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SIXTY-SIXTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, March 17, 1999
The Senate was called to order at 8:30 a.m. by President Pro Tempore Wojahn. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Brown, Horn, McDonald, Sellar and West. On motion of Senator Deccio, Senators Horn, Sellar and West were excused. On motion of Senator Honeyford, Senator McDonald was excused. On motion of Senator Franklin, Senator Brown was excused.
The Sergeant at Arms Color Guard consisting of Pages Tim Hammond and Will Judkins, presented the Colors. Reverend R. J. Thompson, from the Pro Youth Ministries of Vancouver, Washington, 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.
PERSONAL PRIVILEGE
Senator Zarelli: “A point of personal privilege, Madam President. Today we are blessed to have a pastor from my area--down in the Vancouver area--and I would like to ask you to join me in recognizing the efforts of this man. For twenty-five years, he has dedicated his life to the youth of this state and enriching the opportunities that they have, many times not knowing where the resources were going to come from, but by faith carried forward in what he felt the Lord was leading him to do.
“I ask this body, with the blessing of the President, to honor and give thanks to this man today. Thank you.”
REPORT OF STANDING COMMITTEE
GUBERNATORIAL APPOINTMENT
February 15, 1999
GA 9103CHARLOTTE COKER, appointed June 18, 1998, for a term ending June 17, 2003, as a member of the Human Rights Commission.
Reported by Committee on Judiciary
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Hargrove, Haugen, Johnson, Long, McCaslin and Thibaudeau
Passed to Committee on Rules.
MESSAGES FROM THE HOUSE
March 15, 1999
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1131,
SUBSTITUTE HOUSE BILL NO. 1218,
SUBSTITUTE HOUSE BILL NO. 1285,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1514,
HOUSE BILL NO. 1554,
SECOND SUBSTITUTE HOUSE BILL NO. 1686,
ENGROSSED HOUSE BILL NO. 1773,
SUBSTITUTE HOUSE BILL NO. 1777,
SUBSTITUTE HOUSE BILL NO. 1826,
ENGROSSED HOUSE BILL NO. 2015,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2085,
ENGROSSED HOUSE BILL NO. 2232,
HOUSE BILL NO. 2264,
HOUSE JOINT MEMORIAL NO. 4015, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
March 15, 1999
MR. PRESIDENT:
The House has passed:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1147,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1884,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1887,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2078, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
March 16, 1999
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1046,
HOUSE BILL NO. 1092,
SECOND SUBSTITUTE HOUSE BILL NO. 1140,
HOUSE BILL NO. 1654,
SECOND SUBSTITUTE HOUSE BILL NO. 1681,
SECOND SUBSTITUTE HOUSE BILL NO. 1716,
SUBSTITUTE HOUSE BILL NO. 1718,
SUBSTITUTE HOUSE BILL NO. 1862,
HOUSE BILL NO. 1923,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2238, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 1046 by House Committee on Appropriations (originally sponsored by Representatives Constantine, Sheahan and Kenney) (by request of Board for Judicial Administration)
Adding a judge to the superior court of Okanogan county.
Referred to Committee on Judiciary.
HB 1092 by Representative Hatfield (by request of Department of Financial Institutions)
Regulating escrow agents and escrow officers.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
ESHB 1131 by House Committee on Judiciary (originally sponsored by Representatives Sheahan, Schindler, Crouse, Gombosky, O'Brien, Keiser, Hurst and D. Sommers)
Preventing prostitution by modifying sentencing provisions and allowing the impoundment of vehicles used to patronize prostitutes.
Referred to Committee on Judiciary.
2SHB 1140 by House Committee on Appropriations (originally sponsored by Representatives Carlson, Kenney, Radcliff, Lantz, Dunn, Esser, Edmonds, Cooper, Campbell and K. Schmidt)
Changing higher education financial aid provisions.
Referred to Committee on Higher Education.
E2SHB 1147 by House Committee on Appropriations (originally sponsored by Representatives K. Schmidt, Fisher, Hatfield, Radcliff, Kenney, Keiser, Hurst, Lovick, Ogden, Murray, Wood, Ruderman, Rockefeller and McIntire)
Enhancing novice driver traffic safety.
Referred to Committee on Transportation.
SHB 1218 by House Committee on Health Care (originally sponsored by Representatives Cody and Parlette) (by request of Department of Health)
Modifying provisions related to nurse delegation of tasks.
Referred to Committee on Health and Long-Term Care.
SHB 1285 by House Committee on State Government (originally sponsored by Representatives D. Schmidt, McMorris, Romero, Scott, Wensman, Esser, Carrell, Benson, Doumit, D. Sommers, Dunn and Lambert)
Clarifying where declarations of candidacy are filed.
Referred to Committee on State and Local Government.
ESHB 1514 by House Committee on Judiciary (originally sponsored by Representatives Kastama and Wolfe)
Changing provisions relating to modification of a parenting plan or custody order.
Referred to Committee on Judiciary.
HB 1554 by Representatives Murray, McDonald, Constantine, Mitchell, Dickerson, Ballasiotes, Scott, Radcliff, Poulsen and Romero; (by request of Washington State Patrol)
Clarifying status of HOV lane violations as traffic infractions.
Referred to Committee on Transportation.
HB 1654 by Representatives Kessler and Hatfield
Revising definition of veteran.
Referred to Committee on Ways and Means.
2SHB 1681 by House Committee on Appropriations (originally sponsored by Representatives Buck, Grant, Sump, Schoesler, Boldt, Mastin and McMorris)
Establishing a program to purchase and plant privately grown trout.
Referred to Committee on Natural Resources, Parks and Recreation.
2SHB 1686 by House Committee on Appropriations (originally sponsored by Representatives Kessler, DeBolt, Alexander, Mulliken, Morris, Linville, G. Chandler, Pennington, Wolfe, Hatfield, McMorris, Delvin, Romero, Sump, Clements, Ericksen, Schoesler, Campbell, D. Schmidt, Fortunato, Mielke, Radcliff, Cox, Mastin, Murray, Cooper, Lisk, Crouse, Hankins, Skinner, Thomas, B. Chandler, Koster, Parlette and Ruderman)
Requiring cooperation with local economic development cooperatives.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
2SHB 1716 by House Committee on Appropriations (originally sponsored by Representatives G. Chandler, Doumit, Mastin, Mulliken and Grant)
Changing provisions relating to warm water fish culture.
Referred to Committee on Natural Resources, Parks and Recreation.
SHB 1718 by House Committee on Natural Resources (originally sponsored by Representatives G. Chandler, Murray, Mitchell and Mulliken)
Conveying land to the city of Moses Lake.
Referred to Committee on Natural Resources, Parks and Recreation.
EHB 1773 by Representatives Wolfe, Lambert, Schoesler, Ogden, Dickerson, Conway, Alexander, Cooper, Tokuda, Veloria, Radcliff, Stensen, D. Schmidt, Romero, Gombosky, Schindler, Keiser, Lantz, Rockefeller, Edmonds, Kenney, Scott and Lovick
Changing visitation rights in nonparental actions for child custody.
Referred to Committee on Judiciary.
SHB 1777 by House Committee on State Government (originally sponsored by Representatives B. Chandler, Schindler, McMorris, Dunshee, Romero and Lantz)
Defining technical assistance documents.
Referred to Committee on State and Local Government.
SHB 1826 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Grant, Linville, Mastin and G. Chandler)
Requiring appointment of water masters in watershed management areas with WRIA plans.
Referred to Committee on Environmental Quality and Water Resources.
SHB 1862 by House Committee on Health Care (originally sponsored by Representatives Conway, Cody, Campbell, Ruderman, Alexander and Skinner)
Allowing a health care professional to surrender his or her license to practice.
Referred to Committee on Health and Long-Term Care.
ESHB 1884 by House Committee on State Government (originally sponsored by Representatives Lambert, Ogden, Cairnes and Campbell)
Providing appointments to inspect campaign account books.
Referred to Committee on State and Local Government.
ESHB 1887 by House Committee on Finance (originally sponsored by Representatives Kessler, Lisk, Grant, Wensman, Wolfe and Pennington) (by request of Department of Revenue)
Revising the machinery and equipment tax exemption for manufacturers and processors for hire.
Referred to Committee on Ways and Means.
HB 1923 by Representatives O'Brien, Koster, Anderson, Ogden, Lantz, Miloscia, Hankins and Ballasiotes
Establishing a postsecondary education program for inmates.
Referred to Committee on Human Services and Corrections.
EHB 2015 by Representatives Radcliff, Wolfe, Lambert, Romero, DeBolt, Morris, Constantine, Ruderman, D. Schmidt, Crouse, Carrell, Poulsen, Miloscia and Rockefeller (by request of Department of General Administration and Department of Information Services)
Restricting liability for year 2000 date-change damages.
Referred to Committee on Judiciary.
ESHB 2078 by House Committee on Natural Resources (originally sponsored by Representatives Buck, Regala, Eickmeyer and Anderson)
Merging Titles 75 and 77 RCW.
Referred to Committee on Natural Resources, Parks and Recreation.
E2SHB 2085 by House Committee on Appropriations (originally sponsored by Representatives Quall, Talcott, Haigh, Carlson, Santos, Linville, Cox, Kessler, Morris, Murray, McDonald, O'Brien, Anderson, Thomas, Ogden, Poulsen, Rockefeller, Lovick, Kenney, Wolfe, Stensen, Schual-Berke, Tokuda, Ruderman, Keiser, Wood, Constantine and Lantz)
Creating programs addressing disruptive students in regular classrooms.
Referred to Committee on Education.
EHB 2232 by Representatives Conway and Clements
Addressing occupational safety and health impact grants.
Referred to Committee on Labor and Workforce Development.
ESHB 2238 by House Committee on Commerce and Labor (originally sponsored by Representatives Clements and Conway)
Implementing recommendations for industrial insurance.
Referred to Committee on Labor and Workforce Development.
HB 2264 by Representatives H. Sommers, Huff and O'Brien (by request of Department of Social and Health Services)
Meeting the trust account requirement of the juvenile accountability block grant.
Referred to Committee on Ways and Means.
HJM 4015 by Representatives Lisk, Kenney, Radcliff, McDonald, Wolfe, Haigh, Ogden, Kessler, Santos, Conway, Linville and Lantz
Requesting federal scrutiny of immigration law and Immigration and Naturalization Service policies.
Referred to Committee on Judiciary.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Fraser, Gubernatorial Appointment No. 9085, Art Wang, as Chief Administrative Law Judge, Office of Administrative Hearings, was confirmed.
Senators Fraser, Franklin, Eide, Rasmussen and Deccio spoke to the confirmation of Art Wang as Chief Administrative Law Judge for the Office of Administrative Hearings.
APPOINTMENT OF ART WANG
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 44.
Excused: Senators Brown, Horn, McDonald, Sellar and West - 5.
MOTION
On motion of Senator Prentice, Gubernatorial Appointment No. 9009, Jesse Farias, as a member of the Liquor Control Board, was confirmed.
Senators Prentice and Deccio spoke to the confirmation of Jesse Farias as a member of the Liquor Control Board.
APPOINTMENT OF JESSE FARIAS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.
Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 44.
Absent: Senators Hargrove and McAuliffe - 2.
Excused: Senators Brown, Sellar and West - 3.
MOTION
On motion of Senator Honeyford, Senator Zarelli was excused.
SECOND READING
SENATE JOINT RESOLUTION NO. 8208, by Senators Loveland, West and Snyder
Authorizing investments as specified by the legislature.
MOTIONS
On motion of Senator Loveland, Substitute Senate Joint Resolution No. 8208 was substituted for Senate Joint Resolution No. 8208 and the substitute resolution was placed on second reading and read the second time.
On motion of Senator Loveland, the rules were suspended, Substitute Senate Joint Resolution No. 8208 was advanced to third reading, the second reading considered the third and the joint resolution 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 Substitute Senate Joint Resolution No. 8208.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Joint Resolution No. 8208 and the joint resolution passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 42.
Voting nay: Senators Finkbeiner, Heavey, Hochstatter, Jacobsen, Sheldon and T. - 5.
Excused: Senators Sellar and Zarelli - 2.
SUBSTITUTE SENATE JOINT RESOLUTION NO. 8208, having received the constitutional majority, was declared passed.
MOTION
On motion of Senator Franklin, Senator Thibaudeau was excused.
SECOND READING
SENATE BILL NO. 6063, by Senators Loveland, West, Snyder and Oke
Authorizing the state investment board to invest and reinvest moneys in the emergency reserve fund.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 6063 was substituted for Senate Bill No. 6063 and the substitute bill was placed on second reading and read the second time.
On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 6063 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 Substitute Senate Bill No. 6063.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6063 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 7; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, West and Winsley - 39.
Voting nay: Senators Finkbeiner, Gardner, Heavey, Jacobsen, Patterson, Sheldon, T. and Wojahn - 7.
Excused: Senators Sellar, Thibaudeau and Zarelli - 3.
SUBSTITUTE SENATE BILL NO. 6063, 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 Hale: “Thank you, Madam President. A point of personal privilege. I would like to--on this dreary St. Patrick's Day--I would like to thank the members of the Irish Caucus, Senator Heavey, Senator McDonald, Senator McCaslin and Senator Sheahan, for brightening our day with these lovely corsages. As the granddaughter of Mattie O'Neal, I say, 'thank you.'”
POINT OF INQUIRY
Senator Deccio: “Senator Heavey, is there going to be an Irish Resolution, so that I can debate it?”
Senator Heavey: “No.”
PERSONAL PRIVILEGE
Senator Heavey: “Thank you, Madam President. A point of personal privilege. The Irish are a passionate people; they are the only people that will stand in line to kiss a rock. Actually, my parents did that and they have the paper work to prove it, but we are not very good on the paper work and so that is why, Senator Deccio, you won't see that. Also, we didn't want to hear the tirade about St. Patrick really being an Italian. I want to thank my fellow Senators for joining me and we wish you all a Happy St. Patrick's Day.”
PERSONAL PRIVILEGE
Senator McCaslin: “A point of personal privilege, Madam President. You know, we have the custom here when you make your first speech, you buy a gift. Now, on the last speech, you don't get a corsage. I'm still going to talk the rest of the year.”
Further debate ensued.
PERSONAL PRIVILEGE
Senator Prentice: “I rise to a point of personal privilege. I would like to remind you of where the black Irish came from. They were the
ship-wrecked Spanish sailors.”
SECOND READING
SENATE BILL NO. 5897, by Senators Costa, Winsley, Thibaudeau and Oke (by request of Attorney General Gregoire)
Informing purchasers of cigarettes of adverse health consequences and whether the cigarettes were manufactured for consumption within the United States.
The bill was read the second time.
MOTIONS
On motion of Senator Costa, the following striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The surgeon general has determined that smoking causes lung cancer, heart disease, and other serious diseases and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.
(2) It is the policy of the state that consumers be adequately informed about the adverse health effects of cigarette smoking by including warning notices on each package of cigarettes.
(3) It is the policy of the state that manufacturers and importers of cigarettes not make any material misrepresentation of fact regarding the health consequences of using cigarettes, including compliance with applicable federal laws, regulations, and policies.
(4) It is the intent of the legislature to align state law with federal laws, regulations, and policies relating to the manufacture, importation, and marketing of cigarettes, and in particular, the Federal Cigarette Labeling and Advertising Act (15 U.S.C. Sec. 1331 et seq.) and 26 U.S.C. Sec. 5754.
(5) The legislature finds that consumers and retailers purchasing cigarettes are entitled to be fully informed about any adverse health effects of cigarette smoking by inclusion of warning notices on each package of cigarettes and to be assured through appropriate enforcement measures that cigarettes they purchase were manufactured for consumption within the United States.
Sec. 2. RCW 82.24.110 and 1997 c 420 s 4 are each amended to read as follows:
(1) Each of the following acts is a gross misdemeanor and punishable as such:
(a) To sell, except as a licensed wholesaler engaged in interstate commerce as to the article being taxed herein, without the stamp first being affixed;
(b) To sell in Washington as a wholesaler to a retailer who does not possess and is required to possess a current cigarette retailer's license;
(c) To use or have in possession knowingly or intentionally any forged or counterfeit stamps;
(d) For any person other than the department of revenue or its duly authorized agent to sell any stamps not affixed to any of the articles taxed herein whether such stamps are genuine or counterfeit;
(e) To violate any of the provisions of this chapter;
(f) To violate any lawful rule made and published by the department of revenue or the board;
(g) To use any stamps more than once;
(h) To refuse to allow the department of revenue or its duly authorized agent, on demand, to make full inspection of any place of business where any of the articles herein taxed are sold or otherwise hinder or prevent such inspection;
(i) Except as provided in this chapter, for any retailer to have in possession in any place of business any of the articles herein taxed, unless the same have the proper stamps attached;
(j) For any person to make, use, or present or exhibit to the department of revenue or its duly authorized agent, any invoice for any of the articles herein taxed which bears an untrue date or falsely states the nature or quantity of the goods therein invoiced;
(k) For any wholesaler or retailer or his or her agents or employees to fail to produce on demand of the department of revenue all invoices of all the articles herein taxed or stamps bought by him or her or received in his or her place of business within five years prior to such demand unless he or she can show by satisfactory proof that the nonproduction of the invoices was due to causes beyond his or her control;
(l) For any person to receive in this state any shipment of any of the articles taxed herein, when the same are not stamped, for the purpose of avoiding payment of tax. It is presumed that persons other than dealers who purchase or receive shipments of unstamped cigarettes do so to avoid payment of the tax imposed herein;
(m) For any person to possess or transport in this state a quantity of sixty thousand cigarettes or less unless the proper stamps required by this chapter have been affixed or unless: (i) Notice of the possession or transportation has been given as required by RCW 82.24.250; (ii) the person transporting the cigarettes has in actual possession invoices or delivery tickets which show the true name and address of the consignor or seller, the true name and address of the consignee or purchaser, and the quantity and brands of the cigarettes so transported; and (iii) the cigarettes are consigned to or purchased by any person in this state who is authorized by this chapter to possess unstamped cigarettes in this state;
(n) To possess, sell, or transport within this state any container or package of cigarettes that does not comply with this chapter.
(2) It is unlawful for any person knowingly or intentionally to possess or to transport in this state a quantity in excess of sixty thousand cigarettes unless the proper stamps required by this chapter are affixed thereto or unless: (a) Proper notice as required by RCW 82.24.250 has been given; (b) the person transporting the cigarettes actually possesses invoices or delivery tickets showing the true name and address of the consignor or seller, the true name and address of the consignee or purchaser, and the quantity and brands of the cigarettes so transported; and (c) the cigarettes are consigned to or purchased by a person in this state who is authorized by this chapter to possess unstamped cigarettes in this state. Violation of this section shall be punished as a class C felony under Title 9A RCW.
(3) All agents, employees, and others who aid, abet, or otherwise participate in any way in the violation of the provisions of this chapter or in any of the offenses described in this chapter shall be guilty and punishable as principals, to the same extent as any wholesaler or retailer or any other person violating this chapter.
Sec. 3. RCW 82.24.130 and 1997 c 420 s 5 are each amended to read as follows:
(1) The following are subject to seizure and forfeiture:
(a) Subject to RCW 82.24.250, any articles taxed in this chapter that are found at any point within this state, which articles are held, owned, or possessed by any person, and that do not have the stamps affixed to the packages or containers; and any container or package of cigarettes possessed or held for sale that does not comply with this chapter.
(b) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of property described in (a) of this subsection, except:
(i) A conveyance used by any person as a common or contract carrier having in actual possession invoices or delivery tickets showing the true name and address of the consignor or seller, the true name of the consignee or purchaser, and the quantity and brands of the cigarettes transported, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
(ii) A conveyance subject to forfeiture under this section by reason of any act or omission of which the owner thereof establishes to have been committed or omitted without his or her knowledge or consent;
(iii) A conveyance encumbered by a bona fide security interest if the secured party neither had knowledge of nor consented to the act or omission.
(c) Any vending machine used for the purpose of violating the provisions of this chapter.
(2) Property subject to forfeiture under this chapter may be seized by any agent of the department authorized to collect taxes, any enforcement officer of the board, or law enforcement officer of this state upon process issued by any superior court or district court having jurisdiction over the property. Seizure without process may be made if:
(a) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; or
(b) The department, the board, or the law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter and exigent circumstances exist making procurement of a search warrant impracticable.
(3) Notwithstanding the foregoing provisions of this section, articles taxed in this chapter which are in the possession of a wholesaler or retailer, licensed under Washington state law, for a period of time necessary to affix the stamps after receipt of the articles, shall not be considered contraband.
Sec. 4. RCW 82.24.145 and 1987 c 496 s 4 are each amended to read as follows:
When property is forfeited under this chapter the department may:
(1) Retain the property or any part thereof for official use or upon application by any law enforcement agency of this state, another state, or the District of Columbia, or of the United States for the exclusive use of enforcing the provisions of this chapter or the laws of any other state or the District of Columbia or of the United States.
(2) Sell the property at public auction to the highest bidder after due advertisement, but the department before delivering any of the goods so seized shall require the person to whom the property is sold to affix the proper amount of stamps. The proceeds of the sale and all moneys forfeited under this chapter shall be first applied to the payment of all proper expenses of any investigation leading to the seizure and of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs. The balance of the proceeds and all moneys shall be deposited in the general fund of the state. Proper expenses of investigation includes costs incurred by any law enforcement agency or any federal, state, or local agency.
(3) Notwithstanding the provisions of subsections (1) and (2) of this section, cigarettes seized for a violation of section 5 of this act shall be sold only for export from the United States to the highest bidder who meets all applicable state and federal requirements to export such cigarettes or destroyed.
NEW SECTION. Sec. 5. A new section is added to chapter 82.24 RCW to read as follows:
(1) No stamp may be affixed to, or made upon, any container or package of cigarettes if:
(a) The container or package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. Sec. 1331 et seq.) for the placement of labels, warnings, or any other information upon a package of cigarettes that is to be sold within the United States;
(b) The container or package has been imported into the United States after January 1, 2000, in violation of 26 U.S.C. Sec. 5754;
(c) The container or package, including a container of individually stamped containers or packages, is labeled "For Export Only," "U.S. Tax Exempt," "For Use Outside U.S.," or similar wording indicating that the manufacturer did not intend that the product be sold in the United States; or
(d) The container or package has been altered by adding or deleting the wording, labels, or warnings described in (a) or (c) of this subsection.
(2) In addition to the penalty and forfeiture provisions otherwise provided for in this chapter, a violation of this section is a deceptive act or practice under the consumer protection act, chapter 19.86 RCW.
NEW SECTION. Sec. 6. 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.
NEW SECTION. Sec. 7. 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 immediately."
On motion of Senator Costa, the following title amendment was adopted:
On page 1, line 1 of the title, after "cigarettes;" strike the remainder of the title and insert "amending RCW 82.24.110, 82.24.130, and 82.24.145; adding a new section to chapter 82.24 RCW; creating a new section; prescribing penalties; and declaring an emergency."
MOTION
On motion of Senator Costa, the rules were suspended, Engrossed Senate Bill No. 5897 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 Engrossed Senate Bill No. 5897.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5897 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
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, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Wojahn - 45.
Absent: Senator Kohl-Welles - 1.
Excused: Senators Sellar, Thibaudeau and Zarelli - 3.
ENGROSSED SENATE BILL NO. 5897, 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. 8200, by Senators McCaslin and Roach
Amending the Constitution to remove the requirement that judges be admitted to the practice of law.
MOTION
Senator McCaslin moved that Substitute Senate Joint Resolution No. 8200 be substituted for Senate Joint Resolution No. 8200.
POINT OF ORDER
Senator Roach: “I rise to a point of order, Madam President. I submit that Substitute Senate Joint Resolution No. 8200 changes the scope and object of Senate Joint Resolution No. 8200 and adoption of the substitute bill would therefor violate Senate Rule 66. Senate Joint Resolution No. 8200 is a measure which would remove the requirement that a Justice of the Supreme Court or Superior Court Judge be admitted to practice law in this state. I might add, your honor, that the members of the United States Supreme Court are not required to be attorneys, nor is the State Attorney General. In the latter case, the voters in their discretion have elected attorneys. I have little doubt that voters would also make reasoned decisions in elections for judges. That is why I signed the original resolution. The same would be true of the election of judges.
“The original measure aims at eliminating the requirement that a judge be a licensed attorney. The substitute measure, on the other hand, would not only strike the language of the original resolution and maintain the requirement that judges be attorneys; the substitute would actually increase the qualifications for becoming a Superior Court Judge by requiring five years attorney experience. I submit that the substitute resolution clearly changes the scope and object of the bill.
“By way of analogy, this situation is like that of an original bill that eliminates the property tax, and a substitute bill to raise property tax; or an original bill that raises the penalty for drug use, and a substitute bill to decriminalize drug use. Finally, a case in point, a bill strengthening the Growth Management Act; and a substitute to repeal the Growth Management Act.”
Further debate ensued.
MOTION
On motion of Senator Betti Sheldon, further consideration of Senate Joint Resolution No. 8200 was deferred.
SECOND READING
SENATE BILL NO. 5667, by Senators West and Heavey
Increasing the number of untaxed complimentary tickets available for boxing, kickboxing, martial arts, and wrestling.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, Senate Bill No. 5667 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. 5667.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5667 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, 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, Swecker, Thibaudeau, West, Winsley and Wojahn - 47.
Excused: Senators Sellar and Zarelli - 2.
SENATE BILL NO. 5667, 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. 5082, by Senators Swecker and Rasmussen
Requiring microbial inactivation of biomedical waste.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 5082 was substituted for Senate Bill No. 5082 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Swecker, the following amendments by Senators Swecker and Fraser were considered simultaneously and were adopted: On page 2, line 8, after "are" insert "laboratory"
On page 3, line 30, after "puncture-resistant" strike "red" and insert "((red))"
MOTIONS
On motion of Senator Swecker, the following amendment by Senators Swecker and Fraser was adopted:
On page 4, beginning on line 20, after "facility." strike all material through "industries." on line 26 and insert "Cultures and stocks shall not be subject to any process that creates the potential for the generation or release of airborne pathogens from the waste before treatment."
On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 5082 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Fraser: “Senator Swecker, on page four, Section three, there is a phrase, and I condense it somewhat, that says, ' Generator may segregate the cultures and stocks from other medical wastes and transport them to a treatment facility.' The question is, does that mean that a hospital or lab must itself transport the cultures and stocks to the treatment facility?”
Senator Swecker: “Senator Fraser, thank you for raising that point. It is not our intent at all that the hospital or lab, themselves, would have to transport the cultures and stocks. The current practice of contracting with authorized transporters, which are subject now to tight, new regulations, would continue.”
Further 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. 5082.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5082 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, 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, Swecker, Thibaudeau, West, Winsley and Wojahn - 47.
Excused: Senators Sellar and Zarelli - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5082, 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 Deccio, Senator West was excused.
SECOND READING
SENATE BILL NO. 5951, by Senators Costa, Long and Winsley (by request of Department of Social and Health Services)
Amending the child abuse protection and treatment act.
The bill was read the second time.
MOTION
On motion of Senator Costa, the rules were suspended, Senate Bill No. 5951 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. 5951.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5951 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
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, Swecker, Thibaudeau, Winsley and Wojahn - 46.
Excused: Senators Sellar, West and Zarelli - 3.
SENATE BILL NO. 5951, 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. 5625, by Senators Kohl-Welles, Fairley, Winsley, Brown, Thibaudeau, Kline, Patterson, Fraser, Franklin, Gardner, Rasmussen, B. Sheldon, Snyder and Horn
Changing work requirement provisions for the temporary assistance for needy families program.
MOTIONS
On motion of Senator Fairley, Substitute Senate Bill No. 5625 was substituted for Senate Bill No. 5625 and the substitute bill was placed on second reading and read the second time.
Senator Fairley moved that the following amendment by Senators Fairley, Kohl-Welles and Prentice be adopted:
On page 3, after line 39, insert the following:
"(7) The department shall encourage and facilitate placement of recipients into apprenticeships or preapprenticeship training programs."
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 amendment by Senator Fairley, Kohl-Welles and Prentice on page 3, after line 29, to Substitute Senate Bill No. 5625.
MOTION
On motion of Senator Fairley, the rules were suspended, Engrossed Substitute Senate Bill No. 5625 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. 5625.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5625 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 19; Absent, 1; Excused, 1.
Voting yea: 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.
Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, Morton, Oke, Roach, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 19.
Absent: Senator McDonald - 1.
Excused: Senator Sellar - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5625, 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. 5798, by Senators Fairley, Winsley and Franklin (by request of Department of Social and Health Services)
Assisting needy families.
The bill was read the second time.
MOTIONS
On motion of Senator Fairley, the following Committee on Labor and Workforce Development amendments were considered simultaneously and were adopted.
On page 3, on line 17, delete "over"
On page 3, on line 22, delete "over"
On page 3, delete lines 24 through 26, and insert the following:
"section only when it determines by reasonable, objective criteria that such exceptions are likely to enable the children to complete their high school education, general equivalency diploma or vocational education."
On motion of Senator Fairley, the following amendment was adopted
On page 3, after line 28, insert the following:
"Sec. 4. RCW 74.08A.120 and 1997 c 57 s 3 are each amended to read as follows:
(1) The department may establish a food assistance program for ((persons whose immigrant status meets the eligibility requirements of the federal food stamp program, but who are no longer eligible solely due to their immigrant status under P.L. 104-193)) legal immigrants who are ineligible for the federal food stamp program.
(2) The rules for the state food assistance program shall follow exactly the rules of the federal food stamp program except for the provisions pertaining to immigrant status ((under P.L. 104-193)).
(3) The benefit under the state food assistance program shall be established by the legislature in the biennial operating budget.
(4) The department may enter into a contract with the United States department of agriculture to use the existing federal food stamp program coupon system for the purposes of administering the state food assistance program.
(5) In the event the department is unable to enter into a contract with the United States department of agriculture, the department may issue vouchers to eligible households for the purchase of eligible foods at participating retailers."
MOTIONS
On motion of Senator Fairley, the following title amendment was adopted:
On page 1, line 2 of the title, after "74.12.010" strike "and 74.12.035" and insert ", 74.12.035, and 74.08A.120"
On motion of Senator Fairley, the rules were suspended, Engrossed Senate Bill No. 5798 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 Senate Bill No. 5798.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5798 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; 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, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Excused: Senator Sellar - 1.
ENGROSSED SENATE BILL NO. 5798, 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. 5729, by Senators Rasmussen and Swecker
Establishing parameters for solid waste facility locational standards.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 5729 was substituted for Senate Bill No. 5729 and the substitute bill was placed on second reading and read the second time.
Senator Honeyford moved that the following amendment be adopted:
On page 1, line 16, after “acres" insert "of open and active solid waste landfill activity"
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Honeyford on page 1, line 16, to Substitute Senate Bill No. 5729.
The motion by Senator Honeyford failed and the amendment was not adopted.
MOTION
Senator Honeyford moved that the following amendment be adopted:
On page 1, line 16, after “exceed" strike "one" and insert “two"
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Honeyford on page 1, line 16, to Substitute Senate Bill No. 5729.
The motion by Senator Honeyford failed and the amendment was not adopted.
MOTION
Senator Honeyford moved that the following amendment be adopted:
On page 1, line 17, after "hundred" insert “fifty"
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Honeyford on page 1, line 17, to Substitute Senate Bill No. 5729.
The motion by Senator Honeyford failed and the amendment was not adopted.
MOTION
Senator Honeyford moved that the following amendment be adopted:
On page 2, line 1, after "facilities" insert "that will receive municipal solid waste"
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Honeyford on page 2, line 1, to Substitute Senate Bill No. 5729.
The motion by Senator Honeyford failed and the amendment was not adopted.
MOTION
On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5729 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 Substitute Senate Bill No. 5729.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5729 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Zarelli - 32.
Voting nay: Senators Deccio, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Sheldon, B., West, Winsley and Wojahn - 16.
Excused: Senator Sellar - 1.
SUBSTITUTE SENATE BILL NO. 5729, 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.
President Owen assumed the Chair.
SECOND READING
SENATE BILL NO. 5730, by Senators Rasmussen and Swecker
Changing financial responsibility requirements for operators of solid waste landfills.
MOTIONS
On motion of Senator Fraser, Second Substitute Senate Bill No. 5730 was substituted for Senate Bill No. 5730 and the second substitute bill was placed on second reading and read the second time.
Senator Honeyford moved that the following amendment be adopted:
On page 2, line 29, after “exceed" strike "one" and insert “two"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Honeyford on page 2, line 29, to Second Substitute Senate Bill No. 5730.
The motion by Senator Honeyford failed and the amendment was not adopted.
MOTION
Senator Honeyford moved that the following amendment be adopted:
On page 2, line 29, after “acres" insert "of open and active solid waste landfill activity"
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Honeyford on page 2, line 29, to Second Substitute Senate Bill No. 5730.
The motion by Senator Honeyford carried and the amendment was adopted.
MOTION
On motion of Senator Betti Sheldon, further consideration of Second Substitute Senate Bill No. 5730 was deferred.
SECOND READING
SENATE BILL NO. 5610, by Senators Prentice, Finkbeiner, T. Sheldon and Costa
Authorizing the director of the department of licensing to impose a civil penalty for a violation of chapter 46.70 RCW.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5610 was substituted for Senate Bill No. 5610 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Morton, the following amendment by Senators Morton and Haugen was adopted:
On page 2, line 9, after "license." insert: "For the purpose of subsections (1) and (2) of this section, "curbstoning" does not include the sale of equipment or vehicles used in farming as defined in RCW 46.04.183 and sold by a farmer as defined in RCW 46.04.182."
MOTION
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5610 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Franklin, Senator Loveland was excused.
POINT OF INQUIRY
Senator Hargrove: “Senator Haugen, I wanted to find whether or not if a company goes out of business that has a fleet of vehicles--maybe five, six, seven vehicles--and because they are going out of business, they are selling these vehicles, are they subject to a violation under this chapter, because they did not get a dealer's license?”
Senator Haugen: “I don't believe they would be subject to a violation according to what we were told in committee. That is a different circumstance. They are not going to be out selling them on the street corner. We did provide an exemption specifically for the agricultural community, but the testimony was not so that a person who was disposing of their own machine would not be considered curbstoning.”
Senator Hargrove: “So, a contract logger that is going out of business and selling equipment would not be covered by this thing?”
Senator Haugen: “Perhaps Senator Morton could answer that question. He has spent a lot of time working on his amendment, because he wanted it to be very specific to his community.”
REMARKS BY SENATOR MORTON
Senator Morton: “As the attorneys have answered that question to me, Senator Hargrove, the answer would be that the logger or the fleet owner would be exempt and would be able to sell six or seven vehicles beyond the number five. That is the interpretation from our staff attorneys. What I did with this amendment, was to clarify in agriculture, because of the definitions in the RCWs of agriculture. Now, whether that would pertain to tree farming, also, would be a question, but you are speaking also more of commercial and industrial. It is my understanding that we would be all right.”
Senator Hargrove: “Thank you for the answer.”
Further 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. 5610.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5610 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
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, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 46.
Voting nay: Senator Zarelli - 1.
Excused: Senators Loveland and Sellar - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5610, 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. 5410, by Senators McAuliffe and Rasmussen (by request of Board of Education)
Reclassifying the state board of education as a class four group.
The bill was read the second time.
MOTION
Senator Roach moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.305.120 and 1984 c 287 s 60 are each amended to read as follows:
The state board of education shall hold an annual meeting and such other regular meetings at such time and place within the state as the board shall determine and may hold such special meetings as may be deemed necessary for the transaction of public business, such special meetings to be called by the superintendent of public instruction, or by a majority of the board. The persons ((serving)) elected by the people under this chapter as members of the state board of education shall be compensated in accordance with RCW ((43.03.240 and)) 43.03.250. Persons not elected by the people shall be compensated in accordance with RCW 43.03.240. All members shall be reimbursed by the superintendent of public instruction for travel expenses in accordance with RCW 43.03.050 and 43.03.060 incurred in the performance of their duties which expenses shall be paid by the state treasurer on warrants out of funds appropriated or otherwise available, upon the order of the superintendent.
Sec. 2. RCW 28A.305.010 and 1992 c 56 s 1 are each amended to read as follows:
The state board of education shall be comprised of ((one)) two nonpartisan members from each congressional district of the state, not including any congressional district at large, elected by the ((members of the boards of directors of school districts thereof, as hereinafter in this chapter provided, the superintendent of public instruction and one member elected at large, as provided in this chapter, by the members of the boards of directors of all private schools in the state meeting the requirements of RCW 28A.195.010. The member representing private schools shall not vote on matters affecting public schools. If there is a dispute about whether or not an issue directly affects public schools, the dispute shall be settled by a majority vote of the other members of the board)) voters of each congressional district in the state.
Sec. 3. RCW 28A.305.030 and 1992 c 56 s 3 are each amended to read as follows:
(1) Whenever any new and additional congressional district is created, except a congressional district at large, ((the superintendent of public instruction shall call an election in such district at the time of making the call provided for in RCW 28A.305.020. Such election shall be conducted as other elections provided for in this chapter)) two persons shall be elected at the next general election at which state board of education members are elected to serve as members of the state board of education. At the first such election one member of the state board of education shall be elected for a term of four years.
(2) The terms of office of members of the state board of education who are elected from the various congressional districts shall not be affected by the creation of either new or new and additional districts. In such an event, each board member may continue to serve in office for the balance of the term for which he or she was elected or appointed: PROVIDED, That the board member continues to reside within the boundaries of the congressional district as they existed at the time of his or her election or appointment. Vacancies ((which)) that occur in a board member position during the balance of any such term shall be filled ((pursuant to)) under RCW 28A.305.090 by a successor who resides within the boundaries of the congressional district from which the member whose office was vacated was elected as they existed at the time of his or her election. At the election immediately preceding expiration of the term of office of each board member provided for in this subsection following the creation of either new or new and additional congressional districts, and thereafter, a successor shall be elected from the congressional district ((which)) that corresponds in number with the congressional district from which the incumbent was appointed or elected.
(((3) Notwithstanding any other provision of this section or chapter, in order to reduce the number of state board of education members elected from each congressional district from two members to one member the following transitional measures shall govern board member terms, elections, and voting:
(a) The terms of office for each of the sixteen state board of education members and positions representing the first through the eighth congressional districts shall terminate in a sequence commencing with the terms of the four members and positions representing the third and sixth congressional districts as of the second Monday of January 1993, followed by the terms of the six members and positions representing the first, fourth, and seventh congressional districts as of the second Monday of January 1994, and ending with the termination of the terms of the six members and positions representing the second, fifth, and eighth congressional districts as of the second Monday of January 1995;
(b) An election shall be conducted under RCW 28A.305.040 through 28A.305.060 each year preceding the termination of one or more terms under (a) of this subsection for the purpose of electing one state board of education member from each correspondingly numbered congressional district for a term of four years;
(c) If for any reason a vacancy occurs in one of two positions representing a congressional district before the termination of the term for the position under (a) of this subsection, no replacement may be appointed or elected and the position shall be deemed eliminated; and
(d) During the transition period from the second Monday of January 1993, to the second Monday of January 1995, a vote on any matter before the state board of education by any one of two members representing the same congressional district shall be equal to one-half [of] a vote and a vote by any other member shall be equal to one full vote. Thereafter, the vote of each member shall be equal to one full vote.))
Sec. 4. RCW 28A.305.090 and 1990 c 33 s 264 are each amended to read as follows:
Whenever there shall be a vacancy upon the state board of education, from any cause whatever, it shall be the duty of the remaining members of the board to fill such vacancy by appointment, and the person so appointed shall continue in office until his or her successor has been ((specially)) elected((, as hereinafter in this section provided,)) and has qualified. ((Whenever a vacancy occurs, the superintendent of public instruction shall call, in the month of August)) At the next general election following the date of the occurrence of ((such)) the vacancy, ((a special election to be held in the same manner as other elections provided for in this chapter, at which election)) a successor shall be elected to hold office for the unexpired term of the member whose office was vacated.
NEW SECTION. Sec. 5. A new section is added to chapter 28A.305 RCW to read as follows:
An election shall be held at the general election after the effective date of this section to elect members to the state board of education. Members shall take office on the second Monday of January following the election, on which date the terms of all members of the state board of education holding office on the effective date of this section shall expire. Of the initial members elected under this section, members elected from even-numbered congressional districts shall serve four-year terms and members elected from odd-numbered congressional districts shall serve two-year terms. Newly elected members of the state board of education shall serve until their successors are elected and qualified. Members who are elected subsequently shall be elected to four-year terms of office and shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.
NEW SECTION. Sec. 6. The following acts or parts of acts are each repealed:
(1) RCW 28A.305.020 (Call and notice of elections) and 1990 c 33 s 258, 1988 c 255 s 2, 1981 c 38 s 1, & 1969 ex.s. c 223 s 28A.04.020;
(2) RCW 28A.305.040 (Declarations of candidacy--Qualifications of candidates--Members restricted from service on local boards--Forfeiture of office) and 1990 c 33 s 260, 1982 1st ex.s. c 7 s 2, 1980 c 179 s 4, 1975 1st ex.s. c 275 s 49, 1971 c 48 s 1, & 1969 ex.s. c 223 s 28A.04.040;
(3) RCW 28A.305.050 (Qualifications of voters--Ballots--Voting instructions--Candidates' biographical data) and 1990 c 33 s 261, 1988 c 255 s 3, 1981 c 38 s 2, & 1969 ex.s. c 223 s 28A.04.050;
(4) RCW 28A.305.060 (Election procedure--Certificate) and 1990 c 33 s 262, 1981 c 38 s 3, 1980 c 179 s 5, 1975 c 19 s 2, 1969 ex.s. c 283 s 25, & 1969 ex.s. c 223 s 28A.04.060; and
(5) RCW 28A.305.070 (Action to contest election--Grounds--Procedure) and 1980 c 179 s 6 & 1975 c 19 s 1."
POINT OF ORDER
Senator McAuliffe: “I rise to a point of order. I submit the amendment proposed by Senator Roach changes the scope and object of Senate Bill No. 5410 and, therefore, violates Senate Rule 66. The object of Senate Bill No. 5410 is to reclassify the State Board of Education from a class three to a class four group. The striking amendment by Senator Roach deals with elections and, therefore, changes the scope and object of Senate Bill No. 5410.”
Further debate ensued.
MOTION
On motion of Senator Heavey, further consideration of Senate Bill No. 5410 was deferred.
.
SECOND READING
SENATE BILL NO. 5575, by Senators Haugen, Johnson, Patterson and T. Sheldon (by request of Washington State Patrol)
Adding an ex officio member to the building code council.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Senate Bill No. 5575 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. 5575.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5575 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.
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, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.
Absent: Senators Rasmussen and Wojahn - 2.
Excused: Senators Loveland and Sellar - 2.
SENATE BILL NO. 5575, 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 Franklin, Senator Wojahn was excused.
SECOND READING
SENATE BILL NO. 5665, by Senators Costa, Honeyford, Hargrove, Kline, Heavey, McCaslin and Long
Authorizing vacation of records of convictions for misdemeanors and gross misdemeanors.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, Senate Bill No. 5665 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. 5665.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5665 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.
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, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Absent: Senators Rasmussen, Sheldon and B. - 2.
Excused: Senators Loveland, Sellar and Wojahn - 3.
SENATE BILL NO. 5665, 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. 5617, by Senators Horn, Goings, Finkbeiner, Oke and Costa
Providing exemptions from driver's license requirements for nonresidents.
The bill was read the second time.
MOTION
On motion of Senator Horn, the rules were suspended, Senate Bill No. 5617 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. 5617.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5617 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
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, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Excused: Senators Loveland, Sellar and Wojahn - 3.
SENATE BILL NO. 5617, 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. 5712, by Senators Prentice, Hale, Bauer, West and Winsley
Regulating motel liquor licenses.
MOTIONS
On motion of Senator Goings, Substitute Senate Bill No. 5712 was substituted for Senate Bill No. 5712 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Heavey, the following amendment was adopted:
On page 1, line 16, strike ((No more than one-half of the guest rooms may have honor bars.)) and insert, "No more than one half of the guest rooms may have honor bars."
MOTION
On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 5712 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Deccio, Senator Long was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5712.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5712 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 5; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Fairley, Finkbeiner, Fraser, Gardner, Goings, Hale, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 41.
Voting nay: Senators Eide, Franklin, Hargrove, Heavey and Patterson - 5.
Excused: Senators Long, Loveland and Sellar - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5712, 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. 5816, by Senators Haugen, McCaslin, Patterson, Gardner and T. Sheldon
Enabling counties planning under chapter 36.70A RCW to create nine lots in a short subdivision within a designated urban growth area.
The bill was read the second time.
MOTIONS
On motion of Senator Spanel, the following amendment was adopted:
On page 3, after line 21, insert the following:
"(16) "Conservation parcel" means a parcel or lot of any size and configuration created specifically to conserve, preserve, or protect land in its undeveloped state or to restore the value and benefits of developed land to its undeveloped state. Lands which may be included within a conservation parcel include critical areas as defined in RCW 36.70A.030(5), open space areas, riparian areas, forest lands, agricultural lands, or other lands identified by counties or cities pursuant to section 3 of this act as eligible for inclusion in a conservation parcel.
Sec. 2. RCW 58.17.040 and 1992 c 220 s 27 are each amended to read as follows:
The provisions of this chapter shall not apply to:
(1) Cemeteries and other burial plots while used for that purpose;
(2) Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the governing authority of the city, town, or county in which the land is situated shall have adopted a subdivision ordinance requiring plat approval of such divisions: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;
(3) Divisions made by testamentary provisions, or the laws of descent;
(4) Divisions of land into lots or tracts classified for industrial or commercial use when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;
(5) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;
(6) A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site; ((and))
(7) A division made for the purpose of creating a conservation parcel according to the requirements of section 3 of this act; and
(8) Divisions of land into lots or tracts if: (a) Such division is the result of subjecting a portion of a parcel or tract of land to either chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land; (b) the improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest; (c) a city, town, or county has approved the binding site plan for all such land; (d) such approved binding site plan is recorded in the county or counties in which such land is located; and (e) the binding site plan contains thereon the following statement: "All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein." The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved if the site plan was approved by a city, town, or county: (i) In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or (ii) in connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or (iii) if not approved pursuant to (i) and (ii) of this subsection (7)(e), then pursuant to such other procedures as such city, town, or county may have established for the approval of a binding site plan.
NEW SECTION. Sec. 3. A new section is added to chapter 58.17 RCW to read as follows:
A county, city, or town may adopt by ordinance procedures for the creation of conservation parcels as an exemption to the procedures required by this chapter. The ordinance must:
(1) Identify the types of land which may qualify for designation as conservation parcels, including all lands specified in RCW 58.17.020(3) and any other lands the county, city, or town determines to have environmental, ecological, habitat, or natural resource value and to need conservation, preservation, restoration, or protection;
(2) Prohibit any residential, commercial, industrial, or active agricultural or forestry uses on conservation parcels;
(3) Require that any existing residential, commercial, industrial, or active agricultural or forestry uses be abated and mitigated;
(4) To the maximum extent practicable, require that any existing residential, commercial, industrial, or other developments or improvements be removed and that the land be restored prior to approval of the conservation parcel;
(5) Limit noncommercial recreation and open space uses on conservation parcels to those activities which will not alter the character of the land or impact the environmental, ecological, habitat, or natural resource value of the land; and
(6) Require that title to a conservation parcel be:
(a) Held by a public agency for conservation, preservation, restoration, or protection purposes;
(b) Held by a nonprofit nature conservancy corporation or association as defined in RCW 84.34.250 for conservation, preservation, restoration, or protection purposes; or
(c) Encumbered by a perpetual conservation easement in favor of either a public agency or a nonprofit nature conservancy corporation or association as defined in RCW 84.34.250."
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 3 of the title, after "area;" strike "and" and after "RCW 58.17.020" insert "and 58.17.040; and adding a new section to chapter 58.17 RCW"
MOTION
On motion of Senator Haugen, the rules were suspended, Engrossed Senate Bill No. 5816 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 Engrossed Senate Bill No. 5816.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5816 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Loveland, 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: Senators Fairley, Kohl-Welles and Thibaudeau - 3.
Excused: Senators Long and Sellar - 2.
ENGROSSED SENATE BILL NO. 5816, 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 11:27 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:30 p.m.
The Senate was called to order at 1:30 p.m. by President Owen.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Prentice, Gubernatorial Appointment No. 9077, Shirley Rector, as a member of the Lottery Commission, was confirmed.
MOTION
On motion of Senator Eide, Senator Brown was excused.
MOTION
On motion of Senator Honeyford, Senators Benton, McDonald, Rossi, Swecker, West and Winsley were excused.
APPOINTMENT OF SHIRLEY RECTOR
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 4; Excused, 8.
Voting yea: Senators Bauer, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, Wojahn and Zarelli - 37.
Absent: Senators Fairley, Hargrove, Haugen and Kohl-Welles - 4.
Excused: Senators Benton, Brown, McDonald, Rossi, Sellar, Swecker, West and Winsley - 8.
MOTION
On motion of Senator Franklin, Senators Fairley and Kohl-Welles were excused.
SECOND READING
SENATE BILL NO. 5920, by Senators Costa, Thibaudeau, Deccio, Haugen and Kohl-Welles
Including midwives in women's health care services.
The bill was read the second time.
MOTION
On motion of Senator Costa, the rules were suspended, Senate Bill No. 5920 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. 5920.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5920 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 44.
Excused: Senators Brown, Fairley, Kohl-Welles, Sellar and West - 5.
SENATE BILL NO. 5920, 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. 5343, by Senators Jacobsen, Shin, Kohl-Welles, Costa, Thibaudeau and Gardner
Requiring that school information be included in the passport provided to foster parents.
The bill was read the second time.
MOTION
On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 5343 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. 5343.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5343 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, 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 - 45.
Excused: Senators Brown, Fairley, Kohl-Welles and Sellar - 4.
SENATE BILL NO. 5343, 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. 5556, by Senators Fraser, Oke, Jacobsen, Haugen, Heavey, T. Sheldon, Winsley, Rasmussen, Patterson, Sellar, Zarelli, Roach, Stevens, Kohl-Welles, McCaslin, Thibaudeau, Honeyford, Costa, Eide, Morton, Horn and Hochstatter
Freeing the base for transfers of marine and nonhighway fuel taxes.
MOTIONS
On motion of Senator Goings, Second Substitute Senate Bill No. 5556 was substituted for Senate Bill No. 5556 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Goings, the rules were suspended, Second Substitute Senate Bill No. 5556 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 Second Substitute Senate Bill No. 5556.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5556 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 42.
Voting nay: Senators Finkbeiner, Loveland, Morton and Wojahn - 4.
Excused: Senators Fairley, Kohl-Welles and Sellar - 3.
SECOND SUBSTITUTE SENATE BILL NO. 5556, 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. 5914, by Senators Patterson, Prentice, McCaslin, Oke, Kline, Sheahan, Franklin, Shin, Goings, Haugen, Winsley and Rasmussen
Providing incentive and enforcement measures for compliance with growth management housing goals.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5914 was substituted for Senate Bill No. 5914 and the substitute bill was placed on second reading and read the second time.
Senator Horn moved that the following amendment by Senators Horn and Patterson be adopted:
Beginning on page 2, line 8, strike all of section 2
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 Horn and Patterson on page 2, line 8, to Substitute Senate Bill No. 5914.
The motion by Senator Horn carried and the amendment was adopted.
MOTION
Senator Horn moved that the following amendment by Senators Horn and Patterson be adopted:
On page 8, line 27, after "management." insert "Nothing in this section is intended to change the duties of the office of financial management under RCW 43.62.035."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Horn and Patterson on page 8, line 27, to Substitute Senate Bill No. 5914.
The motion by Senator Horn carried and the amendment was adopted.
MOTION
Senator Patterson moved that the following amendment by Senator Fairley be adopted:
On page 12, after line 29, insert the following:
"(ix) For state agencies and special purpose districts that provide public services and facilities to serve population growth, an assessment of service capabilities by each such agency or district shall be provided to the county and cities that are conducting the assessment of the availability of public services and facilities under subsection(2)(b)(viii) of this section."
MOTION
On motion of Senator Betti Sheldon, further consideration of Substitute Senate Bill No. 5914 was deferred.
President Pro Tempore Wojahn assumed the Chair.
There being no objection, the Senate resumed consideration of Senate Joint Resolution No. 8200, deferred earlier today after Senator McCaslin made the motion to substitute the joint resolution.
RULING BY THE PRESIDENT PRO TEMPORE
President Pro Tempore Wojahn: “In ruling upon the point of order raised by Senator Roach to the scope and object of Substitute Senate Joint Resolution No. 8200 offered by the Committee on Judiciary, the President finds that Senate Joint Resolution No. 8200 is a measure which concerns qualifications for supreme court, court of appeals, superior court, district court, municipal court or any other court authorized by the Legislature.
“The substitute measure requires superior court judges to have practiced law for five years.
“The President, therefore, finds that the substitute joint resolution does not change the scope and object of the bill and the point of order is not well taken.”
The President Pro Tempore declared the question before the Senate to be the motion by Senator McCaslin to substitute Senate Joint Resolution No. 8200.
The motion by Senator McCaslin carried and Substitute Senate Joint Resolution No. 8200 was substituted for Senate Joint Resolution No. 8200 and read the second time.
MOTION
Senator Hargrove moved that the following amendment be adopted:
On page 1, line 12, after "((Washington))" insert "and has served a minimum of five years as a member of the state legislature"
Debate ensued.
CALL FOR THE PREVIOUS QUESTION
Senators Snyder, Franklin and Betti Sheldon 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 adoption of the amendment by Senator Hargrove on page 1, line 12, to Substitute Senate Joint Resolution No. 8200.
The motion by Senator Hargrove failed and the amendment was not adopted.
MOTION
Senator Benton moved that the following amendment be adopted:
On page 1, line 12, after "Washington))" insert "and has worked in private industry for a minimum of five years"
CALL FOR THE PREVIOUS QUESTION
Senators Snyder, Fraser 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 adoption of the amendment by Senator Benton on page 1, line 12, to Substitute Senate Joint Resolution No. 8200.
The motion by Senator Benton failed and the amendment was not adopted.
MOTION
On motion of Senator Heavey, the rules were suspended, Substitute Senate Joint Resolution No. 8200 was advanced to third reading, the second reading considered the third and the joint 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 Substitute Senate Joint Resolution No. 8200.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Joint Resolution No. 8200 and the joint resolution passed the Senate by the following vote: Yeas, 38; Nays, 9; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, 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, Hochstatter, Johnson, Morton, Roach, Sheldon, T., Stevens, Swecker and Zarelli - 9.
Excused: Senators Fairley and Sellar - 2.
SUBSTITUTE SENATE JOINT RESOLUTION NO. 8200, having received the constitutional two-thirds majority, was declared passed.
President Owen assumed the Chair.
There being no objection, the Senate resumed consideration of Senate Bill No. 5410 and the pending striking amendment by Senator Roach, deferred earlier today
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator McAuliffe to the scope and object of the striking amendment by Senator Roach, the President finds that Senate Bill No. 5410 is a measure which does only one thing. Namely, it changes the State Board of Education from a class three to a class four group for purposes of expense reimbursement.
“The striking amendment by Senator Roach would make several changes to the law, including (1) increasing the size of the Board of Education; (2) requiring that at large members be popularly elected; (3) removing the Superintendent of Public Instruction from the State Board; and other changes.
“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 striking amendment by Senator Roach to Senate Bill No. 5410 was ruled out of order.
MOTION
On motion of Senator McAuliffe, the rules were suspended, Senate Bill No. 5410 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. 5410.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5410 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, 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, West, Winsley, Wojahn and Zarelli - 46.
Absent: Senator Thibaudeau - 1.
Excused: Senators Fairley and Sellar - 2.
SENATE BILL NO. 5410, 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. 5640, by Senators Gardner and McCaslin (by request of Secretary of State Munro)
Revising election and primary timing.
MOTIONS
On motion of Senator Goings, Substitute Senate Bill No. 5640 was substituted for Senate Bill No. 5640 and the substitute bill was placed on second reading and read the second time.
Senator Morton moved that the following amendment be adopted:
On page 3, after line 23, insert the following:
"Sec. 6. RCW 29.62.090 and 1990 c 262 s 1 are each amended to read as follows:
(1) Immediately after the official results of a state primary or general election in a county are ascertained, the county auditor or other election officer shall make an abstract of the number of registered voters in each precinct and of all the votes cast in the county at such state primary or general election for and against state measures and for each candidate for federal, state, and legislative office or for any other office which the secretary of state is required by law to canvass. The abstract shall be entered on blanks furnished by the secretary of state or on compatible computer printouts approved by the secretary of state, and transmitted to the secretary of state no later than the next business day following the certification by the county canvassing board.
(2) After each general election ((in an even-numbered year)), the county auditor or other election officer shall provide to the secretary of state a report of the number of absentee ballots cast in each precinct for and against state measures and for each candidate for federal, state, and legislative office or for any other office which the secretary of state is required by law to canvass. The report may be included in the abstract required by this section or may be transmitted to the secretary of state separately, but in no event later than March 31 of the year following the election. Absentee ballot results may be incorporated into votes cast at the polls for each precinct or may be reported separately on a precinct-by-precinct basis.
(3) If absentee ballot results are not incorporated into votes cast at the polls, the county auditor or other election official may aggregate results from more than one precinct if the auditor, pursuant to rules adopted by the secretary of state, finds that reporting a single precinct's absentee ballot results would jeopardize the secrecy of a person's ballot. To the extent practicable, precincts for which absentee results are aggregated shall be contiguous."
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 Morton on page 3, after line 23, to Substitute Senate Bill No. 5640.
The motion by Senator Morton failed and the amendment was not adopted.
MOTION
On motion of Senator Goings, the rules were suspended, Substitute Senate Bill No. 5640 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. 5640.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5640 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 11; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 36.
Voting nay: Senators Finkbeiner, Heavey, Hochstatter, Honeyford, Johnson, McCaslin, Morton, Roach, Sheldon, T., Stevens and Zarelli - 11.
Excused: Senators Fairley and Sellar - 2.
SUBSTITUTE SENATE BILL NO. 5640, 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.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5914 and the pending amendment by Senator Fairley on page 12, after line 29, which was moved by Senator Patterson before the bill was deferred earlier today.
The President declared the question before the Senate to be the adoption of the amendment by Senator Fairley on page 12, after line 29, to Substitute Senate Bill No. 5914.
The motion by Senator Patterson failed and the amendment by Senator Fairley was not adopted.
MOTIONS
On motion of Senator Kline, the following amendment by Senators Kline and Patterson was adopted:
On page 17, line 13, after "act" insert ";
(8) Subsections (5), (6), and (7) of this section apply only to a county with a population of one million five hundred thousand or more, and any city within such county"
Senator Horn moved that the following amendment be adopted:
On page 17, line 13, after "this act." insert "No sanctions may be imposed under this subsection if: (a) the failure to achieve housing goals by a county or city is due wholly or in part to the lack of enhancements to essential infrastructure by the state necessary to support such development; or, (b) the county or other regional purveyor of water or sewer services fails to make needed enhancements and provide assurances of service of such essential services to the county or city failing to achieve the housing goals."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Horn on page 17, line 13, to Substitute Senate Bill No. 5914.
The motion by Senator Horn failed and the amendment was not adopted.
MOTION
Senator Kline, moved that the following title amendment by Senators Kline and Benton be adopted:
On page 1, line 1 of the title, after "relating to" delete "enforcement and incentive measures for compliance with growth management housing goals in counties with a population of one million five hundred thousand or more" and insert "local government land use practices"
Debate ensued.
POINT OF ORDER
Senator Heavey: “Mr. President, I would challenge the scope and object of this amendment to the underlying bill. The underlying bill deals with growth management not just counties--all counties under growth management--not just counties above one point five million in people.”
Debate ensued.
RULING BY THE PRESIDENT
President Owen: “The President is prepared to rule on the scope. In his previous rulings, the President has noted that it is not the title that is relative to--or changes the scope--or that we look at in determining the substance of the bill. Therefore, an amendment to the title, would not change the scope and object of the bill.
“The point of order is not well taken.”
The title amendment by Senators Kline and Benton to Substitute Senate Bill No. 5914 was ruled in order.
The President declared the question before the Senate to be the adoption of the title amendment by Senators Kline and Benton to Substitute Senate Bill No. 5914.
Debate ensued.
The motion by Senator Kline carried and the title amendment was adopted.
MOTIONS
On motion of Senator Patterson, the following additional title amendment was adopted:
On page 1, line 4 of the title, after "36.70A.010," strike "36.70A.070,"
On motion of Senator Patterson, the rules were suspended, Engrossed Substitute Senate Bill No. 5914 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. 5914.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5914 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 18; Absent, 1; Excused, 2.
Voting yea: Senators Benton, Brown, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Johnson, Kline, Kohl-Welles, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Snyder, Stevens, Swecker, Thibaudeau, West and Zarelli - 28.
Voting nay: Senators Bauer, Costa, Eide, Franklin, Fraser, Gardner, Heavey, Horn, Long, Loveland, McAuliffe, Prentice, Roach, Rossi, Shin, Spanel, Winsley and Wojahn - 18.
Absent: Senator Jacobsen - 1.
Excused: Senators Fairley and Sellar - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5914, 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. 5779, by Senators Kline, Winsley, Fairley, Costa and Oke
Requiring additional crime prevention training for employees of evening retail establishments.
The bill was read the second time.
MOTION
Senator Kline moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 49.22.010 and 1989 c 357 s 1 are each amended to read as follows:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Department" means the department of labor and industries.
(2) "((Late night)) Evening retail establishment" means any business or commercial establishment making sales to the public between the hours of ((eleven)) eight o'clock p.m. and ((six)) seven o'clock a.m., except restaurants, hotels, taverns, or any lodging facility.
(3) "Employer" means the operator, lessee, or franchisee of ((a late night)) an evening retail establishment whose standard industrial code is "5411" or "5541" as established under the standard industrial classification manual, or the equivalent code in a successor classification as determined by the commissioner under Title 50 RCW.
Sec. 2. RCW 49.22.020 and 1989 c 357 s 3 are each amended to read as follows:
In addition to providing crime prevention training ((as provided in section 2 of this act)), all employers operating ((late night)) evening retail establishments shall:
(1) Post a conspicuous sign in the window or door which states that there is a safe on the premises and it is not accessible to the employees on the premises and that the cash register contains only the minimal amount of cash needed to conduct business: PROVIDED, That an employer shall not be subject to penalties under RCW 49.22.030 for having moneys in the cash register in excess of the minimal amount needed to conduct business;
(2) So arrange all material posted in the window or door so as to provide a clear and unobstructed view of the cash register, provided the cash register is otherwise in a position visible from the street;
(3) Have a drop-safe, limited access safe, or comparable device on the premises; and
(4) Operate the outside lights for that portion of the parking area that is necessary to accommodate customers during all night hours the ((late night)) evening retail establishment is open, if the ((late night)) evening retail establishment has a parking area for its customers.
NEW SECTION. Sec. 3. The department of labor and industries shall review and update existing rules and administrative procedures to reflect changes made by this act."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Kline to Senate Bill No. 5779.
The motion by Senator Kline carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Kline, the following title amendment was adopted:
On page 1, line 2 of the title, after "hours;" strike the remainder of the title and insert "amending RCW 49.22.010 and 49.22.020; and creating a new section."
On motion of Senator Kline, the rules were suspended, Engrossed Senate Bill No. 5779 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 Senate Bill No. 5779.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5779 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 12; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Oke, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Wojahn - 35.
Voting nay: Senators Benton, Deccio, Hale, Honeyford, Johnson, McCaslin, Morton, Roach, Rossi, Sheldon, T., West and Zarelli - 12.
Excused: Senators Fairley and Sellar - 2.
ENGROSSED SENATE BILL NO. 5779, 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. 5439, by Senators Kline, Heavey, Roach and Costa
Enacting the Washington state false claims act.
MOTIONS
On motion of Senator Heavey, Substitute Senate Bill No. 5439 was substituted for Senate Bill No. 5439 and the substitute bill was placed on second reading and read the second time.
Senator Hargrove moved that the following amendment by Senators Hargrove, Rasmussen, Johnson, McCaslin, T. Sheldon, Zarelli, Goings, Haugen, McDonald, Hale and Roach be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. This chapter may be known and cited as the "Washington state false claims act."
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Claim" means a request or demand, whether under a contract or otherwise, for money or property which is made to a government employee or official, contractor, grantee, or other recipient if a governmental entity provides any portion of the money or property which is requested or demanded, or if a governmental entity will reimburse such employee, official, contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.
(2) "False claim" means any claim that contains or is based upon a materially incorrect fact, statement, representation, or record.
(3) "Governmental entity" means the state of Washington and any political subdivision thereof. A governmental entity includes its officials and employees, acting in such capacities.
(4) "Knowing" and "knowingly" mean that a person, with respect to information, and with specific intent to defraud:
(a) Has actual knowledge of the information; or
(b) Acts in deliberate ignorance of or in reckless disregard of the truth or falsity of the information.
(5) "Person" means any individual, firm, partnership, corporation, company, association, or other legal entity whose conduct is not subject to 31 U.S.C. Sec. 3729 as now or hereafter amended, chapter 48.80 RCW, RCW 74.09.210 through 74.09.260, or 51.48.250 through 51.48.290.
(6) "Public attorney" means any person that is authorized by a governmental entity to initiate legal actions or claims on the governmental entity's behalf.
(7) "Recovery" means any money paid or to be paid pursuant to section 4 of this act as a civil penalty or damages as a result of the initiation of a civil action under section 6 of this act, whether resulting from an award of the court, from a settlement of the parties, or from an alternative remedy pursuant to section 7(5) of this act, but "recovery" shall not include attorneys' fees.
(8) "Reprisal or retaliation" has the meaning given in RCW 42.40.050.
(9) "Whistleblower" means a person who in good faith initiates, furnishes information, or otherwise participates in an investigation of, or a civil action with respect to, a wrongful act.
NEW SECTION. Sec. 3. (1) A person commits a "wrongful act" under this chapter if each of the following occurs:
(a) The person:
(i) Makes a false representation of a material, existing fact;
(ii) Knows that the representation is false or has a reckless disregard to its truth; and
(iii) Intends that the representation should be acted on by the person to whom it is made; and
(b) The person to whom the representation is made:
(i) Is ignorant of the falsity of the representation;
(ii) Justifiably relies on the truth of the representation; and
(iii) Incurs consequent damages.
(2) This chapter does not apply to any claim in which the claimant relied reasonably upon and complied with the advice, directives, bulletins, rules, or other instructions of the governmental entity to which the claim is submitted or a person who acts as counsel to the governmental entity to which the claim is submitted.
(3) In any action brought under this chapter, a governmental entity or person bringing the action shall be required to prove all the essential elements of the cause of action by clear, cogent, and convincing evidence.
(4) This chapter does not apply to any controversy that results in damages to a governmental entity that have a total value of less than one thousand dollars. For the purpose of this subsection, "controversy" means any one or more wrongful acts committed by the same person.
(5) Applicable statute of limitations shall be pursuant to RCW 4.16.080.
(6) This chapter does not apply to persons subject to the jurisdiction of chapter 42.52 RCW.
NEW SECTION. Sec. 4. (1) Except as provided in subsection (2) of this section, a person who commits a wrongful act against a governmental entity is liable to the governmental entity for (a) a civil penalty of not less than five thousand dollars and not more than ten thousand dollars; and (b) an amount equal to the damages sustained by the governmental entity as a result of the wrongful act.
(2) Notwithstanding subsection (1) of this section, a court may assess against a person who commits a wrongful act an amount the court finds reasonable considering the level of involvement of the person who commits a wrongful act but not to exceed a twenty-five percent reduction of the damages sustained by the governmental entity as a result of the wrongful act, if the court finds all of the following:
(a) The person committing the wrongful act furnished to a public attorney responsible for investigating false claims all information known to the person about the wrongful act within thirty days after the person first obtained the information;
(b) The person fully cooperated with the governmental entity's investigation of the wrongful act; and
(c) At the time the person furnished the governmental entity with the information about the wrongful act, no criminal prosecution, civil action, or administrative action had commenced under this chapter with respect to the violation, and the person did not have actual knowledge of the existence of an investigation into the wrongful act.
NEW SECTION. Sec. 5. A public attorney shall diligently investigate any allegation of a wrongful act. If the public attorney finds that a person has committed or is committing a wrongful act, the public attorney may bring a civil action against the person.
NEW SECTION. Sec. 6. (1) A person may bring a civil action for the commission of a wrongful act in the name of the person and the governmental entity. A court may only dismiss any action brought under this chapter by a person other than a public attorney if the public attorney provides the court with written consent to the dismissal. If the action is dismissed, the court shall enter an order stating the grounds for dismissal.
(2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the governmental entity under this chapter. The complaint shall be filed in camera, remain under seal for at least ninety days, and not be served on the defendant until the court orders. The governmental entity may elect to intervene and proceed with the action within ninety days after it receives both the complaint and the material evidence and information.
(3) The governmental entity may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under subsection (2) of this section. A motion may be supported by affidavits or other submissions in camera. The defendant is not required to respond to a complaint filed under this section until twenty days after the complaint is unsealed and served upon the defendant under this chapter.
(4) Before the expiration of the ninety-day period, or extensions obtained under subsection (3) of this section, the governmental entity shall:
(a) Proceed with the action, in which case the action is conducted by the governmental entity; or
(b) Notify the court that it declines to take over the action, in which case the person bringing the action has the right to conduct the action.
(5) If a person brings an action under this section, no person other than the governmental entity may intervene or bring a related action based on the facts underlying the pending action.
NEW SECTION. Sec. 7. (1) If a governmental entity proceeds with an action under section 6 of this act, it has the primary responsibility for prosecuting the action and is not bound by an act of the person bringing the action. The person has the right to continue as a party to the action, subject to the limitations set forth in subsection (2) of this section.
(2)(a) A governmental entity may petition to dismiss the action notwithstanding the objections of the person initiating the action if the person has been served with a copy of the motion for dismissal in a manner provided by law and the court has provided the person with an opportunity for a hearing on the motion.
(b) A governmental entity may settle an action with a defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under the circumstances. Upon a showing of good cause and following the provision of notice of the hearing to all parties, the hearing may be held in camera.
(c) Upon a showing by a governmental entity or a defendant that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose reasonable limitations on the person's participation, including:
(i) Limiting the number of witnesses the person may call;
(ii) Limiting the length of the testimony of the witnesses;
(iii) Limiting the person's cross-examination of witnesses; or
(iv) Otherwise limiting the participation by the person in the litigation.
(d) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.
(3) If a governmental entity elects not to proceed with the action, the person who initiated the action has the right to conduct the action. The governmental entity may request, and following such request shall be served with, copies of all pleadings filed in the action and supplied with copies of all deposition transcripts, interrogatory answers, documents produced, test results, or other discovery materials, at the governmental entity's expense for the cost of reproducing the materials. If the person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the governmental entity to intervene at a later date upon a showing of good cause.
(4) Whether or not the governmental entity proceeds with the action, upon a showing by the governmental entity that certain actions of discovery by the person initiating the action would interfere with an investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay the discovery for a period of not more than ninety days. Such a showing shall be made in camera. The court may extend the ninety-day period upon a further showing in camera that the governmental entity has pursued the criminal or civil investigation or proceedings with reasonable diligence and the proposed discovery in the civil action would interfere with the ongoing criminal or civil investigation or proceedings.
(5) Notwithstanding section 6 of this act, a governmental entity may elect to pursue a claim through an available alternate remedy, including an administrative proceeding. If an alternative remedy is undertaken, any civil actions shall be stayed and the person initiating the civil action has the same rights in the proceeding, including with respect to recoveries and costs, including reasonable attorneys' fees, as the person would have if the action had continued under this section. A finding of fact or conclusion of law made in the other proceeding that has become final is conclusive on all parties to an action under this section. For purposes of this subsection, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the state, if all time for filing an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
NEW SECTION. Sec. 8. (1) If a governmental entity proceeds with an action brought by a person under section 6 of this act, the person shall receive at least fifteen percent but not more than twenty-five percent of any recovery in an action, depending upon the extent the person substantially contributed to the prosecution of the action. If the action is one that the court finds is based primarily on disclosures of specific information, other than information provided by the person bringing the action, (a) in a criminal, civil, or administrative hearing, (b) in a legislative, administrative, or state accounting office report, hearing, audit, or investigation, or (c) from the news media, the court may award the sum it considers appropriate, but in no case more than ten percent of the recovery, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. A payment to a person under this subsection shall be made from the recovery. Any payment of any portion of a recovery that is made shall be paid first to the person until paid in full and then to the governmental entity. The person shall also receive an amount for costs, including reasonable attorneys' fees, which the court finds to have been necessarily incurred. All expenses, fees, and costs are awarded against the defendant who is found to have committed a wrongful act. Attorneys' fees and costs shall be paid prior to disbursement of any recovery.
(2) If a governmental entity does not proceed with an action under this section, the person bringing the action shall receive an amount that the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than twenty-five percent and not more than thirty percent of the recovery and is paid out of the proceeds. The person shall also receive an amount for costs, including reasonable attorneys' fees, that the court finds were necessarily incurred. All expenses, fees, and costs are awarded against the defendant who is found to have committed a wrongful act.
(3) Whether or not a governmental entity proceeds with an action, if the court finds that the action was brought by a person who planned and initiated the wrongful act upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action that the person would otherwise receive under subsection (1) or (2) of this section, taking into account the role of that person in advancing the case to litigation and relevant circumstances pertaining to the wrongful act. If the person bringing the action is convicted of criminal conduct arising from his or her role in the commission of a wrongful act, that person is dismissed from the civil action and shall receive no recovery or award. The dismissal shall not prejudice the right of the governmental entity to continue the action.
(4) If the governmental entity does not proceed with the action and the person bringing the action conducts the action, the court may award to the defendant costs, including reasonable attorneys' fees, if the defendant prevails in the action and the court finds that the claim of the person bringing the action was frivolous, vexatious, or brought primarily for purposes of harassment.
NEW SECTION. Sec. 9. In no event may a person bring an action under section 6 of this act which is based upon allegations or transactions which are the subject of a civil suit or an administrative proceeding in which the governmental entity is already a party.
NEW SECTION. Sec. 10. No governmental entity is liable for costs, including attorneys' fees, that a person incurs in bringing an action under section 6 of this act.
NEW SECTION. Sec. 11. Any person who has been subjected to workplace reprisal or retaliation as a result of being a whistleblower or an employer's belief that the person is a whistleblower has the remedies provided under chapter 49.60 RCW. Such remedies are in addition to any other remedies that the person may have under common law or statute.
Sec. 12. RCW 48.80.020 and 1995 c 285 s 25 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Claim" means any attempt to cause a health care payer to make a health care payment.
(2) "Deceptive" means presenting a claim to a health care payer that contains a statement of fact or fails to reveal a material fact, leading the health care payer to believe that the represented or suggested state of affairs is other than it actually is. For the purposes of this chapter, the determination of what constitutes a material fact is a question of law to be resolved by the court.
(3) "False" means wholly or partially untrue or deceptive.
(4) "Health care payment" means a payment for health care services or the right under a contract, certificate, or policy of insurance to have a payment made by a health care payer for a specified health care service.
(5) "Health care payer" means any insurance company authorized to provide health insurance in this state, any health care service contractor authorized under chapter 48.44 RCW, any health maintenance organization authorized under chapter 48.46 RCW, any legal entity which is self-insured and providing health care benefits to its employees, ((and)) any insurer or other person responsible for paying for health care services, and includes all governmental entities at the federal, state, or local levels.
(6) "Person" means an individual, corporation, partnership, association, or other legal entity.
(7) "Provider" means any person lawfully licensed or authorized to render any health service.
NEW SECTION. Sec. 13. A new section is added to chapter 42.52 RCW to read as follows:
(1) No state officer or state employee may:
(a) Knowingly present or cause to be presented to an agency a false claim for payment or approval;
(b) Knowingly make, use, or cause to be made or used, a false record or statement to get a false claim paid or approved;
(c) Conspire to get a false claim allowed or paid;
(d) Have in their possession, custody, or control property or money used, or to be used, by an agency and knowingly deliver, or cause to be delivered, less property than the amount for which the person received a certificate or receipt;
(e) Authorize to make or deliver a document certifying receipt of property used, or to be used, by an agency and make or deliver the receipt knowing that material information on the receipt is false;
(f) Knowingly buy, or receive as security for an obligation or debt, public property from an officer or employee of an agency, who lawfully may not sell or pledge the property; or
(g) Knowingly make, use, or cause to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit property to an agency.
(2) For the purposes of this section:
(a) "Claim" means a request or demand, whether under a contract or otherwise, for money or property which is made to a government employee or official, contractor, grantee, or other recipient if a governmental entity provides any portion of the money or property which is requested or demanded, or if a governmental entity will reimburse such employee, official, contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.
(b) "False claim" means any claim that contains or is based upon a materially incorrect fact, statement, representation, or record.
(c) "Knowing" and "knowingly" mean that a person, with respect to information, and with or without specific intent to defraud:
(i) Has actual knowledge of the information; or
(ii)Acts in deliberate ignorance of or in reckless disregard of the truth or falsity of the information.
(3) As to state officers and state employees, this section operates to the exclusion of ch___, Laws of 1999 (SSB 5439).
NEW SECTION. Sec. 14. Sections 1 through 11 of this act constitute a new chapter in Title 4 RCW."
MOTION
Senator Spanel moved that the following amendments by Senators Spanel, Long, Patterson, Kline, Johnson and McCaslin to the striking amendment by Senators Hargrove, Rasmussen, Johnson, McCaslin, T. Sheldon, Zarelli, Goings, Haugen, McDonald, Hale and Roach be considered simultaneously and be adopted:
On page 3, after line 4, insert the following: "(6) This chapter does not apply to persons subject to the jurisdiction of chapter 42.52 RCW."
On page 9, after line 2, insert the following:
"NEW SECTION. Sec. 13. A new section is added to chapter 42.52 RCW to read as follows:
(1) No state officer or state employee may:
(a) Knowingly present or cause to be presented to an agency a false claim for payment or approval;
(b) Knowingly make, use, or cause to be made or used, a false record or statement to get a false claim paid or approved;
(c) Conspire to get a false claim allowed or paid;
(d) Have in their possession, custody, or control property or money used, or to be used, by an agency and knowingly deliver, or cause to be delivered, less property than the amount for which the person received a certificate or receipt;
(e) Authorize to make or deliver a document certifying receipt of property used, or to be used, by an agency and make or deliver the receipt knowing that material information on the receipt is false;
(f) Knowingly buy, or receive as security for an obligation or debt, public property from an officer or employee of an agency, who lawfully may not sell or pledge the property; or
(g) Knowingly make, use, or cause to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit property to an agency.
(2) For the purposes of this section:
(a) "Claim" means a request or demand, whether under a contract or otherwise, for money or property which is made to a government employee or official, contractor, grantee, or other recipient if a governmental entity provides any portion of the money or property which is requested or demanded, or if a governmental entity will reimburse such employee, official, contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.
(b) "False claim" means any claim that contains or is based upon a materially incorrect fact, statement, representation, or record.
(c) "Knowing" and "knowingly" mean that a person, with respect to information, and with or without specific intent to defraud:
(i) Has actual knowledge of the information; or
(ii)Acts in deliberate ignorance of or in reckless disregard of the truth or falsity of the information.
(3) As to state officers and state employees, this section operates to the exclusion of ch___, Laws of 1999 (SSB 5439)."
Renumber the remaining section 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 Senators Spanel, Long, Patterson, Kline, Johnson and McCaslin on page 3, after line 4, and page 9, after line 2, to the striking amendment by Senators Hargrove, Rasmussen, Johnson, McCaslin, T. Sheldon, Zarelli, Goings, Haugen, McDonald, Hale and Roach to Senate Bill No. 5439.
The motion by Senator Spanel carried and the amendments to the striking amendment were adopted.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove, Rasmussen, Johnson, McCaslin, T. Sheldon, Zarelli, Goings, Haugen, McDonald, Hale and Roach, as amended, to Senate Bill No. 5439.
The striking amendment, as amended was adopted.
MOTIONS
On motion of Senator Kline, the following title amendment was adopted:
On page 1, line 1 of the title, after "government;" strike the remainder of the title and a insert "amending RCW 48.80.020; adding a new chapter to Title 4 RCW; adding a new section to chapter 43.52 RCW; and prescribing penalties."
On motion of Senator Kline, the rules were suspended, Engrossed Substitute Senate Bill No. 5439 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 Engrossed Substitute Senate Bill No. 5439.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5439 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; 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, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Excused: Senator Sellar - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5439, 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, the Senate advanced to the ninth order of business.
MOTION
On motion of Senator Snyder, the Committee on Rules was relieved of further consideration of Senate Bill No. 6048.
MOTION
On motion of Senator Snyder, the rules were suspended and Senate Bill No. 6048 was advanced to second reading and placed on the second reading calendar.
MOTION FOR RECONSIDERATION
Having served prior notice on March 16, 1999, Senator Goings moved to reconsider the vote by which Engrossed Senate Bill No. 5704 failed to pass the Senate.
The President declared the question before the Senate to be the motion by Senator Goings to reconsider the vote by which Engrossed Senate Bill No. 5704 failed to pass the Senate.
The motion for reconsideration of Engrossed Senate Bill No. 5704 carried on a rising vote.
MOTION
On motion of Senator Snyder, Engrossed Senate Bill No. 5704 was held on the third reading calendar.
MOTION
On motion of Senator Snyder, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 5097, by Senators Haugen, Honeyford, Gardner, Patterson, Bauer, Rasmussen, McCaslin, Hale, Sellar, Benton, Swecker, Winsley, Eide, Prentice and Roach
Transferring the office of archaeology and historic preservation from the department of community, trade, and economic development to the office of the secretary of state.
The bill was read the second time.
MOTION
Senator Wojahn moved that the following striking amendment by Senators Wojahn and Haugen be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) A task force to study the issue of the office of archaeology and historic preservation is created.
(2)(a) The task force shall develop a single recommendation for consideration by the legislature and the governor on the issue of the location of the office of archaeology and historic preservation within state government. The recommended location shall maximize the office of archaeology and historic preservation's stature, visibility, accessibility, and delivery of service state-wide in the context of its critical role as an important link among downtown and neighborhood revitalization efforts, the cultural tourism movement, rural economic development initiatives, and the preservation of the structures and sites that still remain as the legacy of Washington's rich and diverse heritage.
(b) The task force shall consider and include in its recommendation how best both to realize the potential of the office of archaeology and historic preservation to generate revenue from services it could provide in international, national, state, local, and private venues and also how best to achieve adequate funding from all funding sources to assure that the office of archaeology and historic preservation can provide the best possible service to the citizens of the state.
(3)(a) There shall be eleven members of the task force as follows: One member shall be the state historic preservation officer or his or her designee; two members shall be representatives of state agencies; two members shall be representatives of local governments; there shall be one representative each from the Washington state historical society, the eastern Washington state historical society, the Washington trust for historic preservation, and Indian tribes; and two members shall be representatives of the private sector who have experience in preservation of historic buildings or archaeological sites or who have particular interest in the issue of preservation of historic buildings and archaeological sites.
(b) The state historic preservation officer shall be the chair of the task force.
(c) Staff support shall be provided from the department of community, trade, and economic development.
(3) The task force shall report to appropriate committees of the legislature and the governor by January 1, 2000.
(4) This section expires June 30, 2000."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Wojahn and Haugen to Senate Bill No. 5097.
The motion by Senator Wojahn carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 2 of the title, after "preservation;" strike the remainder of the title and insert "creating a new section; and providing an expiration date."
On motion of Senator Haugen, the rules were suspended, Engrossed Senate Bill No. 5097 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 Engrossed Senate Bill No. 5097.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5097 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; 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, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Excused: Senator Sellar - 1.
ENGROSSED SENATE BILL NO. 5097, 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.
SPECIAL ORDER OF BUSINESS
On motion of Senator Snyder, Engrossed Senate Bill No. 5704, on reconsideration, will be made a special order of business at 4:55 p.m. today.
SECOND READING
SENATE BILL NO. 5371, by Senators Jacobsen, Horn, Haugen, Franklin, Costa and Kohl-Welles (by request of Department of Transportation)
Developing intercity passenger rail service.
The bill was read the second time.
MOTION
Senator McDonald moved that the following amendment be adopted:
On page 2, after line 16, insert the following:
"NEW SECTION. Sec. 4. The department may develop intercity passenger rail service only in areas where the department first determines that existing highways and roads are at or above the use capacity for which they were designed.”
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 McDonald on page 2, after line 16, to Senate Bill No. 5371.
The motion by Senator McDonald failed and the amendment was not adopted.
MOTION
On motion of Senator Benton, the following amendment was adopted:
On page 2, after line 16, strike all of Section 4, lines 17 through 20
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 2 of the title, after "RCW" strike the remainder of the title through "emergency"
On motion of Senator Haugen, the rules were suspended, Engrossed Senate Bill No. 5371 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 Engrossed Senate Bill No. 5371.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5371 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 13; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 35.
Voting nay: Senators Benton, Finkbeiner, Hochstatter, Honeyford, Johnson, McDonald, Morton, Oke, Roach, Rossi, Stevens, West and Zarelli - 13.
Excused: Senator Sellar - 1.
ENGROSSED SENATE BILL NO. 5371, 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. 5260, by Senators Kline, Johnson and Thibaudeau
Amending the equal access to justice act.
MOTIONS
On motion of Senator Heavey, Substitute Senate Bill No. 5260 was substituted for Senate Bill No. 5260 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. 5260 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. 5260.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5260 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, 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.
Voting nay: Senator Honeyford - 1.
Excused: Senator Sellar - 1.
SUBSTITUTE SENATE BILL NO. 5260, 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.
There being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 5730, deferred on second reading earlier today after an amendment by Senator Honeyford on page 2, line 29, was adopted.
MOTION
Senator Rasmussen moved that the following striking amendment by Senators Rasmussen, Swecker, Fraser and Morton be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.95.215 and 1985 c 436 s 1 are each amended to read as follows:
(1) ((By July 1, 1987,)) Each holder or applicant of a permit for a landfill disposal facility issued under this chapter shall establish a reserve account to cover the costs of closing the facility in accordance with state and federal regulations. The account shall be designed to ensure that there will be adequate revenue available by the projected date of closure. Landfill disposal facilities maintained on private property for the sole use of the entity owning the site shall not be required to establish a reserve account if, to the satisfaction of the department, they provide another form of financial assurance adequate to comply with the requirements of this section.
(2) ((By July 1, 1986,)) The department shall adopt rules ((under chapter 34.05 RCW)) to implement subsection (1) of this section. The rules shall include but not be limited to:
(a) Methods to estimate closure costs, including postclosure monitoring, pollution prevention measures, and any other procedures required under state and federal regulations;
(b) Methods to ensure that reserve accounts receive adequate funds, including:
(i) Requirements that the reserve account be generated by user fees. However, the department may waive this requirement for existing landfills if user fees would be prohibitively high;
(ii) Requirements that moneys be placed in the reserve account on a regular basis and that the reserve account be kept separate from all other accounts; and
(iii) Procedures for the department to verify that adequate sums are deposited in the reserve account; and
(c) Methods to ensure that other types of financial assurance provided in accordance with subsection (1) of this section are adequate to cover the costs of closing the facility.
(3) In addition to the reserve account required under subsections (1) and (2) of this section, each holder or applicant for a new, above-ground landfill disposal facility shall demonstrate sufficient financial capability in the form of a surety bond to provide for any temporary or permanent facility clean up and closure due to any unforeseen emergency event including, but not limited to, a geologic or weather-related event or fire, that results in a breach of integrity of the landfill. This financial assurance requirement shall be incorporated as a condition of the permit issued for the facility by the jurisdictional health department. The condition shall be jointly reviewed and approved by the department of ecology and the jurisdictional health department.
For purposes of this subsection, new, above-ground landfill disposal facilities are those: (a) That as designed and when completed will exceed one hundred acres; (b) whose horizontal height at design capacity averages one hundred feet or more above existing site elevations; and (c) no part or unit of which has had construction commence before the effective date of this section.
NEW SECTION. Sec. 2. 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 immediately."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Rasmussen, Swecker Fraser and Morton to Second Substitute Senate Bill No. 5730.
The motion by Senator Rasmussen carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Fraser, the following title amendment was adopted:
On page 1, line 2, of the title, after "landfills;" strike the remainder of the title and insert "amending RCW 70.95.215; and declaring an emergency."
Senator Fraser moved that the rules be suspended and Engrossed Second Substitute Senate Bill No. 5730 be advanced to third reading, the second reading considered the third and the bill be placed on final passage.
OBJECTION TO ADVANCE BILL TO THIRD READING
Senator Honeyford: “An objection, under Rule 62--that we have an additional day to study this amendment--or three days, excuse me.”
REPLY BY THE PRESIDENT
President Owen: “What rule are you citing, Senator Honeyford?”
Senator Honeyford: “Rule 62.”
President Owen: “Thank you.”
EDITOR'S NOTE; Rule 62 states: 'Every bill shall be read on three separate days unless the senate deems it expedient to suspend this rule. On and after the tenth day preceding adjournment sine die of any session, or three days prior to any cut-off date for consideration of bills, as determined pursuant to Article 2, Section 12 of the Constitution or concurrent resolution, this rule may be suspended by a majority vote.'
RULING BY THE PRESIDENT
President Owen: “The motion before the Senate is a motion to suspend the rules and advance to third reading, which would suspend that rule. Therefore, Senator Honeyford is asking for a vote on the suspension of the rules, the President believes.”
POINT OF ORDER
Senator Snyder: “A point of order, Mr. President. To suspend the rules today, how many votes does it take?”
RULING BY THE PRESIDENT
President Owen: “A simple majority of those voting, Senator.”
Senator Snyder: “A simple majority meaning a majority of those voting?”
President Owen: “That is correct.”
Senator Snyder: “Thank you.”
The President declared the question before the Senate to be the motion by Senator Fraser that the rules be suspended and Engrossed Second Substitute Senate Bill No. 5730 be advanced to third reading, the second reading considered the third and the bill be placed on final passage.
The objection by Senator Honeyford failed and the rules were suspended and Engrossed Second Substitute Senate Bill No. 5730 was advanced to third reading and final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5730.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5730 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Zarelli - 31.
Voting nay: Senators Deccio, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Sheldon, T., West, Winsley and Wojahn - 17.
Excused: Senator Sellar - 1.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5730, 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. 5337, by Senators Kohl-Welles, Heavey, McCaslin, Costa and Thibaudeau
Broadening actions for employment discrimination.
The bill was read the second time.
MOTIONS
On motion of Senator Kohl-Welles, the following striking amendment by Senators Kohl-Welles, Heavey, McCaslin and Johnson was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that competitiveness in Washington state suffers whenever any worker is unable to achieve his or her maximum potential because of discrimination in the workplace, regardless of whether the employer is large or small. The legislature also finds that state discrimination laws must provide greater certainty and predictability to employers and employees affected by the requirements, and must recognize the unique needs of small businesses. Employers and employees deserve a fair, expeditious, and cost-effective resolution of disputes and also deserve to be made aware of their rights and responsibilities under the laws.
NEW SECTION. Sec. 2. (1) A task force is created to study and make recommendations where applicable on the following issues, relating to the subject of employment discrimination:
(a) The historical evolution of laws in Washington state and laws enacted at the federal level to address the issue of employment discrimination;
(b) Existing laws and administrative procedures utilized at the federal, state, and local levels to address the issue of employment discrimination;
(c) Administrative practices and procedures employed by the state human rights commission, and case trend data, employed by the commission to process claims of discrimination and assist employers and employees;
(d) An analysis of options in Washington state and other states which encourage fair, expeditious, and cost-effective resolution of employment discrimination cases;
(e) Changes required in existing laws and procedures which will assure that all workers alleging employment discrimination shall have a resolution of the allegation and, where appropriate, a remedy which is fair, expeditious, and cost-effective;
(f) Changes to existing laws and procedures which: (i) Are fair, expeditious, and cost-effective; (ii) will provide greater predictability and certainty to employers; and (iii) address the unique needs and limitations of small businesses; and
(g) Education, training, and public relation options for assuring that employees and employers have improved understanding of their rights and obligations under the state employment discrimination laws.
(2) The task force shall be composed of ten members as follows:
(a) Two members each from the senate and the house of representatives, one each from each of the two largest caucuses in each chamber. The president of the senate shall appoint the two members of the task force from the senate. The co-speakers of the house of representatives shall appoint the two members of the task force from the house of representatives; and
(b) Six members, to be appointed jointly by the president of the senate and the co-speakers of the house of representatives, three of whom shall represent Washington businesses, from a list of names recommended by major state-wide organizations of employers representing a cross-section of businesses in the state, including small businesses and three of whom shall represent protected classes of workers, from a list submitted by major state-wide organizations representing these classes.
(3) All state and local government agencies, including the human rights commission, shall provide information and assistance to the task force.
(4) Senate committee services and the office of program research shall provide staff to support the task force.
(5) The task force shall submit its study and recommendations to the governor and legislature not later than November 15, 1999."
On motion of Senator Kohl-Welles, the following title amendment was adopted:
On page 1, line 1 of the title, after "discrimination;" strike the remainder of the title and insert "and creating new sections."
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, Engrossed Senate Bill No. 5337 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 Engrossed Senate Bill No. 5337.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5337 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, 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, Thibaudeau, Winsley, Wojahn and Zarelli - 42.
Voting nay: Senators Hochstatter, Honeyford, Horn, Morton, Swecker and West - 6.
Excused: Senator Sellar - 1.
ENGROSSED SENATE BILL NO. 5337, 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. 5584, by Senators Fraser and Winsley (by request of Department of Revenue)
Preventing the use of step transactions to avoid real estate excise tax.
The bill was read the second time.
MOTION
On motion of Senator Loveland, the rules were suspended, Senate Bill No. 5584 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. 5584.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5584 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; 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, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48. Excused: Senator Sellar - 1. SENATE BILL NO. 5584, 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. 6048, by Senators Haugen, Hochstatter, Loveland, T. Sheldon, Oke, Goings, Rasmussen and Hale (by request of Department of Labor and Industries)
Creating a retrospective rating plan.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 6048 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. 6048.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6048 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, 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, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46. Voting nay: Senators Fairley and Loveland - 2. Excused: Senator Sellar - 1. SENATE BILL NO. 6048, 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 FOR RECONSIDERATION
Senator Snyder: “Having voted on the prevailing side, I move to immediately reconsider the vote by which Senate Bill No. 6048 passed the Senate. I would like to give an explanation.”
President Owen: “Senator Snyder has moved to immediately reconsider the vote by which Senate Bill No. 6048 passed the Senate.”
Senator Snyder: “There was a mistake on the reader board and it said 'Senate Bill No. 6051.' One of our members looked at the reader board and voted in a way in which they did not wish to vote, so if we could reconsider, we could have another vote and give that member the opportunity to vote the correct way. I would appreciate it.”
PARLIAMENTARY INQUIRY
Senator Zarelli: “A point of inquiry, does that mean that we didn't just vote for Senate Bill No. 6051 and that we were in fact voting for Senate Bill No. 6048?”
REPLY BY THE PRESIDENT
President Owen: “That is correct.”
The President declared the question before the Senate to be the motion by Senator Snyder to immediately reconsider the vote by which Senate Bill No. 6048 passed the Senate.
The motion by Senator Snyder carried and the Senate will immediately reconsider the vote by which Senate Bill No. 6048 passed the Senate.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6048, on reconsideration.
.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6048, on reconsideration, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, 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 - 46. Voting nay: Senators Fairley and Heavey - 2. Excused: Senator Sellar - 1. SENATE BILL NO. 6048, on reconsideration, 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.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5750 and the pending amendment by Senator Sellar on page 1, line 11, moved by Senator Benton on March 16, 1999.
The President declared the question before the Senate to be the adoption of the amendment by Senator Sellar on page 1, line 11, to Substitute Senate Bill No. 5750.
Debate ensued.
The amendment by Senator Sellar on page 1, line 11, to Substitute Senate Bill No. 5750 was adopted.
MOTION
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5750 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. 5750.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5750 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; 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, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48. Excused: Senator Sellar - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 5750, 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. 5661, by Senators Rasmussen and Honeyford (by request of Department of Revenue)
Providing clarification and administrative simplification for the leasehold excise tax.
MOTIONS
On motion of Senator Loveland, Substitute Senate Bill No. 5661 was substituted for Senate Bill No. 5661 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Wojahn, the following amendment was adopted:
On page 5, after line 26, strike all of section 3
MOTIONS
On motion of Senator Loveland, the following title amendment was adopted:
On page 1, on line 2 of the title, strike ", 82.29A.020, and 82.29A.130" and insert "and 82.29A.020"
On motion of Senator Loveland, the rules were suspended, Engrossed Substitute Senate Bill No. 5661 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 Engrossed Substitute Senate Bill No. 5661.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5661 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; 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, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48. Excused: Senator Sellar - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5661, 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 Heavey was excused.
SECOND READING
SENATE BILL NO. 5205, by Senators Morton, Rasmussen, Stevens, T. Sheldon, Honeyford, Sellar and Swecker
Changing provisions relating to the prevention of cruelty to animals.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 5205 was substituted for Senate Bill No. 5205 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kohl-Welles, the following amendment by Senators Kohl-Welles and Rasmussen was adopted:
On page 2, line 1, after "prudent" strike "animal owner" and insert "person"
MOTION
On motion of Senator Rasmussen, the rules were suspended, Engrossed Substitute Senate Bill No. 5205 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. 5205.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5205 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 13; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Eide, Finkbeiner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Johnson, Kohl-Welles, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, West, Winsley and Zarelli - 34. Voting nay: Senators Costa, Fairley, Franklin, Fraser, Gardner, Horn, Jacobsen, Kline, McAuliffe, Prentice, Spanel, Thibaudeau and Wojahn - 13. Excused: Senators Heavey and Sellar - 2. ENGROSSED SUBSTITUTE SENATE BILL NO. 5205, 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. 5583, by Senators Franklin, Fairley and Kline
Prohibiting employers from not providing benefits to employees.
MOTIONS
On motion of Senator Franklin, Substitute Senate Bill No. 5583 was substituted for Senate Bill No. 5583 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Franklin, the rules were suspended, Substitute Senate Bill No. 5583 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
Senator West moved that the Senate immediately consider Senate Bill No. 5489.
POINT OF ORDER
Senator Snyder: “A point of order, Mr. President. I believe the time is 4:55 and we have a special order of business at this time.”
REPLY BY THE PRESIDENT
President Owen: “Senator Snyder, according to our clock here, it is 4:53 and 46 seconds, 47, 48 seconds. We have the clock right here that we go by.”
Senator Snyder: “We have two here that both say, '4:55.'”
REMARKS BY SENATOR WEST
Senator West: “Mr. President, I would like to ask the Senate to immediately consider Senate Bill No. 5489. 5489 is the vehicle wash services/tax. It is the tax that we have considered for several years here. We actually passed it once through the Legislature and it arrived on the Governor's desk. In the form that it was in at that time, the Governor vetoed it. This is a significantly different bill. It makes several accommodations for environmental quality--I think in the year of the salmon, it is an important bill. I think that the Senate should immediately consider this bill and not allow it to die on the calendar today.”
REPLY BY THE PRESIDENT
President Owen: “Senator Snyder, it is 4:55 and you have a special order of business at 4:55.”
.
PARLIAMENTARY INQUIRY
Senator Snyder: “A point of parliamentary inquiry, Mr. President. We were presently on Substitute Senate Bill No. 5583. After we finish our special order of business at 5:00, will we permitted to go back and finish the debate and roll call on Substitute Senate Bill No. 5583?”
REPLY BY THE PRESIDENT
President Owen: “Senator Snyder, we will have to take a moment to take a look at this.”
REMARKS BY SENATOR WEST
Senator West: “Mr. President, I believe that we were in the midst of a debate on Senate Bill No. 5489, as to whether we would consider that. That would be the order of business that we were debating at the time that you declared it was 4:55.”
REPLY BY THE PRESIDENT
President Owen: “Senator West, that is what we researching.”
RULING BY THE PRESIDENT
President Owen: “Senator Snyder, in response to your inquiry, in looking at Rule 18, as it has been rewritten, it says, 'That if a cutoff established by concurrent resolution occurs during the special order, the senate may complete the order of business that was before the senate when consideration of the special order was commenced.' It says 'the senate may complete the order of business that was before the senate.' Excuse me, just one second.
“The President is going to read Rule 18: 'The president shall call the senate to order at the hour fixed for the consideration of a special order,' which I did, 'and announce that the special order is before the senate, which shall then be considered unless it is postponed by a majority vote of the members present, and any business before the Senate at the time of the announcement of the special order shall take its regular position in the order of business, except that if a cutoff established by concurrent resolution occurs during the special order, the senate may complete the order of business that was before the senate when consideration of the special order was commenced.' What we were on--it says, 'any business'--was the motion by Senator West to immediately consider Senate Bill No. 5489.
“Therefore, the President rules that we may go back to the consideration of Senator West's motion, following the special order of business and go back to his motion only.”
REMARKS BY SENATOR SNYDER
Senator Snyder: “Well, thank you, Mr. President. Maybe it isn't timely, but I would--a point of parliamentary inquiry.”
President Owen: “State your parliamentary inquiry.”
PARLIAMENTARY INQUIRY
Senator Snyder: “Not having a copy of the new rules in front of us, and I know that was an amendment we made at your request, but when you say 'return to the item that we were considering,' I think the item we were considering was the bill. I believe that probably Senator West's motion was out of order, because I don't think he can make a motion that he made, to consider that bill, at the time when we are considering a bill. He would have to do it after the completion of that bill.”
REPLY BY THE PRESIDENT
President Owen: “We are looking--”
REMARKS BY SENATOR WEST
Senator West: “Mr. President, as I understand it, Senator Snyder has raised a point of parliamentary inquiry suggesting that we cannot make a motion to immediately consider a bill while another bill is pending. The good Senator from the Nineteenth District has made that motion himself many times over the years that he has been in the Senate--while other bills have been pending. So, I think you will find if you studied the Journal--you would find several times that that motion has been made and accepted by the Senate. I don't think there is anything in the rules that prohibits the making of such a motion--either our rules or Reed's Rules.”
RULING BY THE PRESIDENT
President Owen: “In response to the various inquiries, the President believes that the passage of Senator West's motion would allow consideration of Senate Bill No. 5489 only following the special order of business. If the motion is defeated, the President believes that following the special order of business--if the motion is defeated--the President believes that the spirit of the rule was intended to allow the main question pending before his motion was made--that the main question pending would be considered, which is Substitute Senate Bill No. 5583.
“The President would so rule.
“The President would ask that the Senators provide, prior to the end of the session, possibly, a further clarification that the main question before the body be able to be taken up following the special order of business--not incidental motions.”
SPECIAL ORDER OF BUSINESS
There being no objection, the President advanced the Senate to the seventh order of business.
The Senate resumed consideration of Engrossed Senate Bill No. 5704, on reconsideration.
MOTION
On motion of Senator Thibaudeau, the rules were suspended and Engrossed Senate Bill No. 5704, on reconsideration, was returned to second reading and read the second time.
MOTION
Senator Long moved that the following amendment by Senators Long, Kohl-Welles, Sheahan and Hargrove be adopted:On page 1, strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 69.51A RCW to read as follows:
(1) The department of health shall adopt rules to implement this chapter. In doