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FIFTY-NINTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, March 10, 1999

The Senate was called to order at 8:30 a.m. by Vice President Pro Tempore Bauer. The Secretary called the roll and announced to the Vice President Pro Tempore that all Senators were present except Senators Finkbeiner, Loveland, Patterson, Rossi, Sellar, Thibaudeau and Wojahn. On motion of Senator Deccio, Senator Sellar was excused. On motion of Senator Franklin, Senators Loveland, Patterson, Thibaudeau and Wojahn were excused. On motion of Senator Honeyford, Senators Finkbeiner and Rossi were excused.

The Sergeant at Arms Color Guard consisting of Pages Wil Hutcheson and Nicholaus Palacios, presented the Colors. Reverend Anna Grace, pastor of the Unity Church of Olympia, offered the prayer.

MOTION

On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.

MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

October 7, 1998

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

Jeffrey H. Brotman appointed October 7, 1998, for a term ending September 30, 2004, as a member of the Board of Regents for the University of Washington.

Sincerely,

GARY LOCKE, Governor

Referred to the Committee on Higher Education.

February 17, 1999

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

Marilyn Showalter, appointed February 17, 1999, for a term ending January 1, 2003, as Chair of the Utilities and Transportation Commission.

Sincerely,GARY LOCKE, Governor

Referred to the Committee on Energy, Technology and Telecommunications.

February 24, 1999

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

Lisa M. Pelly, reappointed February 24, 1999, for a term ending December 31, 2004, as a member of the Fish and Wildlife Commission.

Sincerely,

GARY LOCKE, Governor

Referred to the Committee on Natural Resources, Parks and Recreation.

February 24, 1999

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

R. Peter Van Gytenbeek, appointed February 24, 1999, for a term ending December 31, 2004, as a member of the Fish and Wildlife Commission.

Sincerely,

GARY LOCKE, Governor

Referred to the Committee on Natural Resources, Parks and Recreation.

MESSAGE FROM THE HOUSE

March 9, 1999

MR. PRESIDENT:

The Co-Speakers have signed SUBSTITUTE HOUSE BILL NO. 1124, and the same is herewith transmitted.

DEAN R. FOSTER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

SUBSTITUTE HOUSE BILL NO. 1124.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9038, Ann Ramsey-Jenkins, as a member of the Higher Education Coordinating Board, was confirmed.

APPOINTMENT OF ANN RAMSEY-JENKINS

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 42.

Excused: Senators Finkbeiner, Loveland, Patterson, Rossi, Sellar, Thibaudeau and Wojahn - 7.

President Owen assumed the Chair.

MOTION

On motion of Senator Heavey, the following resolution was adopted:

SENATE RESOLUTION 1999-8646

By Senators Heavey and Sheahan

WHEREAS, Patrick Brady's ancestors on both sides of his family came from counties in the northern part of Ireland; and

WHEREAS, Patrick Brady attended O'Dea High School in Seattle and Notre Dame University; and

WHEREAS, Patrick Brady served for thirty-four years in the United States Army, obtaining the rank of Major General; and

WHEREAS, As an air ambulance pilot in Vietnam, Patrick Brady flew more than two thousand combat missions and may have evacuated more wounded - more than five thousand soldiers - from the battlefield than anyone in history; and

WHEREAS, On three different missions and six tasks, Patrick Brady extracted patients from areas where other aircraft failed or were shot down; and

WHEREAS, On one day, Patrick Brady evacuated a total of fifty-one severely injured patients, many of whom would have died without expeditious medical attention; and

WHEREAS, Patrick Brady was awarded the Congressional Medal of Honor for his heroism and efforts; and

WHEREAS, Patrick Brady also was awarded the Distinguished Service Cross; two Distinguished Service Medals; the Defense Superior Service Medal; the Legion of Merit; six Distinguished Flying Crosses; two Bronze Stars, one for valor; the Purple Heart; and fifty-three Air Medals, one for valor; and

WHEREAS, Patrick Brady currently serves on the Board of Regents at Seattle University, works for the Foundation of his former high school, and volunteers for a homeless shelter in Seattle; and

WHEREAS, Patrick Brady has been named the Grand Marshal of the 1999 St. Patrick's Day Parade in Seattle;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate does hereby honor the service and contributions of Patrick Brady and urge all citizens, Irish and non-Irish, to celebrate March 17, 1999, St. Patrick’s Day, as Patrick Brady Day.

MOTION

On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.

SECOND READING

SENATE BILL NO. 5193, by Senators Goings, Benton, Haugen, Oke, Winsley and T. Sheldon

Collecting information from truck, tractor, or trailer intelligent information systems.

The bill was read the second time.

MOTION

On motion of Senator Goings, the rules were suspended, Senate Bill No. 5193 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

MOTION

On motion of Senator McCaslin, Senator Deccio was excused.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5193.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5193 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 42.

Absent: Senator Kline - 1.

Excused: Senators Deccio, Loveland, Rossi, Sellar, Thibaudeau and Wojahn - 6.

SENATE BILL NO. 5193, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5447, by Senators Franklin, Long, Hargrove, Stevens, Winsley, Costa and Rasmussen

Changing provisions relating to guardians ad litem.

MOTIONS

On motion of Senator Hargrove, Substitute Senate Bill No. 5447 was substituted for Senate Bill No. 5447 and the substitute bill was placed on second reading and read the second time.

Senator Franklin moved that the following striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 2.56.030 and 1997 c 41 s 2 are each amended to read as follows:

The administrator for the courts shall, under the supervision and direction of the chief justice:

(1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same;

(2) Examine the state of the dockets of the courts and determine the need for assistance by any court;

(3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance;

(4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto;

(5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto;

(6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith;

(7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state;

(8) Act as secretary of the judicial conference referred to in RCW 2.56.060;

(9) Submit annually, as of February 1st, to the chief justice, a report of the activities of the administrator's office for the preceding calendar year including activities related to courthouse security;

(10) Administer programs and standards for the training and education of judicial personnel;

(11) Examine the need for new superior court and district judge positions under a weighted caseload analysis that takes into account the time required to hear all the cases in a particular court and the amount of time existing judges have available to hear cases in that court. The results of the weighted caseload analysis shall be reviewed by the board for judicial administration which shall make recommendations to the legislature. It is the intent of the legislature that weighted caseload analysis become the basis for creating additional district court positions, and recommendations should address that objective;

(12) Provide staff to the judicial retirement account plan under chapter 2.14 RCW;

(13) Attend to such other matters as may be assigned by the supreme court of this state;

(14) Within available funds, develop a curriculum for a general understanding of child development, placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special needs of the abused or neglected child. This curriculum shall be completed and made available to all juvenile court judges, court personnel, and service providers and be updated yearly to reflect changes in statutes, court rules, or case law;

(15) Develop, in consultation with the entities set forth in RCW 2.56.150(3), a comprehensive state-wide curriculum, training requirements, and continuing education requirements for persons who act as guardians ad litem under Title 13 or 26 RCW except these requirements do not apply to the attorney general or any prosecuting attorney functioning as the guardian ad litem pursuant to RCW 74.20.310. The curriculum, training requirements, and continuing education requirements shall ((be made available July 1, 1997, and)) include specialty sections on child development, child sexual abuse, child physical abuse, child neglect, clinical and forensic investigative and interviewing techniques, family reconciliation and mediation services, and relevant statutory and legal requirements. The curriculum, training requirements, and continuing education requirements shall be made available to all superior court judges, court personnel, and all persons who act as guardians ad litem and be updated yearly to reflect changes in statutes, court rules, or case law;

(16) Develop a curriculum for a general understanding of crimes of malicious harassment, as well as specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs of malicious harassment victims. This curriculum shall be made available to all superior court and court of appeals judges and to all justices of the supreme court;

(17) Develop, in consultation with the criminal justice training commission and the commissions established under chapters 43.113, 43.115, and 43.117 RCW, a curriculum for a general understanding of ethnic and cultural diversity and its implications for working with youth of color and their families. The curriculum shall be available to all superior court judges and court commissioners assigned to juvenile court, and other court personnel. Ethnic and cultural diversity training shall be provided annually so as to incorporate cultural sensitivity and awareness into the daily operation of juvenile courts state-wide;

(18) Authorize the use of closed circuit television and other electronic equipment in judicial proceedings. The administrator shall promulgate necessary standards and procedures and shall provide technical assistance to courts as required;

(19) Maintain a list of all guardians ad litem or investigators under RCW 26.09.220 appointed pursuant to Titles 11, 13, and 26 RCW, who have been removed from the guardian ad litem registry in any superior court within the state pursuant to a grievance action that orders removal from the registry. Superior courts shall report to the administrator for the courts any order removing a guardian ad litem, investigator under RCW 26.09.220 from the registry; and

(20) Develop a model grievance procedure for use by the superior courts when dealing with complaints against: A guardian ad litem under chapter 11.88, 13.34, or 26.12 RCW; a court-appointed special advocate appointed under chapter 13.34 or 26.12 RCW; or an investigator appointed under RCW 26.09.220.

Sec. 2. RCW 11.88.090 and 1996 c 249 s 10 are each amended to read as follows:

(1) Nothing contained in RCW 11.88.080 through 11.88.120, 11.92.010 through 11.92.040, 11.92.060 through 11.92.120, 11.92.170, and 11.92.180 shall affect or impair the power of any court to appoint a guardian ad litem to defend the interests of any incapacitated person interested in any suit or matter pending therein, or to commence and prosecute any suit in his or her behalf.

(2) Upon receipt of a petition for appointment of guardian or limited guardian, except as provided herein, the court shall appoint a guardian ad litem to represent the best interests of the alleged incapacitated person, who shall be a person found or known by the court to:

(a) Be free of influence from anyone interested in the result of the proceeding; and

(b) Have the requisite knowledge, training, or expertise to perform the duties required by this section.

The guardian ad litem shall within five days of receipt of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, each party with a statement including: His or her training relating to the duties as a guardian ad litem; his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment; his or her hourly rate, if compensated; whether the guardian ad litem has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest. Within three days of the later of the actual service or filing of the guardian ad litem's statement, any party may set a hearing and file and serve a motion for an order to show cause why the guardian ad litem should not be removed for one of the following three reasons: (i) Lack of expertise necessary for the proceeding; (ii) an hourly rate higher than what is reasonable for the particular proceeding; or (iii) a conflict of interest. Notice of the hearing shall be provided to the guardian ad litem and all parties. If, after a hearing, the court enters an order replacing the guardian ad litem, findings shall be included, expressly stating the reasons for the removal. If the guardian ad litem is not removed, the court has the authority to assess to the moving party, attorneys' fees and costs related to the motion. The court shall assess attorneys' fees and costs for frivolous motions.

No guardian ad litem need be appointed when a parent is petitioning for a guardian or a limited guardian to be appointed for his or her minor child and the minority of the child, as defined by RCW 11.92.010, is the sole basis of the petition. The order appointing the guardian ad litem shall recite the duties set forth in subsection (4) of this section. The appointment of a guardian ad litem shall have no effect on the legal competency of the alleged incapacitated person and shall not overcome the presumption of competency or full legal and civil rights of the alleged incapacitated person.

(3)(a) The superior court of each county shall develop and maintain a registry of persons who are willing and qualified to serve as guardians ad litem in guardianship matters. The court shall choose as guardian ad litem a person whose name appears on the registry in a system of consistent rotation, except in extraordinary circumstances such as the need for particular expertise. A person appointed under exceptional circumstances because of a particular expertise may be exempt from the training and continuing education requirements by the court if the court limits the scope of the person's appointment and finds the training and continuing education requirements are unrelated to the tasks the court has assigned to the person. The court shall develop procedures for periodic review of the persons on the registry and for probation, suspension, or removal of persons on the registry for failure to perform properly their duties as guardian ad litem. In the event the court does not select the person next on the list, it shall include in the order of appointment a written reason for its decision.

(b) To be eligible for the registry a person shall:

(i) Present a written statement outlining his or her background and qualifications. The background statement shall include, but is not limited to, the following information:

(A) Level of formal education;

(B) Training related to the guardian ad litem's duties;

(D) Number of appointments as a guardian ad litem and the county or counties of appointment;

(E) Criminal history, as defined in RCW 9.94A.030; and

(F) Evidence of the person's knowledge, training, and experience in each of the following: Needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities, and other areas relevant to the needs of incapacitated persons, legal procedure, and the requirements of chapters 11.88 and 11.92 RCW.

The written statement of qualifications shall include ((a statement of the number of times the guardian ad litem has been removed for failure to perform his or her duties as guardian ad litem)) the names of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action that orders removal from the registry, and the cause number of any case in which the court orders removal of the person because the person fails to perform his or her duties as guardian ad litem; and

(ii) Complete the ((model)) training ((program)) and continuing educational requirements as described in (((d))) (e) of this subsection. The training and continuing education requirements are not applicable to guardians ad litem appointed pursuant to court rule solely for the limited purpose of assessing a personal injury settlement.

(c) Superior court shall remove any person from the guardian ad litem registry who misrepresents his or her qualifications.

(d) The background and qualification information shall be updated annually.

(((d))) (e) The department of social and health services shall convene an advisory group to develop a model guardian ad litem training program and establish training and continuing educational requirements. The department, in consultation with the advisory group, shall update the model training program biennially. The advisory group shall consist of representatives from consumer, advocacy, and professional groups knowledgeable in developmental disabilities, neurological impairment, physical disabilities, mental illness, aging, legal, court administration, the Washington state bar association, and other interested parties.

(((e))) (f) The superior court shall require ((utilization of the model program developed by the advisory group as)) that any guardian ad litem appointed pursuant to this chapter comply with the training and continuing education requirements described in (((d))) (e) of this subsection((, to assure that candidates applying for registration as a qualified guardian ad litem shall have satisfactorily completed training to attain these essential minimum qualifications to act as guardian ad litem)), unless the guardian ad litem is appointed solely for the limited purposes of assessing a personal injury settlement.

(4) The guardian ad litem appointed pursuant to this section shall have the following duties:

(a) To meet and consult with the alleged incapacitated person as soon as practicable following appointment and explain, in language which such person can reasonably be expected to understand, the substance of the petition, the nature of the resultant proceedings, the person's right to contest the petition, the identification of the proposed guardian or limited guardian, the right to a jury trial on the issue of his or her alleged incapacity, the right to independent legal counsel as provided by RCW 11.88.045, and the right to be present in court at the hearing on the petition;

(b) To obtain a written report according to RCW 11.88.045; and such other written or oral reports from other qualified professionals as are necessary to permit the guardian ad litem to complete the report required by this section;

(i) The proposed guardian's knowledge of the duties, requirements, and limitations of a guardian; and

(ii) The steps the proposed guardian intends to take or has taken to identify and meet the needs of the alleged incapacitated person;

(d) To consult as necessary to complete the investigation and report required by this section with those known relatives, friends, or other persons the guardian ad litem determines have had a significant, continuing interest in the welfare of the alleged incapacitated person;

(e) To investigate alternate arrangements made, or which might be created, by or on behalf of the alleged incapacitated person, such as revocable or irrevocable trusts, or durable powers of attorney, or blocked accounts in cases of personal injury settlements; whether good cause exists for any such arrangements to be discontinued; and why such arrangements should not be continued or created in lieu of a guardianship;

(f) To provide the court with a written report which shall include the following:

(i) A description of the nature, cause, and degree of incapacity, and the basis upon which this judgment was made;

(ii) A description of the needs of the incapacitated person for care and treatment, the probable residential requirements of the alleged incapacitated person and the basis upon which these findings were made;

(iii) An evaluation of the appropriateness of the guardian or limited guardian whose appointment is sought and a description of the steps the proposed guardian has taken or intends to take to identify and meet current and emerging needs of the incapacitated person;

(iv) A description of any alternative arrangements previously made by the alleged incapacitated person or which could be made, and whether and to what extent such alternatives should be used in lieu of a guardianship, and if the guardian ad litem is recommending discontinuation of any such arrangements, specific findings as to why such arrangements are contrary to the best interest of the alleged incapacitated person;

(v) A description of the abilities of the alleged incapacitated person and a recommendation as to whether a guardian or limited guardian should be appointed. If appointment of a limited guardian is recommended, the guardian ad litem shall recommend the specific areas of authority the limited guardian should have and the limitations and disabilities to be placed on the incapacitated person;

(vi) An evaluation of the person's mental ability to rationally exercise the right to vote and the basis upon which the evaluation is made;

(vii) Any expression of approval or disapproval made by the alleged incapacitated person concerning the proposed guardian or limited guardian or guardianship or limited guardianship;

(viii) Identification of persons with significant interest in the welfare of the alleged incapacitated person who should be advised of their right to request special notice of proceedings pursuant to RCW 11.92.150; ((and))

(ix) Unless independent counsel has appeared for the alleged incapacitated person, an explanation of how the alleged incapacitated person responded to the advice of the right to jury trial, to independent counsel and to be present at the hearing on the petition; and

(x) In cases of personal injury settlements, information relevant to the court's analysis of the offered settlement. The information relevant to the court's analysis may be specified by local court rule, and need not include information specified in subsection (4)(f)(i) through (ix) of this section.

Within forty-five days after notice of commencement of the guardianship proceeding has been served upon the guardian ad litem, and at least fifteen days before the hearing on the petition, unless an extension or reduction of time has been granted by the court for good cause, the guardian ad litem shall file its report and send a copy to the alleged incapacitated person and his or her counsel, spouse, all children not residing with a notified person, those persons described in (f)(viii) of this subsection, and persons who have filed a request for special notice pursuant to RCW 11.92.150. If the guardian ad litem needs additional time to finalize his or her report, then the guardian ad litem shall petition the court for a postponement of the hearing or, with the consent of all other parties, an extension or reduction of time for filing the report. If the hearing does not occur within sixty days of filing the petition, then upon the two-month anniversary of filing the petition and on or before the same day of each following month until the hearing, the guardian ad litem shall file interim reports summarizing his or her activities on the proceeding during that time period as well as fees and costs incurred;

(g) To advise the court of the need for appointment of counsel for the alleged incapacitated person within five court days after the meeting described in (a) of this subsection unless (i) counsel has appeared, (ii) the alleged incapacitated person affirmatively communicated a wish not to be represented by counsel after being advised of the right to representation and of the conditions under which court-provided counsel may be available, or (iii) the alleged incapacitated person was unable to communicate at all on the subject, and the guardian ad litem is satisfied that the alleged incapacitated person does not affirmatively desire to be represented by counsel.

(5) If the petition is brought by an interested person or entity requesting the appointment of some other qualified person or entity and a prospective guardian or limited guardian cannot be found, the court shall order the guardian ad litem to investigate the availability of a possible guardian or limited guardian and to include the findings in a report to the court pursuant to subsection (4)(f) of this section.

(6) The parties to the proceeding may file responses to the guardian ad litem report with the court and deliver such responses to the other parties and the guardian ad litem at any time up to the second day prior to the hearing. If a guardian ad litem fails to file his or her report in a timely manner, the hearing shall be continued to give the court and the parties at least fifteen days before the hearing to review the report. At any time during the proceeding upon motion of any party or on the court's own motion, the court may remove the guardian ad litem for failure to perform his or her duties as specified in this chapter, provided that the guardian ad litem shall have five days' notice of any motion to remove before the court enters such order. In addition, the court in its discretion may reduce a guardian ad litem's fee for failure to carry out his or her duties.

(7) The court appointed guardian ad litem shall have the authority, in the event that the alleged incapacitated person is in need of emergency life-saving medical services, and is unable to consent to such medical services due to incapacity pending the hearing on the petition to give consent for such emergency life-saving medical services on behalf of the alleged incapacitated person.

(8) The court-appointed guardian ad litem shall have the authority to move for temporary relief under chapter 7.40 RCW to protect the alleged incapacitated person from abuse, neglect, abandonment, or exploitation, as those terms are defined in RCW 74.34.020, or to address any other emergency needs of the alleged incapacitated person. Any alternative arrangement executed before filing the petition for guardianship shall remain effective unless the court grants the relief requested under chapter 7.40 RCW, or unless, following notice and a hearing at which all parties directly affected by the arrangement are present, the court finds that the alternative arrangement should not remain effective.

(9) The guardian ad litem shall receive a fee determined by the court. The fee shall be charged to the alleged incapacitated person unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That if no guardian or limited guardian is appointed the court may charge such fee to the petitioner or the alleged incapacitated person, or divide the fee, as it deems just; and if the petition is found to be frivolous or not brought in good faith, the guardian ad litem fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency. In cases of personal injury settlements, guardian ad litem fees shall be negotiated among the parties, and approved by the court.

(10) Upon the presentation of the guardian ad litem report and the entry of an order either dismissing the petition for appointment of guardian or limited guardian or appointing a guardian or limited guardian, the guardian ad litem shall be dismissed and shall have no further duties or obligations unless otherwise ordered by the court. If the court orders the guardian ad litem to perform further duties or obligations, they shall not be performed at county expense.

(11) The guardian ad litem shall appear in person at all hearings on the petition unless all parties provide a written waiver of the requirement to appear.

(12) At any hearing the court may consider whether any person who makes decisions regarding the alleged incapacitated person or estate has breached a statutory or fiduciary duty.

NEW SECTION. Sec. 3. A new section is added to chapter 11.88 RCW to read as follows:

The court shall, in each order of appointment, specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the guardian ad litem may charge without additional court review and approval.

NEW SECTION. Sec. 4. A new section is added to chapter 11.88 RCW to read as follows:

All guardians ad litem are prohibited from engaging in ex parte communications with any judicial officer regarding the matter for which he or she is appointed, except as approved pursuant to a hearing conducted with appropriate notice to all parties. All guardians ad litem may petition the court to shorten time to hear any emergency motions pursuant to court rules. Unauthorized communication shall be immediately reported to all parties and their attorneys. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem who violates this section from any pending case or the guardian ad litem rotational registry, and if so removed may require forfeiture of any fees for professional services on any pending cases.

Sec. 5. RCW 13.34.100 and 1996 c 249 s 13 are each amended to read as follows:

(1) The court shall appoint a guardian ad litem for a child who is the subject of an action under this chapter, unless a court for good cause finds the appointment unnecessary. The requirement of a guardian ad litem may be deemed satisfied if the child is represented by independent counsel in the proceedings.

(2) If the court does not have available to it a guardian ad litem program with a sufficient number of volunteers, the court may appoint a suitable person to act as guardian ad litem for the child under this chapter. Another party to the proceeding or the party's employee or representative shall not be so appointed.

(3) Each guardian ad litem program shall maintain a background information record for each guardian ad litem in the program. The background file shall include, but is not limited to, the following information:

(a) Level of formal education;

(b) Training related to the guardian's duties;

(d) Number of appointments as a guardian ad litem and the county or counties of appointment; ((and))

(e) The name of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action that orders removal from the registry, and the cause number of any case in which the court orders removal of the person because the person fails to perform his or her duties as guardian ad litem; and

(f) Criminal history, as defined in RCW 9.94A.030.

The background information report shall be updated annually. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court. If the appointed guardian ad litem is not a member of a guardian ad litem program the person shall provide the background information to the court.

Upon appointment, the guardian ad litem, or guardian ad litem program, shall provide the parties or their attorneys with a statement containing: His or her training relating to the duties as a guardian ad litem; the name of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action that orders removal from the registry, and the cause number of any case in which the court orders removal of the person because the person fails to perform his or her duties as guardian ad litem; and his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment. The background statement shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.

(4) The appointment of the guardian ad litem shall remain in effect until the court discharges the appointment or no longer has jurisdiction, whichever comes first. The guardian ad litem may also be discharged upon entry of an order of guardianship.

(5) A guardian ad litem through counsel, or as otherwise authorized by the court, shall have the right to present evidence, examine and cross-examine witnesses, and to be present at all hearings. A guardian ad litem shall receive copies of all pleadings and other documents filed or submitted to the court, and notice of all hearings according to court rules. The guardian ad litem shall receive all notice contemplated for a parent or other party in all proceedings under this chapter.

(6) If the child requests legal counsel and is age twelve or older, or if the guardian ad litem or the court determines that the child needs to be independently represented by counsel, the court may appoint an attorney to represent the child's position.

(7) For the purposes of child abuse prevention and treatment act (42 U.S.C. Secs. 5101 et seq.) grants to this state under P.L. 93-247, or any related state or federal legislation, a person appointed pursuant to RCW 13.34.100 shall be deemed a guardian ad litem to represent the best interests of the minor in proceedings before the court.

(8) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program shall give the court the name of the person it recommends and the appointment shall be effective immediately. The court shall appoint the person recommended by the program. If a party in a case reasonably believes the court-appointed special advocate or volunteer is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate on the grounds the advocate or volunteer is inappropriate or unqualified.

Sec. 6. RCW 13.34.102 and 1997 c 41 s 6 are each amended to read as follows:

(1)(a) All guardians ad litem((, who have not previously served or been trained as a guardian ad litem in this state, who are appointed after January 1, 1998,)) must ((complete the curriculum developed by the office of the administrator for the courts)) comply with the training requirements established under RCW 2.56.030(15), prior to their appointment in cases under Title 13 RCW, except that volunteer guardians ad litem or court-appointed special advocates ((accepted into a volunteer program after January 1, 1998,)) may ((complete an alternative curriculum)) comply with alternative training requirements approved by the office of the administrator for the courts that meet((s)) or exceed((s)) the state-wide ((curriculum)) requirements.

(b) All persons appointed as guardians ad litem or court-appointed special advocates must comply with the continuing education requirements established under RCW 2.56.030(15).

(2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry.

(b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 13.34.100(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.

(c) If a party reasonably believes that the appointed guardian ad litem lacks the necessary expertise for the proceeding, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest, the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad litem by filing a motion with the court.

(d) Upon the motion of any party the court shall, if located in a judicial district with a population over one hundred thousand, remove a compensated guardian ad litem who was not selected from a rotational registry system. This subsection (2)(d) does not apply when the guardian ad litem was appointed: (i) Under exceptional circumstances authorized under (a) of this subsection; or (ii) as a result of a joint recommendation of the parties.

(3) The rotational registry system shall not apply to court-appointed special advocate programs.

Sec. 7. RCW 13.34.105 and 1993 c 241 s 3 are each amended to read as follows:

(1) Unless otherwise directed by the court, the duties of the guardian ad litem include but are not limited to the following:

(a) To ((represent)) investigate and ((be an advocate for)) report to the court factual information regarding the best interests of the child;

(b) To collect relevant information about the child's situation;

(c) To monitor all court orders for compliance and to bring to the court's attention any change in circumstances that may require a modification of the court's order; ((and))

(d) To report to the court information on: (i) The legal status of a child's membership in any Indian tribe or band; and (ii) the facts relating to the child's best interests; and

(e) Court-appointed special advocates may make recommendations based upon an independent investigation in the best interests of the child, which the court may consider and weigh in conjunction with the recommendations of all of the parties.

(2) ((The)) A guardian ad litem shall be deemed an officer of the court for the purpose of immunity from civil liability.

(3) Except for information or records specified in RCW 13.50.100(4), the guardian ad litem shall have access to all information available to the state or agency on the case. Upon presentation of the order of appointment by the guardian ad litem, any agency, hospital, school organization, division or department of the state, doctor, nurse, or other health care provider, psychologist, psychiatrist, police department, or mental health clinic shall permit the guardian ad litem to inspect and copy any records relating to the child or children involved in the case, without the consent of the parent or guardian of the child, or of the child if the child is under the age of thirteen years, unless such access is otherwise specifically prohibited by law.

(4) A guardian ad litem may release confidential information, records, and reports to the office of the family and children's ombudsman for the purposes of carrying out its duties under chapter 43.06A RCW.

(5) The guardian ad litem shall release case information in accordance with the provisions of RCW 13.50.100.

NEW SECTION. Sec. 8. A new section is added to chapter 13.34 RCW to read as follows:

NEW SECTION. Sec. 9. A new section is added to chapter 13.34 RCW to read as follows:

All guardians ad litem and court-appointed special advocates are prohibited from engaging in ex parte communications with any judicial officer regarding the matter for which he or she is appointed, except as approved pursuant to a hearing conducted with appropriate notice to all parties. All guardians ad litem may petition the court to shorten time to hear any emergency motions pursuant to court rules. Unauthorized communication shall be immediately reported to all parties and their attorneys. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem or court-appointed special advocate who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on any pending cases.

Sec. 10. RCW 26.12.175 and 1996 c 249 s 15 are each amended to read as follows:

(1)(a) The court may appoint a guardian ad litem to represent the interests of a minor or dependent child when the court believes the appointment of a guardian ad litem is necessary to protect the best interests of the child in any proceeding under this chapter. The family court services professionals may also make a recommendation to the court regarding whether a guardian ad litem should be appointed for the child. The court may appoint a guardian ad litem from the court-appointed special advocate program, if that program exists in the county.

(b) Unless otherwise ordered, the guardian ad litem's role is to investigate and report to the court concerning parenting arrangements for the child((, and to represent the child's best interests)). This should include factual information regarding the best interests of the child. Additionally, if a minor expresses his or her custody wishes, the guardian ad litem must report the wishes to the court. The child's wishes do not determine placement. The court may require the guardian ad litem to provide periodic reports to the parties regarding the status of his or her investigation. The guardian ad litem shall file his or her report at least sixty days prior to trial.

(c) The court shall enter an order for costs, fees, and disbursements to cover the costs of the guardian ad litem. The court may order either or both parents to pay for the costs of the guardian ad litem, according to their ability to pay. If both parents are indigent, the county shall bear the cost of the guardian, subject to appropriation for guardians' ad litem services by the county legislative authority. Guardians ad litem who are not volunteers shall provide the parties with an itemized accounting of their time and billing for services each month.

(2)(a) If the guardian ad litem appointed is from the county court-appointed special advocate program, the program shall supervise any guardian ad litem assigned to the case. The court-appointed special advocate program shall be entitled to notice of all proceedings in the case.

(b) The legislative authority of each county may authorize creation of a court-appointed special advocate program. The county legislative authority may adopt rules of eligibility for court-appointed special advocate program services.

(a) Level of formal education;

(b) Training related to the guardian's duties;

(d) Number of appointments as a guardian ad litem and county or counties of appointment; ((and))

(f) Criminal history, as defined in RCW 9.94A.030.

(4) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program shall give the court the name of the person it recommends and the appointment shall be effective immediately. The court shall appoint the person recommended by the program. If a party in a case reasonably believes the court-appointed special advocate or volunteer is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate on the grounds the advocate or volunteer is inappropriate or unqualified.

Sec. 11. RCW 26.12.177 and 1997 c 41 s 7 are each amended to read as follows:

(1)(a) All guardians ad litem((, who have not previously served or been trained as a guardian ad litem in this state, who are appointed after January 1, 1998,)) and investigators appointed under RCW 26.09.220 must ((complete the curriculum developed by the office of the administrator for the courts)) comply with the training requirements established under RCW 2.56.030(15), prior to their appointment in cases under Title 26 RCW, except that volunteer guardians ad litem or court-appointed special advocates ((accepted into a volunteer program after January 1, 1998,)) may ((complete an alternative curriculum)) comply with alternative training requirements approved by the office of the administrator for the courts that meet((s)) or exceed((s)) the state-wide ((curriculum)) requirements.

(b) All persons appointed as guardians ad litem, investigators under RCW 26.09.220, or court-appointed special advocates must comply with the continuing education requirements established under RCW 2.56.030(15).

(2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem and investigators under RCW 26.09.220. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem and investigators under RCW 26.09.220 shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry.

(b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 26.12.175(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.

(e) Under this section, within either registry referred to in (a) of this subsection, a subregistry may be created that consists of guardians ad litem under contract with the department of social and health services' division of child support. Guardians ad litem on such a subregistry shall be selected and appointed in state-initiated paternity cases only.

(3) The rotational registry system shall not apply to court-appointed special advocate programs.

NEW SECTION. Sec. 12. A new section is added to chapter 26.12 RCW to read as follows:

The court shall, in each order of appointment, specify the hourly rate the guardian ad litem or investigator under RCW 26.09.220 may charge for his or her services, and shall specify the maximum amount the guardian ad litem or investigator under RCW 26.09.220 may charge without additional court review and approval.

NEW SECTION. Sec. 13. A new section is added to chapter 26.12 RCW to read as follows:

All guardians ad litem, court-appointed special advocates, and investigators under RCW 26.09.220 are prohibited from engaging in ex parte communications with any judicial officer regarding the matter for which he or she is appointed, except as approved pursuant to a hearing conducted with appropriate notice to all parties. All guardians ad litem or investigators under RCW 26.09.220 may petition the court to shorten time to hear any emergency motions pursuant to court rules. Unauthorized communication shall be immediately reported to all parties and their attorneys. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem, court-appointed special advocate, or investigator who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on any pending cases.

NEW SECTION. Sec. 14. A new section is added to chapter 26.12 RCW to read as follows:

All information, records, and reports obtained or created by a guardian ad litem, court-appointed special advocate, or investigator under RCW 26.09.220, shall be discoverable pursuant to court rule to the parties and their attorneys. The guardian ad litem, court-appointed special advocate, or investigator shall maintain the privacy of the parties and the confidentiality of information obtained, pursuant to the investigation, as to third parties. Any guardian ad litem or investigator under RCW 26.09.220 can move the court to seal the court file to protect information obtained by the guardian ad litem from disclosure to third persons, particularly in cases where no evidentiary rulings have been made on information introduced by affidavit, declaration, or other means. Nothing in this section shall be interpreted to authorize disclosure of guardian ad litem or investigator records in personal injury actions.

NEW SECTION. Sec. 15. A new section is added to chapter 26.12 RCW to read as follows:

Any guardian ad litem or investigator under RCW 26.09.220 appointed under this chapter may release confidential information, records, and reports to the office of the family and children's ombudsman for the purposes of carrying out its duties under chapter 43.06A RCW.

NEW SECTION. Sec. 16. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999, except for sections 6 and 11 of this act, which take effect January 1, 2001."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senator Franklin to Substitute Senate Bill No. 5447.

The motion by Senator Franklin carried and the striking amendment was adopted.

MOTIONS

On motion of Senator Franklin, the following title amendment was adopted:

On page 1, line 1 of the title, after "litem;" strike the remainder of the title and insert "amending RCW 2.56.030, 11.88.090, 13.34.100, 13.34.102, 13.34.105, 26.12.175, and 26.12.177; adding new sections to chapter 11.88 RCW; adding new sections to chapter 13.34 RCW; adding new sections to chapter 26.12 RCW; providing effective dates; and declaring an emergency."

On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 5447 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5447.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5447 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 45.

Excused: Senators Deccio, Loveland, Sellar and Thibaudeau - 4.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5447, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5106, by Senators Eide, Morton, Jacobsen, Goings, Winsley, Oke and Costa (by request of Department of Health)

Providing for the safe decontamination or destruction of residential property used for illegal drug manufacturing or storage.

The bill was read the second time.

MOTION

On motion of Senator Eide, the rules were suspended, Senate Bill No. 5106 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5106.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5106 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 45.

Excused: Senators Deccio, Loveland, Sellar and Thibaudeau - 4.

SENATE BILL NO. 5106, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6008, by Senators Costa, Hargrove and Long

Creating youth courts.

MOTIONS

On motion of Senator Hargrove, Substitute Senate Bill No. 6008 was substituted for Senate Bill No. 6008 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 6008 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6008.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6008 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 45.

Excused: Senators Deccio, Loveland, Sellar and Thibaudeau - 4.

SUBSTITUTE SENATE BILL NO. 6008, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5862, by Senators Gardner, Horn, Patterson, McCaslin and Haugen

Protecting records of strategy discussions.

The bill was read the second time.

MOTION

On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5862 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5862.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5862 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 44.

Voting nay: Senator Benton - 1.

Excused: Senators Deccio, Loveland, Sellar and Thibaudeau - 4.

SENATE BILL NO. 5862, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5065, by Senators Rasmussen, Goings, Deccio, Honeyford, Winsley, Rossi, Hochstatter, Oke and Costa

Revoking driving privileges for alcohol violations until the person is age twenty-one.

MOTIONS

On motion of Senator Heavey, Substitute Senate Bill No. 5065 was substituted for Senate Bill No. 5065 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Heavey, the rules were suspended, Substitute Senate Bill No. 5065 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5065.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5065 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 45.

Excused: Senators Deccio, Loveland, Sellar and Thibaudeau - 4.

SUBSTITUTE SENATE BILL NO. 5065, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5614, by Senators Hochstatter, Oke, T. Sheldon and Heavey

Concerning the issuance of citations under the Washington industrial safety and health act.

The bill was read the second time.

MOTION

On motion of Senator Fairley, the rules were suspended, Senate Bill No. 5614 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5614.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5614 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 45.

Excused: Senators Deccio, Loveland, Sellar and Thibaudeau - 4.

SENATE BILL NO. 5614, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5064, by Senators Haugen, Horn, Gardner, Benton, Long, Costa, B. Sheldon, Swecker, Patterson, Jacobsen, Shin, Oke, Morton, Eide, Spanel, Johnson, Goings, Sellar, Fraser, Thibaudeau, Franklin, Winsley, Rasmussen and McAuliffe

Protecting certain public transportation information.

MOTIONS

On motion of Senator Haugen, Substitute Senate Bill No. 5064 was substituted for Senate Bill No. 5064 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5064 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5064.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5064 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 45.

Excused: Senators Deccio, Loveland, Sellar and Thibaudeau - 4.

SUBSTITUTE SENATE BILL NO. 5064, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5745, by Senators Bauer, Honeyford, Wojahn, West and Long

Reducing gambling taxes.

MOTIONS

On motion of Senator Bauer, Substitute Senate Bill No. 5745 was substituted for Senate Bill No. 5745 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Bauer, the rules were suspended, Substitute Senate Bill No. 5745 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5745.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5745 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 14; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Benton, Brown, Costa, Finkbeiner, Fraser, Gardner, Goings, Hale, Heavey, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Spanel, Stevens, Swecker, West and Zarelli - 31.

Voting nay: Senators Eide, Fairley, Franklin, Hargrove, Haugen, Hochstatter, Jacobsen, McDonald, Morton, Oke, Sheldon, B., Snyder, Winsley and Wojahn - 14.

Excused: Senators Deccio, Loveland, Sellar and Thibaudeau - 4.

SUBSTITUTE SENATE BILL NO. 5745, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5232, by Senators Horn, Heavey, Fairley, Oke, Franklin, Hochstatter, Kohl-Welles and Winsley

Enhancing consumer protection regarding contractors.

MOTIONS

On motion of Senator Goings, Substitute Senate Bill No. 5232 was substituted for Senate Bill No. 5232 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fairley, the rules were suspended, Substitute Senate Bill No. 5232 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

CALL FOR THE PREVIOUS QUESTION

Senators Snyder, Spanel and Betti Sheldon called for the previous question and the demand was sustained.

The President declared the question before the Senate to be shall the main question be now put.

The motion carried and the demand for the previous question carried.

Senator Horn closed debate on Substitute Senate Bill No. 5232.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5232.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5232 and the bill failed to pass the Senate by the following vote: Yeas, 24; Nays, 21; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Long, McAuliffe, Prentice, Rasmussen, Sheldon, B., Snyder, Spanel, Winsley and Wojahn - 24.

Voting nay: Senators Benton, Finkbeiner, Goings, Hale, Hochstatter, Honeyford, Johnson, McCaslin, McDonald, Morton, Oke, Patterson, Roach, Rossi, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West and Zarelli - 21.

Excused: Senators Deccio, Loveland, Sellar and Thibaudeau - 4.

SUBSTITUTE SENATE BILL NO. 5232, having failed to receive the constitutional majority, was declared lost.

NOTICE FOR RECONSIDERATION

Having voted on the prevailing side, Senator McDonald served notice that he would move to reconsider the vote by which Substitute Senate Bill No. 5232 failed to pass the Senate.

SECOND READING

SENATE BILL NO. 6020, by Senators Hargrove, Fairley, Benton, Kohl-Welles, Zarelli, Swecker, Roach, McDonald, Rossi, Morton, Spanel, Thibaudeau, Hochstatter, T. Sheldon, Sheahan, Johnson, Prentice, Brown, Heavey, Stevens and Costa

Delaying implementation of the requirement to record social security numbers on license applications to assist in child support enforcement.

MOTIONS

On motion of Senator Fairley, Substitute Senate Bill No. 6020 was substituted for Senate Bill No. 6020 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fairley, the following amendments by Senators Fairley and Hargrove were considered simultaneously and were adopted:

On page 1, line 14, after "implementation of the" insert "noncommercial driver's license"

On page 1, line 18, after "numbers on" insert "noncommercial driver's"

On page 2, line 2, after "applications for" insert "noncommercial driver's"

MOTIONS

On motion of Senator Fairley, the following amendment by Senators Fairley and Hargrove was adopted:

On page 2, line 13, after "enforcement" strike all material through "number" on line 15, and insert "prior to the time necessary to comply with the federal deadline"

On motion of Senator Fairley, the rules were suspended, Engrossed Substitute Senate Bill No. 6020 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6020.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6020 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 1; Excused, 3.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.

Voting nay: Senator Wojahn - 1.

Absent: Senator Snyder - 1.

Excused: Senators Deccio, Loveland and Sellar - 3.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6020, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 10:03 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 10:39 a.m. by President Owen.

SECOND READING

SENATE BILL NO. 5021, by Senators Snyder, Swecker, Winsley and Benton

Exempting certain nonprofit organizations from property taxation.

The bill was read the second time.

MOTION

On motion of Senator Snyder, the rules were suspended, Senate Bill No. 5021 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5021.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5021 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

Excused: Senators Deccio and Sellar - 2.

SENATE BILL NO. 5021, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5501, by Senators Rasmussen, Finkbeiner, McAuliffe, Eide, Bauer and Spanel.

Creating the summer school jump start program.

MOTION

On motion of Senator Rasmussen, Substitute Senate Bill No. 5501 was substituted for Senate Bill No. 5501 and the substitute bill was placed on second reading and read the second time.

MOTION

On motion of Senator Betti Sheldon, further consideration of Substitute Senate Bill No. 5501 was deferred.

SECOND READING

SENATE BILL NO. 5298, by Senators McAuliffe, Winsley, Goings, Honeyford, Eide, Brown, Kohl-Welles and Patterson (by request of Superintendent of Public Instruction Bergeson)

Changing local assistance funds provisions.

MOTIONS

On motion of Senator McAuliffe, Substitute Senate Bill No. 5298 was substituted for Senate Bill No. 5298 and the substitute bill was placed on second reading and read the second time.

On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 5298 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5298.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5298 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

Excused: Senators Deccio and Sellar - 2.

SUBSTITUTE SENATE BILL NO. 5298, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5797, by Senators McAuliffe, Eide, B. Sheldon, Fairley, Kohl-Welles, Shin, Gardner, Fraser, Snyder, Prentice, Patterson, Goings, Bauer, Winsley, Thibaudeau, Rasmussen and Spanel

Improving class size.

MOTIONS

On motion of Senator McAuliffe, Substitute Senate Bill No. 5797 was substituted for Senate Bill No. 5797 and the substitute bill was placed on second reading and read the second time.

Senator Finkbeiner moved that the following amendments be considered simultaneously and be adopted:

On page 3, line 23, after "ratio" insert ". Any additional funds provided under this subsection (2)(b)(i) for certificated instructional staff must be used solely for the addition of classroom teachers and to reduce class size"

On page 3, line 38, after "five" insert ". Any additional funds provided under this subsection (2)(b)(ii) for certificated instructional staff must be used solely for the addition of classroom teachers and to reduce class size"

On page 7, line 2, after "ratio" insert ". Any additional funds provided under this subsection (2)(b)(i) for certificated instructional staff must be used solely for the addition of classroom teachers and to reduce class size"

On page 7, line 17, after "five" insert ". Any additional funds provided under this subsection (2)(b)(ii) for certificated instructional staff must be used solely for the addition of classroom teachers and to reduce class size"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Finkbeiner on page 3, lines 23 and 38, and page 7, lines 2 and 17, to Substitute Senate Bill No. 5797.

The motion by Senator Finkbeiner failed and the amendments were not adopted.

MOTION

Senator Horn moved that the following striking amendment by Senators Horn and Finkbeiner be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28A.150.260 and 1997 c 13 s 1 are each amended to read as follows:

The basic education allocation for each annual average full-time equivalent student shall be determined in accordance with the following procedures:

(1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula based on a ratio of students to staff for the distribution of a basic education allocation for each annual average full-time equivalent student enrolled in a common school. The distribution formula shall have the primary objective of equalizing educational opportunities and shall provide appropriate recognition of the following costs among the various districts within the state:

(a) Certificated instructional staff and their related costs;

(b) Certificated administrative staff and their related costs;

(d) Nonsalary costs;

(e) Extraordinary costs of remote and necessary schools and small high schools, including costs of additional certificated and classified staff; and

(f) The attendance of students pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district.

(2)(a) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature. The formula shall be for allocation purposes only. While the legislature intends that the allocations for additional instructional staff be used to increase the ratio of such staff to students, nothing in this section shall require districts to reduce the number of administrative staff below existing levels.

(b) The formula adopted by the legislature shall reflect the following ratios at a minimum:

(i) Forty-nine certificated instructional staff to one thousand annual average full-time equivalent students enrolled in grades kindergarten through three;

(ii) Forty-six certificated instructional staff to one thousand annual average full-time equivalent students in grades four through ((twelve)) six. An additional maximum of four certificated instructional staff per one thousand full-time equivalent students in grades four through six for the addition of teachers solely to reduce class size. Any funds provided for these additional four certificated instructional staff units shall not be considered basic education funding and shall be allocated only if the district documents an actual ratio equal to or greater than fifty certificated instructional staff per thousand full-time equivalent students in grades four through six. For any school district documenting a lower certificated staff ratio, the allocation shall be based on the higher of the district's actual fourth through sixth grade ratio or forty-six certificated instructional staff per thousand;

(iii) Forty-six certificated instructional staff to one thousand annual average full-time equivalent students in grades seven through twelve;

(iv) Four certificated administrative staff to one thousand annual average full-time equivalent students in grades kindergarten through twelve; and

(((iv))) (v) Sixteen and sixty-seven one-hundredths classified personnel to one thousand annual average full-time equivalent students enrolled in grades kindergarten through twelve.

(c) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect: PROVIDED, That the distribution formula developed pursuant to this section shall be for state apportionment and equalization purposes only and shall not be construed as mandating specific operational functions of local school districts other than those program requirements identified in RCW 28A.150.220 and 28A.150.100. The enrollment of any district shall be the annual average number of full-time equivalent students and part-time students as provided in RCW 28A.150.350, enrolled on the first school day of each month and shall exclude full-time equivalent students with disabilities recognized for the purposes of allocation of state funds for programs under RCW 28A.155.010 through 28A.155.100. The definition of full-time equivalent student shall be determined by rules of the superintendent of public instruction: PROVIDED, That the definition shall be included as part of the superintendent's biennial budget request: PROVIDED, FURTHER, That any revision of the present definition shall not take effect until approved by the house appropriations committee and the senate ways and means committee: PROVIDED, FURTHER, That the office of financial management shall make a monthly review of the superintendent's reported full-time equivalent students in the common schools in conjunction with RCW 43.62.050.

(3)(a) Certificated instructional staff shall include those persons employed by a school district who are nonsupervisory employees within the meaning of RCW 41.59.020(8): PROVIDED, That in exceptional cases, people of unusual competence but without certification may teach students so long as a certificated person exercises general supervision: PROVIDED, FURTHER, That the hiring of such classified people shall not occur during a labor dispute and such classified people shall not be hired to replace certificated employees during a labor dispute.

(b) Certificated administrative staff shall include all those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors, principals, or assistant principals within the meaning of RCW 41.59.020(4).

(4) Each annual average full-time equivalent certificated classroom teacher's direct classroom contact hours shall average at least twenty-five hours per week. Direct classroom contact hours shall be exclusive of time required to be spent for preparation, conferences, or any other nonclassroom instruction duties. Up to two hundred minutes per week may be deducted from the twenty-five contact hour requirement, at the discretion of the school district board of directors, to accommodate authorized teacher/parent-guardian conferences, recess, passing time between classes, and informal instructional activity. Implementing rules to be adopted by the state board of education pursuant to RCW 28A.150.220(4) shall provide that compliance with the direct contact hour requirement shall be based upon teachers' normally assigned weekly instructional schedules, as assigned by the district administration. Additional record-keeping by classroom teachers as a means of accounting for contact hours shall not be required. Waivers from contact hours may be requested under RCW 28A.305.140.

Sec. 2. RCW 28A.150.260 and 1997 c 13 s 2 are each amended to read as follows:

The basic education allocation for each annual average full-time equivalent student shall be determined in accordance with the following procedures:

(a) Certificated instructional staff and their related costs;

(b) Certificated administrative staff and their related costs;

(d) Nonsalary costs;

(e) Extraordinary costs of remote and necessary schools and small high schools, including costs of additional certificated and classified staff; and

(f) The attendance of students pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district.

(b) The formula adopted by the legislature shall reflect the following ratios at a minimum:

(i) Forty-nine certificated instructional staff to one thousand annual average full-time equivalent students enrolled in grades kindergarten through three;

(iii) Forty-six certificated instructional staff to one thousand annual average full-time equivalent students in grades seven through twelve;

(iv) Four certificated administrative staff to one thousand annual average full-time equivalent students in grades kindergarten through twelve; and

(((iv))) (v) Sixteen and sixty-seven one-hundredths classified personnel to one thousand annual average full-time equivalent students enrolled in grades kindergarten through twelve.

NEW SECTION. Sec. 3. The sum of ninety-two million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2001, from the general fund to the office of the superintendent of public instruction for the purposes of this act.

NEW SECTION. Sec. 4. Section 1 of this act takes effect September 1, 1999.

NEW SECTION. Sec. 5. Section 2 of this act takes effect September 1, 2000. However, section 2 of this act shall not take effect if, by September 1, 2000, a law is enacted stating that a school accountability and academic assessment system is not in place."

Debate ensued.

Senator Johnson demanded a roll call and the demand was sustained.

Further debate ensued.

The President declared the question before the Senate to be the roll call on the adoption of the striking amendment by Senators Horn and Finkbeiner to Substitute Senate Bill No. 5797.

ROLL CALL

The Secretary called the roll and the striking amendment was not adopted by the following vote: Yeas, 20; Nays, 28; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 20.

Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 28.

Excused: Senator Sellar - 1.

MOTION

On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 5797 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5797.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5797 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 7; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 41.

Absent: Senators Jacobsen, McDonald, Morton, Oke, Snyder, Spanel and Swecker - 7.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 5797, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Goings, Senator Jacobsen was excused.

There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5501, deferred on second reading earlier today.

MOTION

Senator Hochstatter moved that the following amendment be adopted:

On page 2, line 4, after "eight." insert "Such funds shall only be used for students in need of assistance in reading, writing, and math."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Hochstatter on page 2, line 4, to Substitute Senate Bill No. 5501.

The motion by Senator Hochstatter failed and the amendment was not adopted.

MOTION

On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5501 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5501.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5501 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Absent: Senator Morton - 1.

Excused: Senators Jacobsen and Sellar - 2.

SUBSTITUTE SENATE BILL NO. 5501, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SUBSTITUTE SENATE BILL NO. 5413, by Senators McAuliffe, Rasmussen, Benton, Winsley, Bauer, Kohl-Welles and Haugen (by request of Board of Education, Superintendent of Public Instruction Bergeson and Governor Locke)

Incorporating teacher assessment into the certification system.

MOTIONS

On motion of Senator McAuliffe, Substitute Senate Bill No. 5413 was substituted for Senate Bill No. 5413 and the substitute bill was placed on second reading and read the second time.

Senator Finkbeiner moved that the following amendments be considered simultaneously and be adopted:On page 1, line 15, strike "communications,"

On page 3, line 18, strike "development, purchase" and insert "selection"

On page 4, line 10, strike "development or"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Finkbeiner on page 1, line 15; page 3, line 18; and page 4, line 10; to Substitute Senate Bill 5413.

The motion by Senator Finkbeiner failed on a rising vote and the amendments were not adopted.

MOTION

Senator Finkbeiner moved that the following amendments be considered simultaneously and be adopted:

On page 1, line 15, after "math" strike all material through "teach;" on page 1, line 16

On page 2, line 21, after "(2)" strike all material through "(3)" on page 2, line 31

On page 3, line 1, after "(1)" strike all material through "(3)" on page 3, line 1, and insert "and (2)"

On page 3, line 11, after "in" strike all material through "(3)" and insert "subsection (2)"

Renumber the subsections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Finkbeiner on page 1, line 15; page 2, line 21; page 3, lines 1 and 11; to Substitute Senate Bill No. 5413.

The motion by Senator Finkbeiner failed and the amendments were not adopted.

MOTION

Senator Hochstatter moved that the following amendment by Senators Hochstatter and Swecker be adopted:

On page 3, line 1, after "(4)" insert the following:

"Notwithstanding any other statutory requirements for obtaining a teaching certificate, an applicant shall obtain a teaching certificate by successfully passing of the assessments in subsections (1), (2) and (3) of this section.

(5)"

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Hochstatter and Swecker on page 3, line 1, to Substitute Senate Bill No. 5413.

The motion by Senator Hochstatter failed and the amendment was not adopted.

PERSONAL PRIVILEGE

Senator McCaslin: “A point of personal privilege, Mr. President. I, like the rest of you, try to learn something everyday, so I called my office on the word ‘pedagogy,’ which I had never seen before, so I learned what that means today. When I called my office, he looked in the dictionary and he inserted an ‘o’ where the ‘a’ is. I don’t know if you know what that means. If you put an ‘o’ in there, you pronounce it, I can’t. That means the study of soils, including organic characteristics and uses. So, today, I have learned two words and I hope you have, too.”

MOTION

On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 5413 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5413.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5413 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 44.

Voting nay: Senators Benton, Hochstatter, Stevens and Zarelli - 4.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 5413, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Snyder, Rule 15 was suspended.

EDITOR’S NOTE: Rule 15 states, ‘The senate shall convene at 10:00 a.m. each working day, unless adjourned to a different hour. The senate shall adjourn not later than 10:00 p.m. of each working day. The senate shall recess ninety minutes for lunch each working day. When reconvening on the same day the senate shall recess ninety minutes for dinner each working evening. This rule may be suspended by a majority.’

MOTION

At 12:14 p.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:15 p.m.

The Senate was called to order at 1:15 p.m. by President Owen.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Thibaudeau, Gubernatorial Appointment No. 9034, Noel Nightingale, as a member of the Board of Trustees for the State School for the Blind, was confirmed.

Senators Thibaudeau and Johnson spoke to the confirmation of Noel Nightingale as a member of the Board of Trustees for the State School for the Blind.

APPOINTMENT OF NOEL NIGHTINGALE

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 5; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, Wojahn and Zarelli - 43.

Absent: Senators Haugen, Loveland, Swecker, West and Winsley - 5.

Excused: Senator Sellar - 1.

SECOND READING

SENATE BILL NO. 5418, by Senators McAuliffe, Rasmussen, Patterson and Kohl-Welles (by request of Governor Locke, Superintendent of Public Instruction Bergeson and Commission on Student Learning)

Changing school accountability and assistance provisions.

MOTIONS

On motion of Senator McAuliffe, Substitute Senate Bill No. 5418 was substituted for Senate Bill No. 5418 and the substitute bill was placed on second reading and read the second time.

Senator Finkbeiner moved that the following amendments be considered simultaneously and be adopted:

On page 2, after line 20, insert the following:

"Sec. 201. RCW 28A.150.210 and 1993 c 336 s 101 are each amended to read as follows:

The goal of the Basic Education Act for the schools of the state of Washington set forth in this chapter shall be to provide students with the opportunity to become responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive and satisfying lives. To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for all students to develop the knowledge and skills essential to:

(1) Read with comprehension, write with skill, and communicate effectively and responsibly in a variety of ways and settings;

(2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history; and geography; ((arts; and health and fitness;))

(3) Think analytically, logically, and creatively, and to integrate experience and knowledge to form reasoned judgments and solve problems; and

(4) Understand the importance of work and how performance, effort, and decisions directly affect future career and educational opportunities."

Renumber the sections consecutively and correct any internal references accordingly.

On page 22, line 31, after "geography," strike "arts, health, fitness,"

POINT OF CLARIFICATION

Senator Goings: “A point of clarification, Mr. President. You may have spoken to this, but in the amendment stack and the amendments on page one that continues until the end of the page and then there is nothing and then there is a blank page and then there is kind of a second page and the amendments don’t seem to be continuous. Could you clarify that?”

REPLY BY THE PRESIDENT

President Owen: “If there is a blank page, from what I understand, that divides the amendments.”

Senator Goings: “There is no number on number two.”

President Owen: “Well, Senator Goings, let me take a whack at this. Evidently, when they copied it, when they ran it through the copier, if the back side of the amendment was blank, it produced a blank page. Then, you go on and some of the title amendments did not have a number on them and, therefore, they may not be numbered. Please ask if there appears to be any confusion. If we think there might be confusion, we will try to make sure that everyone understands exactly where we are going on it.”

Senator Goings: “Mr. President, it is my understanding that the amendments we are on, actually continue past the blank page onto page two which has an amendment at the top of the page.”

President Owen: “The amendment on the top of the other page is a title amendment and would have to be taken separately.”

Senator Goings: “Thank you, Mr. President.”

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Finkbeiner on page 2, after line 20, and page 22, line 31, to Substitute Senate Bill No. 5413.

The motion by Senator Finkbeiner failed on a rising vote and the amendments were not adopted.

MOTION

Senator Horn moved that the following amendment by Senators Horn and Finkbeiner be adopted:

On page 6, after line 14, insert the following:

"Sec. 401. RCW 28A.150.260 and 1997 c 13 s 1 are each amended to read as follows:

The basic education allocation for each annual average full-time equivalent student shall be determined in accordance with the following procedures:

(a) Certificated instructional staff and their related costs;

(b) Certificated administrative staff and their related costs;

(d) Nonsalary costs;

(e) Extraordinary costs of remote and necessary schools and small high schools, including costs of additional certificated and classified staff; and

(f) The attendance of students pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district.

(b) The formula adopted by the legislature shall reflect the following ratios at a minimum:

(i) Forty-nine certificated instructional staff to one thousand annual average full-time equivalent students enrolled in grades kindergarten through three;

(iii) Forty-six certificated instructional staff to one thousand annual average full-time equivalent students in grades seven through twelve;

(iv) Four certificated administrative staff to one thousand annual average full-time equivalent students in grades kindergarten through twelve; and

(((iv))) (v) Sixteen and sixty-seven one-hundredths classified personnel to one thousand annual average full-time equivalent students enrolled in grades kindergarten through twelve.

Sec. 402. RCW 28A.150.260 and 1997 c 13 s 2 are each amended to read as follows:

The basic education allocation for each annual average full-time equivalent student shall be determined in accordance with the following procedures:

(a) Certificated instructional staff and their related costs;

(b) Certificated administrative staff and their related costs;

(d) Nonsalary costs;

(e) Extraordinary costs of remote and necessary schools and small high schools, including costs of additional certificated and classified staff; and

(f) The attendance of students pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district.

(b) The formula adopted by the legislature shall reflect the following ratios at a minimum:

(i) Forty-nine certificated instructional staff to one thousand annual average full-time equivalent students enrolled in grades kindergarten through three;

(iii) Forty-six certificated instructional staff to one thousand annual average full-time equivalent students in grades seven through twelve;

(iv) Four certificated administrative staff to one thousand annual average full-time equivalent students in grades kindergarten through twelve; and

(((iv))) (v) Sixteen and sixty-seven one-hundredths classified personnel to one thousand annual average full-time equivalent students enrolled in grades kindergarten through twelve.

NEW SECTION. Sec. 403. The sum of ninety-two million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2001, from the general fund to the office of the superintendent of public instruction for the purposes of sections 401 and 402 of this act.

NEW SECTION. Sec. 404. Section 401 of this act takes effect September 1, 1999.

NEW SECTION. Sec. 405. Section 402 of this act takes effect September 1, 2000. However, section 402 of this act shall not take effect if, by September 1, 2000, a law is enacted stating that a school accountability and academic assessment system is not in place."

Renumber the remaining sections consecutively and correct any internal references accordingly.

Debate ensued.

POINT OF INQUIRY

Senator Patterson: “Senator Finkbeiner, you just now stated that you thought that we should support this amendment, because it would result in us putting money in the classroom, as opposed to the money going into associations, meeting groups, and clubs. My specific question is could you give me an example of where it is the money could go, what associations, what meeting group and what club are you referring to that the money could go to if we don’t pass this amendment?”

Senator Finkbeiner: “Thank you, Senator Patterson. I appreciate you asking me that question. The underlying bill does deal with accountability and also creates a new accountability task force and several new groups that are going to be here in Olympia focused on maintaining accountability and setting accountability standards for our classes. It also deals with the whole education reform process, which has, in my mind, and as a supporter of education reform and somebody who wants to see it go forward, has moved from kind of setting high standards to all of our-- acronym and alphabet soup acronyms that have become associated and parade everyday in front of our Education Committee. These are organizations that the people never see--they don’t see them teaching their children, they don’t see them in the classroom everyday. This bill, I think, in its depth--it is almost an inch thick--is going to create new--some of those are good--but I think tempered and balanced with class size reduction, would make it even better.”

The President declared the question before the Senate to be the adoption of the amendment by Senators Horn and Finkbeiner on page 6, after line 14, to Substitute Senate Bill No. 5418.

The motion by Senator Horn failed and the amendment was not adopted.

MOTION

Senator Finkbeiner moved that the following amendment be adopted:

On page 7, after line 11, insert the following:

"(5) Funding under this section shall not become part of the state's basic program of education obligation as set forth under Article IX of the state Constitution."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Finkbeiner on page 7, after line 11, to Substitute Senate Bill No. 5418.

The motion by Senator Finkbeiner failed and the amendment was not adopted.

MOTION

Senator Hochstatter moved that the following amendment be adopted:

On page 10, after line 17, insert the following:

"STATE ASSISTANCE TO STUDENTS

NEW SECTION. Sec. 601. A new section is added to chapter 28A.300 RCW to read as follows:

To assist high school students to meet the standards set in civics at the high school level, the superintendent of public instruction shall provide each high school student with a copy of Our Constitution and What it Means, by William Kottmeyer and Thomas F. Eagleton, prior to the student studying the Constitution of the United States and the Washington state Constitution.

PART 7"

Renumber the remaining parts and sections consecutively and correct any internal references accordingly.

POINT OF INQUIRY

Senator Goings: “Senator McAuliffe, I am wondering as Chair of the Education Committee, if you are familiar that within the Basic Education Act, do we mandate a particular book? Would this be something that is normal or is this something that has not been done before within the State’s Basic Education Act?”

Senator McAuliffe: “Senator Goings, to my knowledge, there is no other book that is mandated that is placed in the hands of our children. It is a local decision and presently the United States Constitution is included in our Civic’s Class in the United States History book.”

Further debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Hochstatter on page 10, after line 17, to Substitute Senate Bill No. 5418.

The motion by Senator Hochstatter failed and the amendment was not adopted.

MOTION

Senator Stevens moved that the following amendment be adopted:

On page 10, after line 17, insert the following:

"PROVIDING STATE ASSISTANCE TO SCHOOLS AND HIGHLY CAPABLE STUDENTS

NEW SECTION. Sec. 601. The legislature intends to provide assistance to enhance the ability of basic education teachers to address the needs and expectations of highly capable students in public schools. The legislature further intends to stimulate development by local schools and school districts of innovative and effective means of serving highly capable students. The purpose of this act is to increase the achievement of highly capable students by requiring programs for highly capable students in basic education and providing funding for such programs in all school districts in the state.

Sec. 602. RCW 28A.185.020 and 1990 c 33 s 168 are each amended to read as follows:

((Supplementary)) Funds ((as may)) shall be provided by the state for ((this)) programs for highly capable students, in accordance with RCW 28A.150.370, and shall be categorical funding on an excess cost basis based upon a per student amount not to exceed three percent of any district's full-time equivalent enrollment.

Sec. 603. RCW 28A.185.030 and 1984 c 278 s 13 are each amended to read as follows:

Local school districts ((may)) shall establish and operate, either separately or jointly, programs for highly capable students. Such authority shall include the right to employ and pay special instructors and to operate such programs jointly with a public institution of higher education. Local school districts ((which establish and operate programs for highly capable students)) shall adopt identification procedures and provide educational opportunities as follows:

(1) In accordance with rules ((and regulations)) adopted by the superintendent of public instruction, school districts shall implement procedures for nomination, assessment and selection of their most highly capable students. Nominations shall be based upon data from teachers, other staff, parents, students, and members of the community. Assessment shall be based upon a review of each student's capability as shown by multiple criteria intended to reveal, from a wide variety of sources and data, each student's unique needs and capabilities. Selection shall be made by a broadly based committee of professionals, after consideration of the results of the multiple criteria assessment.

(2) Students selected pursuant to procedures outlined in this section shall be provided, to the extent feasible, an educational opportunity which takes into account each student's unique needs and capabilities and the limits of the resources and program options available to the district, including those options which can be developed or provided by using funds allocated by the superintendent of public instruction for that purpose.

PART VII"

Renumber the remaining parts and sections consecutively and correct any internal references accordingly.

Debate ensued.

CALL FOR THE PREVIOUS QUESTION

Senators Snyder, Prentice, Wojahn called for the previous question and the demand was sustained.

Senator Finkbeiner demanded a roll call and the demand was sustained.

MOTION

On motion of Senator Hale, Senator McCaslin was excused.

The President declared the question before the Senate to be the roll call on shall the main question be now put.

ROLL CALL

The Secretary called the roll and the demand for the previous question carried by the following vote: Yeas, 28; Nays, 19; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 28.

Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Long, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 19.

Excused: Senators McCaslin and Sellar - 2.

Senator Stevens closed debate on the amendment on page 10, after line 7, to Substitute Senate Bill No. 5418.

Senator Johnson demanded a roll call and the demand was sustained.

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Stevens on page 10, after line 17, to Substitute Senate Bill No. 5418.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1. Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Patterson, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 23.

Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 25.

Excused: Senator Sellar - 1.

MOTION

Senator Finkbeiner moved that the following amendment by Senators Finkbeiner, Zarelli, McDonald and Johnson be adopted:

On page 21, after line 29, insert the following:

"RECOGNITION AND ASSISTANCE FOR TEACHERS

NEW SECTION. Sec. 701. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--BASIC EDUCATION CERTIFICATED INSTRUCTIONAL STAFF COMPENSATION. (1) Salary allocations for certificated instructional staff units shall be determined for each district by multiplying the district's certificated instructional derived base salary shown on LEAP Document 12E, by the district's average staff mix factor for basic education and special education certificated instructional staff in that school year, computed using LEAP Document 1B.

(2) For the purposes of this section:

(a) "Basic education certificated instructional staff" is defined as provided in RCW 28A.150.100 and "special education certificated staff" means staff assigned to the state-supported special education program pursuant to chapter 28A.123

55 RCW in positions requiring a certificate;

(b) "LEAP Document 1B" means the computerized tabulation establishing staff mix factors for certificated instructional staff according to education and years of experience, as developed by the legislative evaluation and accountability program committee on January 25, 1999, at 15:45 hours; and

(c) "LEAP Document 12E" means the computerized tabulation of 1999-00 and 2000-01 school year salary allocations for derived base salaries for certificated instructional staff as developed by the legislative evaluation and accountability program committee on January 25, 1999, at 16:25 hours.

(3) Incremental fringe benefit factors shall be applied to salary adjustments at a rate of 16.22 percent for certificated staff and 12.20 percent for classified staff for both years of the biennium.

(4)(a) Pursuant to RCW 28A.150.410, the following state-wide salary allocation schedules for certificated instructional staff are established for basic education salary allocations:

STATE-WIDE SALARY ALLOCATION SCHEDULE

FOR THE 1999-00 SCHOOL YEAR

Years of

Service BA BA+15 BA+30 BA+45 BA+90

0 26,002 26,704 27,432 28,161 30,501

1 26,610 27,329 28,073 28,842 31,229

2 27,220 27,954 28,713 29,549 31,954

3 27,855 28,605 29,379 30,253 32,677

4 28,222 29,004 29,784 30,688 33,129

5 28,595 29,381 30,169 31,122 33,556

6 28,969 29,738 30,554 31,555 33,977

7 29,915 30,703 31,538 32,604 35,086

8 30,568 31,391 32,238 33,381 35,872

9 32,420 33,307 34,492 37,041

10 34,390 35,659 38,243

11 36,861 39,502

12 38,025 40,793

13 42,117

14 43,448

15 44,578

Years of MA+90

Service BA+135 MA MA+45 or PHD

0 32,009 31,175 33,515 35,023

1 32,743 31,830 34,217 35,731

2 33,499 32,509 34,914 36,458

3 34,276 33,185 35,610 37,208

4 34,741 33,565 36,006 37,618

5 35,200 33,945 36,378 38,023

6 35,630 34,323 36,745 38,398

7 36,802 35,373 37,854 39,571

8 37,633 36,121 38,613 40,374

9 38,862 37,231 39,782 41,603

10 40,124 38,400 40,983 42,865

11 41,421 39,602 42,242 44,162

12 42,771 40,852 43,534 45,511

13 44,153 42,144 44,858 46,894

14 45,588 43,476 46,275 48,329

15 46,773 44,606 47,478 49,585

STATE-WIDE SALARY ALLOCATION SCHEDULE

FOR THE 2000-01 SCHOOL YEAR

Years of

Service BA BA+15 BA+30 BA+45 BA+90

0 26,782 27,506 28,255 29,005 31,416

1 27,408 28,149 28,916 29,708 32,166

2 28,036 28,792 29,574 30,436 32,912

3 28,691 29,463 30,260 31,161 33,658

4 29,068 29,874 30,678 31,608 34,123

5 29,453 30,263 31,074 32,056 34,562

6 29,839 30,631 31,470 32,502 34,996

7 30,812 31,624 32,484 33,582 36,139

8 31,485 32,333 33,205 34,382 36,948

9 33,392 34,307 35,526 38,152

10 35,422 36,729 39,390

11 37,967 40,687

12 39,166 42,017

13 43,380

14 44,751

15 45,915

Years of MA+90

Service BA+135 MA MA+45 or PHD

0 32,969 32,110 34,521 36,074

1 33,725 32,785 35,243 36,802

2 34,504 33,484 35,961 37,552

3 35,304 34,181 36,678 38,325

4 35,783 34,572 37,087 38,747

5 36,256 34,963 37,470 39,164

6 36,699 35,353 37,847 39,550

7 37,906 36,434 38,990 40,758

8 38,762 37,205 39,771 41,585

9 40,028 38,348 40,975 42,851

10 41,328 39,552 42,213 44,151

11 42,663 40,790 43,510 45,487

12 44,054 42,078 44,840 46,877

13 45,478 43,408 46,204 48,301

14 46,956 44,780 47,663 49,779

15 48,177 45,944 48,902 51,073

(b) As used in this subsection, the column headings "BA+(N)" refer to the number of credits earned since receiving the baccalaureate degree.

(c) For credits earned after the baccalaureate degree but before the masters degree, any credits in excess of forty-five credits may be counted after the masters degree. Thus, as used in this subsection, the column headings "MA+(N)" refer to the total of:

(i) Credits earned since receiving the masters degree; and

(ii) Any credits in excess of forty-five credits that were earned after the baccalaureate degree but before the masters degree.

(5) For the purposes of this section:

(a) "BA" means a baccalaureate degree;

(b) "MA" means a masters degree;

(d) "Years of service" shall be calculated under the same rules adopted by the superintendent of public instruction;

(e) "Credits" means college quarter-hour credits and equivalent in-service credits computed in accordance with RCW 28A.415.020 and chapter 90, Laws of 1997.

(6) No more than ninety college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in this act, or any replacement schedules and documents, unless:

(a) The employee has a masters degree; or

(b) The credits were used in generating state salary allocations before January 1, 1992.

(7) The salary allocation schedules established in this section are for allocation purposes only except as provided in RCW 28A.400.200(2).

NEW SECTION. Sec. 702. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR CERTIFICATED INSTRUCTIONAL STAFF COMPENSATION ADJUSTMENTS

General Fund--State Appropriation (FY 2000). . . . . . . . . . . . . . . . . . . .$ 82,999,000

General Fund--State Appropriation (FY 2001). . . . . . . . . . . . . . . . . . . .$ 165,599,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ 248,598,000

The appropriations in this section are subject to the following conditions and limitations:

(1) $193,193,000 is provided for a cost-of-living adjustment of 3.0 percent effective September 1, 1999, and another 3.0 percent effective September 1, 2000, for state formula certificated instructional staff units. The appropriations include associated incremental fringe benefit allocations at rates of 16.22 percent. The appropriations in this section include the increased portion of salaries and incremental fringe benefits for all relevant state-funded school programs.

(2) $55,405,000 is provided to adjust the salary allocation schedule to provide for salary increases for staff in the first eight rows of the salary schedule as reflected in the salary schedules contained in section 701 of this act. The appropriations in this section include the increased portion of salaries and incremental fringe benefits for all relevant state-funded school programs.

NEW SECTION. Sec. 703. Sections 701 and 702 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 1999.

PART 8"

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POINT OF INQUIRY

Senator McAuliffe: “Senator Finkbeiner, did the Chair of the Education Committee give you a paper that asked you for input or take out of this bill, so you had the opportunity to work on this bill at an earlier time?”

Senator Finkbeiner: “That is correct. At one point in time, my input was listed in this bill, but most of my input was not taken, so I think either way that really doesn’t speak to this amendment one way or the other. What we are talking about here is whether or not we should increase pay of teachers’ salaries. That is what this amendment would do. If that is not a good idea, then vote against it. If you think the teachers deserve more, especially if first year teachers deserve up to a sixteen percent raise, then I would suggest that you vote for it.” Further debate ensued.

POINT OF ORDER

Senator Benton: “A point of order, Mr. President. I believe that my integrity has been impugned. I have always been a friend of teachers and consider myself so and always have considered myself so. I don’t appreciate the indication that myself or my colleagues have not been friends of teachers.”

REPLY BY THE PRESIDENT

President Owen: “Senator Kline, the President would appreciate it if you would be careful where you tread.”

Senator Kline: “Certainly.”

Further debate ensued.

POINT OF ORDER

Senator Goings: “Mr. President, I rise to a point of order. I submit that this amendment proposed to Substitute Senate Bill No. 5418, the amendment by Senators Finkbeiner, Zarelli, McDonald and Johnson on page 21, line 29, changes the scope and object of Substitute Senate Bill No. 5418 and therefore violates Senate Rule 66. The underlying bill, and I know the title does not have a lot to do with it, but changes school accountability and the assistance program.

“Specifically, Substitute Senate Bill No. 5418 creates a commission of academic achievement and talks about teaching goals and the Commission on Student Learning and the Certificate of Mastery Program. This bill does not deal with teacher pay. Therefore, the amendment as proposed is out of the scope and object of the underlying bill.”

Further debate ensued.

PARLIAMENTARY INQUIRY

Senator McCaslin: “A parliamentary inquiry, Mr. President. Senator Goings said it changes the scope. Does it change the scope or does it expand the scope and object of a bill?”

REPLY BY THE PRESIDENT

President Owen: “The rule says, I believe--we’ll look at that and see.”

Senator McCaslin: “Thank you.”

MOTION

On motion of Senator Betti Sheldon, further consideration of the amendment by Senators Finkbeiner, Zarelli, McDonald and Johnson on page 21, line 29, to Substitute Senate Bill No. 5814 was deferred.

MOTION

Senator Benton moved that the following amendment be adopted:

On page 21, after line 29, insert the following:

"RECOGNITION OF STUDENTS IN HONORS AND ADVANCED PLACEMENT CLASSES

Sec. 701. RCW 28A.305.220 and 1984 c 178 s 1 are each amended to read as follows:

(1) The state board of education shall develop for use by all public school districts a standardized high school transcript. The state board of education shall establish clear definitions for the terms "credits" and "hours" so that school programs operating on the quarter, semester, or trimester system can be compared.

(2) When determining standardized grade points under subsection (1) of this section, the state board of education shall adopt a weighting system for grades earned in honors and advanced placement classes to provide recognition for students participating in those classes.

(3) Transcripts are important documents to students who will apply for admission to postsecondary institutions of higher education. Transcripts are also important to students who will seek employment upon or prior to graduation from high school. It is recognized that student transcripts may be the only record available to employers in their decision-making processes regarding prospective employees. The superintendent of public instruction shall require school districts to inform annually all high school students that prospective employers may request to see transcripts and that the prospective employee's decision to release transcripts can be an important part of the process of applying for employment.

PART 8"

Renumber the remaining parts and sections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 21, after line 29, to Substitute Senate Bill No. 5418.

The motion by Senator Benton failed on a rising vote and the amendment was not adopted.

MOTION

Senator Benton moved that the following amendment be adopted:

On page 21, after line 29, insert the following:

"RECOGNITION OF ACHIEVEMENT BY BEGINNING MATH AND SCIENCE TEACHERS

Sec. 701. RCW 28A.400.200 and 1997 c 141 s 2 are each amended to read as follows:

(1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section.

(2)(a)(i) Salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the state-wide salary allocation schedule for an employee with a baccalaureate degree and zero years of service((; and)).

(ii) For certificated instructional staff hired with zero years of service specifically assigned to teaching duties that include the subjects of math or science or both and at least a 3.5 grade point average at the time of their graduation from a college or university, there shall be a five thousand dollar bonus paid as follows: Two thousand dollars upon completion of the first year of teaching; one thousand dollars upon completion of the second year of teaching; one thousand dollars upon completion of the third year of teaching; and one thousand dollars upon completion of the fourth year of teaching.

(b) Salaries for certificated instructional staff with a master's degree shall not be less than the salary provided in the appropriations act in the state-wide salary allocation schedule for an employee with a master's degree and zero years of service((;)).

(3)(a) The actual average salary paid to basic education and special education certificated instructional staff shall not exceed the district's average basic education and special education program certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410.

(b) Fringe benefit contributions for basic education and special education certificated instructional staff shall be included as salary under (a) of this subsection only to the extent that the district's actual average benefit contribution exceeds the amount of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210; employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system; or employer contributions for health benefits in excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. A school district may not use state funds to provide employer contributions for such excess health benefits.

(c) Salary and benefits for certificated instructional staff in programs other than basic education and special education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education and special education programs.

(4) Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, additional responsibilities, or incentives. Supplemental contracts shall not cause the state to incur any present or future funding obligation. Supplemental contracts shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the provisions of RCW 28A.405.240, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.405.300 through 28A.405.380. No district may enter into a supplemental contract under this subsection for the provision of services which are a part of the basic education program required by Article IX, section 3 of the state Constitution.

(5) Employee benefit plans offered by any district shall comply with RCW 28A.400.350 and 28A.400.275 and 28A.400.280.

PART 8"

Renumber the remaining parts and sections consecutively and correct any internal references accordingly.

POINT OF ORDER

Senator McAuliffe: “Thank you, Mr. President. I rise to a point of order. I submit that the amendment proposed by Senator Benton on page 21, line 29, changes the scope and object of Substitute Senate Bill No. 5814 and, therefore, violates Rule 66. The underlying bill relates to K-12 accountability. As stated in the previous objection, this is a salary bill that talks about salaries for math and science teachers, so I believe it is not within the scope and object of this bill--as well as the previous scope.”

Debate ensued.

MOTION

On motion of Senator Betti Sheldon, further consideration Substitute Senate Bill No. 5418 was deferred.

SECOND READING

SENATE BILL NO. 5825, by Senator McAuliffe (by request of Commission on Student Learning and Superintendent of Public Instruction Bergeson)

Changing student assessments.

MOTIONS

On motion of Senator Eide, Second Substitute Senate Bill No. 5825 was substituted for Senate Bill No. 5825 and the second substitute bill was placed on second reading and read the second time.

Senator Finkbeiner moved that the following amendment be adopted:

On page 4, line 2, after "grade" strike "three" and insert "((three)) four

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Finkbeiner on page 4, line 2, to Second Substitute Senate Bill No. 5825.

The motion by Senator Finkbeiner failed and the amendment was not adopted.

MOTION

Senator Zarelli moved that the following amendments be considered simultaneously and be adopted:

On page 4, line 2, after "grade" strike "three" and insert "((three)) four"

On page 4, line 24, after "grade" strike "six" and insert "seven"

On page 5, line 8, after "((eighth))" strike "ninth" and insert "tenth"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Zarelli on page 4, lines 2 and 24, and page 5, line 8, to Second Substitute Senate Bill No. 5825.

The motion by Senator Zarelli failed on a rising vote and the amendments were not adopted.

MOTION

Senator Finkbeiner moved that the following amendments be considered simultaneously and be adopted:

On page 4, line 4, strike "To the extent possible, the basic skills measured in the test shall be consistent with the basic skill essential academic learning requirements adopted under RCW 28A.630.885."

On page 4, line 26, strike "To the extent possible, the basic skills measured in the test shall be consistent with the basic skill essential academic learning requirements adopted under RCW 28A.630.885."

On page 5, line 15, strike "To the extent possible, the basic skills and reasoning and thinking skills measured in the assessment shall be consistent with the basic skill and reasoning and thinking skills essential academic learning requirements adopted under RCW 28A.630.885."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Finkbeiner on page 4, lines 4 and line 26, and page 5, line 15, to Second Substitute Senate Bill No. 5825.

The motion by Senator Finkbeiner carried and the amendments were adopted.

MOTION

Senator Finkbeiner moved that the following amendments be considered simultaneously and be adopted:

On page 5, after line 37 insert the following:

"Sec. 501. RCW 28A.150.210 and 1993 c 336 s 101 are each amended to read as follows:

(1) Read with comprehension, write with skill, and communicate effectively and responsibly in a variety of ways and settings;

(2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history; and geography; ((arts; and health and fitness;))

(3) Think analytically, logically, and creatively, and to integrate experience and knowledge to form reasoned judgments and solve problems; and

(4) Understand the importance of work and how performance, effort, and decisions directly affect future career and educational opportunities.”

Renumber the sections consecutively and correct any internal references accordingly.

On page 8, after line 25, strike all material through "2007-08" on line 31

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Finkbeiner on page 5, after line 37, and page 8, after line 25, to Second Substitute Senate Bill No. 5825.

The motion by Senator Finkbeiner failed and the amendments were not adopted.

MOTIONS

On motion of Senator McAuliffe, the following amendment was adopted:

On page 14, after line 27, insert the following:

"NEW SECTION. Sec. 601. Part headings used in this act are not any part of the law."

Renumber the remaining sections consecutively and correct any internal references accordingly.

On motion of Senator McAuliffe, the following title amendment was adopted:

On page 1, line 3 of the title, after "28A.230 RCW;" insert "creating a new section;"

MOTION

On motion of Senator Eide, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5825 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5825.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5825 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 32.

Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McDonald, Roach, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 16.

Excused: Senator Sellar - 1.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5825, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

PERSONAL PRIVILEGE

Senator Deccio: “A point of personal privilege, Mr. President. Mr. President and ladies and gentlemen of the Senate, from time to time I will give you an update on the continuing saga of legislative salaries. I placed on your desk some information that was sent to me by Carol Sayer, the Director of the Salary Commission, showing the County Commissioners and Council Members salaries around the state. If you will notice in one county--we represent over one hundred thousand population--in one county, they represent ninety-eight hundred people. Their salaries are higher than ours are.

“There is one county of twenty-four hundred, where their salaries are almost twenty thousand a year. So, this is just another tidbit. I did receive an e-mail from a school teacher in my district, who said, ‘Considering that you work part time at your legislative job and have other occupations and/or other professions that provide income when you are not in session, you are asking for a salary exceeding that of professionals who, in most cases, have far more education and preparation for their jobs than state legislators.’ I called the school district and got the salary of that person, thinking that she was probably making around twenty-seven or twenty-eight thousand a year. She makes over forty-six thousand a year for a one hundred and eighty day contract.

“So, I guess what I am trying to say is, ‘It is still our fault; we aren’t telling people what we do. We aren’t telling people what we do during the interim.’ So from now on, when I go to a meeting, I am going to spend a little time talking about what we do, not just listen to what everybody else does and what they want. From time to time, I will offer you a little tidbit.”

President Pro Tempore Wojahn assumed the Chair.

SECOND READING

SENATE BILL NO. 5178, by Senators McAuliffe, Winsley and Rasmussen

Correcting references to the third grade standardized achievement test.

The bill was read the second time.

MOTION

On motion of Senator Eide, the rules were suspended, Senate Bill No. 5178 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5178.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5178 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

Absent: Senator Morton - 1.

Excused: Senator Sellar - 1.

SENATE BILL NO. 5178, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5988, by Senators McAuliffe, Eide, Long, Finkbeiner, Goings, Zarelli, Patterson, Hargrove, Gardner, Kline, Franklin, Kohl-Welles, B. Sheldon, Winsley and Rasmussen

Changing provisions relating to truancy.

MOTIONS

On motion of Senator Eide, Substitute Senate Bill No. 5988 was substituted for Senate Bill No. 5988 and the substitute bill was placed on second reading and read the second time.

Senator Finkbeiner moved that the following amendments be considered simultaneously and be adopted:

On page 1, after line 3, insert the following:

"Sec. 1. RCW 28A.225.010 and 1998 c 244 s 14 are each amended to read as follows:

(1) All parents in this state of any child eight years of age and under eighteen years of age shall cause such child to attend the public school of the district in which the child resides and such child shall have the responsibility to and therefore shall attend for the full time when such school may be in session unless:

(a) The child is attending an approved private school for the same time or is enrolled in an extension program as provided in RCW 28A.195.010(4);

(b) The child is receiving home-based instruction as provided in subsection (4) of this section;

(d) The school district superintendent of the district in which the child resides shall have excused such child from attendance because the child is physically or mentally unable to attend school, is attending a residential school operated by the department of social and health services, is incarcerated in an adult correctional facility, or has been temporarily excused upon the request of his or her parents for purposes agreed upon by the school authorities and the parent: PROVIDED, That such excused absences shall not be permitted if deemed to cause a serious adverse effect upon the student's educational progress: PROVIDED FURTHER, That students excused for such temporary absences may be claimed as full time equivalent students to the extent they would otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260 and shall not affect school district compliance with the provisions of RCW 28A.150.220; or

(e) The child is ((sixteen)) fifteen years of age or older and:

(i) The child is regularly and lawfully employed and either the parent agrees that the child should not be required to attend school or the child is emancipated in accordance with chapter 13.64 RCW;

(ii) The child has already met graduation requirements in accordance with state board of education rules and regulations; or

(iii) The child has received a certificate of educational competence under rules and regulations established by the state board of education under RCW 28A.305.190.

(2) A parent for the purpose of this chapter means a parent, guardian, or person having legal custody of a child.

(3) An approved private school for the purposes of this chapter and chapter 28A.200 RCW shall be one approved under regulations established by the state board of education pursuant to RCW 28A.305.130.

(4) For the purposes of this chapter and chapter 28A.200 RCW, instruction shall be home-based if it consists of planned and supervised instructional and related educational activities, including a curriculum and instruction in the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of an appreciation of art and music, provided for a number of hours equivalent to the total annual program hours per grade level established for approved private schools under RCW 28A.195.010 and 28A.195.040 and if such activities are:

(a) Provided by a parent who is instructing his or her child only and are supervised by a certificated person. A certificated person for purposes of this chapter and chapter 28A.200 RCW shall be a person certified under chapter 28A.410 RCW. For purposes of this section, "supervised by a certificated person" means: The planning by the certificated person and the parent of objectives consistent with this subsection; a minimum each month of an average of one contact hour per week with the child being supervised by the certificated person; and evaluation of such child's progress by the certificated person. The number of children supervised by the certificated person shall not exceed thirty for purposes of this subsection; or

(b) Provided by a parent who is instructing his or her child only and who has either earned forty-five college level quarter credit hours or its equivalent in semester hours or has completed a course in home-based instruction at a postsecondary institution or a vocational-technical institute; or

(c) Provided by a parent who is deemed sufficiently qualified to provide home-based instruction by the superintendent of the local school district in which the child resides.

(5) The legislature recognizes that home-based instruction is less structured and more experiential than the instruction normally provided in a classroom setting. Therefore, the provisions of subsection (4) of this section relating to the nature and quantity of instructional and related educational activities shall be liberally construed."

Renumber the remaining sections consecutively and correct any internal references accordingly.

On page 4, after line 2, insert the following:

"NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senator Finkbeiner on page 1, after line 3, and page 4, after line 2, to Substitute Senate Bill No 5988.

The motion by Senator Finkbeiner carried and the amendments were adopted.

MOTIONS

On motion of Senator Hargrove, the following title amendment was adopted:

On page 1, line 2 of the title, after "RCW" strike "28A.225.030" and insert "28A.225.010, 28A.225.030,"

On motion of Senator McAuliffe, the rules were suspended, Engrossed Substitute Senate Bill No. 5988 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5988.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5988 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

Voting nay: Senator Swecker - 1.

Excused: Senator Sellar - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5988, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE JOINT RESOLUTION NO. 8206, by Senators Bauer, McCaslin, Snyder, Loveland and McAuliffe (by request of State Treasurer Murphy)

Guaranteeing school district debt.

The joint resolution was read the second time.

MOTION

On motion of Senator Bauer, the rules were suspended, Senate Joint Resolution No. 8206 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Joint Resolution No. 8206.

ROLL CALL

The Secretary called the roll on the final passage of Senate Joint Resolution No. 8206 and the joint resolution passed the Senate by the following vote: Yeas, 38; Nays, 10; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 38.

Voting nay: Senators Benton, Heavey, Hochstatter, Johnson, Morton, Roach, Sheldon, T., Stevens, Swecker and Zarelli - 10.

Excused: Senator Sellar - 1.

SENATE JOINT RESOLUTION NO. 8206, having received the constitutional majority, was declared passed.

SECOND READING

SENATE BILL NO. 5345, by Senators Bauer, McCaslin, Snyder, Loveland, McAuliffe, Winsley and Oke (by request of State Treasurer Murphy)

Creating the school district credit enhancement program.

MOTIONS

On motion of Senator Bauer, Second Substitute Senate Bill No. 5345 was substituted for Senate Bill No. 5345 and the second substitute bill was placed on second reading and read the second time.

MOTION

Senator West moved that the following amendments be considered simultaneously and be adopted:

On page 3, line 31, after "chapter" strike ", including the establishment of a reserve for funding the state's payment of principal and interest on bonds"

On page 6, beginning on line 1, strike all of sections 9 and 10.

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senator West on page 3, line 31, and page 6, beginning on line 1, to Second Substitute Senate Bill No. 5345.

The motion by Senator West carried and the amendments were adopted.

MOTIONS

On motion of Senator Bauer, the following title amendment was adopted:

On page 1, line 2 of the title, after "RCW" delete "43.79A.040 and"

On motion of Senator Bauer, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5345 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5345.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5345 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 39.

Voting nay: Senators Benton, Heavey, Hochstatter, Johnson, Sheldon, T., Stevens, Swecker and Zarelli - 8.

Absent: Senator Prentice - 1.

Excused: Senator Sellar - 1.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5345, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5567, by Senators Hale and Snyder

Using federal funds to reduce the outstanding debt of school districts within counties.

The bill was read the second time.

MOTION

On motion of Senator Hale, the rules were suspended, Senate Bill No. 5567 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5567.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5567 and the bill passed the Senate by the following vote:

Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

Absent: Senator Prentice - 1.

Excused: Senator Sellar - 1.

SENATE BILL NO. 5567, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE JOINT RESOLUTION NO. 8204, by Senator McAuliffe, Winsley, Goings, Eide, Brown, Wojahn, Thibaudeau, Kohl-Welles, Patterson and Kline (by request of Superintendent of Public Instruction Bergeson)

Amending the Constitution to provide for a simple majority of voters voting to authorize school district levies.

The joint resolution was read the second time.

MOTION

Senator Oke moved that the following amendments be considered simultaneously and be adopted:

On page 2, line 25, after "authorized" insert "only at a general election"

On page 3, line 10, after "authorized" insert "only at a general election"

On page 3, line 30, after "majority" strike "vote" and insert "of the voters voting on the proposition at a general election"

POINT OF INQUIRY

Senator Heavey: “Senator Oke, I didn’t hear you explain what your amendments do.”

Senator Oke: “The amendments would require each year only to have levy and bond issues in November at the general election time--once a year. Yes, that can make it difficult, because in past years, we really have played games with this issue--running a levy in February and then if it fails, we reduce it and we run it again in March and everytime we run a levy, we are spending forty or fifty thousand dollars to run that levy. When there is a failure, there is a failure throughout our community and that is why I really feel strongly that these amendments pass. I want to see the people in the state of Washington have a vote over this issue. We’ve not had a vote since 1944 and it is time the people had a vote.”

Further debate ensued.

The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senator Oke on page 2, line 25; page 3, line 10; and page 3, line 30; to Senate Joint Resolution No. 8204.

The motion by Senator Oke failed and the amendments were not adopted.

MOTIONS

On motion of Senator Snyder, the rules were suspended, Senate Joint Resolution No. 8204 was advanced to third reading, the second reading considered the third and the joint resolution was placed on final passage.

Debate ensued.

CALL FOR THE PREVIOUS QUESTION

Senators Thibaudeau, Kohl-Welles and Goings called for the previous question and the demand was sustained.

The President Pro Tempore declared the question before the Senate to be shall the main question be now put.

The motion carried and the demand for the previous question carried.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Joint Resolution No. 8204.

ROLL CALL

The Secretary called the roll on the final passage of Senate Joint Resolution No. 8204 and the joint resolution failed to receive the constitutional two-thirds majority by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Morton, Patterson, Prentice, Rasmussen, Sellar, Sheldon, B., Shin, Spanel, Thibaudeau, Winsley and Wojahn - 25.

Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Oke, Roach, Rossi, Sheahan, Sheldon, T., Snyder, Stevens, Swecker, West and Zarelli - 24.

SENATE JOINT RESOLUTION NO. 8204, having failed to receive the constitutional two-thirds majority, was declared lost.

NOTICE FOR RECONSIDERATION

Having voted on the prevailing side, Senator Snyder served notice that he would move to reconsider the vote by which Senate Joint Resolution No. 8204 failed to pass the Senate.

President Owen assumed the Chair.

There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5418 and the pending amendment by Senators Finkbeiner, Zarelli, McDonald and Johnson on page 21, after line 29, and the pending amendment by Senator Benton on page 21, after line 29, deferred earlier today.

RULING BY THE PRESIDENT

President Owen: “In ruling upon the point of order raised by Senator Goings to the scope and object of the amendment by Senators Finkbeiner, Zarelli, McDonald and Johnson on page 21, after line 29, the President finds that Substitute Senate Bill No. 5418 is a measure which makes changes to statutes relating to school accountability, assessment and specified assistance within the education reform system, including (1) creating a new commission to provide oversight for school accountability; (2) providing for the allocation of available funds for staff time to develop student learning improvement plans; (3) transferring the duties of the Commission on Student Learning to the Office of the Superintendent of Public Instruction; (4) requiring school districts to report assessment results; and (5) establishing a “helping corps” to provide school improvement based on assessments.

“The amendment by Senators Finkbeiner, Zarelli, McDonald and Johnson would provide an across the board salary increase for teachers, with a larger increase for beginning teachers. The amendment does not address accountability, assessment or the kind of specific assistance related to the education reform system that is provided within the bill.

“The President, therefore, finds that the amendment does change the scope and object of the bill and the point of order is well taken.”

The amendment by Senators Finkbeiner, Zarelli, McDonald and Johnson on page 21, after line 29, to Substitute Senate Bill No. 5814 was ruled out of order.

RULING BY THE PRESIDENT

President Owen: “In ruling upon the point of order raised by Senator McAuliffe to the scope and object of the amendment by Senator Benton on page 21, after line 29, the President finds that Substitute Senate Bill No. 5418 is a measure which makes changes to statutes relating to school accountability, assessment and specified assistance within the education reform system, including (1) creating a new commission to provide oversight for school accountability; (2) providing for the allocation of available funds for staff time to develop student learning improvement plans; (3) transferring the duties of the Commission on Student Learning to the Office of the Superintendent of Public Instruction; (4) requiring school districts to report assessment results; and (5) establishing a “helping corps” to provide school improvement based on assessments.

“The amendment by Senator Benton would provide a bonus to beginning math and science teachers who achieve at least a 3.5 grade point average in undergraduate school. The amendment does not address accountability, assessment or the kind of specific assistance related to the education reform system that is provided within the bill.

“The President, therefore, finds that the amendment does change the scope and object of the bill and the point of order is well taken.”

The amendment by Senator Benton on page 21, after line 29, to Substitute Senate Bill No. 5814 was ruled out of order.

MOTION

On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 5418 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5418.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5418 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 18; Absent, 0; Excused, 0.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 31.

Voting nay: Senators Benton, Deccio, Finkbeiner, Hochstatter, Honeyford, Horn, Johnson, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, Swecker, West and Zarelli - 18.

SUBSTITUTE SENATE BILL NO. 5418, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

PARLIAMENTARY INQUIRY

Senator Benton: “A point of parliamentary inquiry, Mr. President. Earlier today, the gentleman from the Forty-eight District rose to give notice of reconsideration of Substitute Senate Bill No. 5232. According to Rule 37, the rules of the Senate, it states, ‘Any member who voted with the prevailing side may give notice of reconsideration.’ According to the official roll call vote, Substitute Senate Bill No. 5232 did not receive a constitutional majority. However, the ‘yeas’ were, in fact, the prevailing side, even though a constitutional majority was not achieved. Therefore, I would ask the President to consider this parliamentary question as to whether or not the Senator from the Forty-eighth would be considered a member of the prevailing side.”

REPLY BY THE PRESIDENT

President Owen: “Senator Benton, the prevailing side is the side that prevailed and the side that prevailed is the side that lost. I mean the bill went down. They won, because the bill lost. Therefore, the ‘no’s’ prevailed. That is as clear as mud.”

MOTION

On motion of Senator Snyder, the Senate advanced to the ninth order of business.

MOTION

Senator Johnson moved to invoke Rule 48 and that the Committee on Ways and Means be relieved of further consideration of Senate Bill No. 5905 and the Committee on Education be relieved of further consideration of Senate Bill No. 5635 and the rules be suspended and both bills be placed on the second reading calendar.

EDITOR’S NOTE: Rule 48 states, ‘Any standing committee of the senate may be relieved of further consideration of any bill, regardless of prior action of the committee, by a majority vote of the senators elected or appointed. The senate may then make such orderly disposition of the bill as they may direct by a majority vote of the members of the senate.’

MOTION

At 5:12 p.m., on motion of Senator Snyder, the Senate adjourned until 8:30 a.m., Thursday, March 11, 1999.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate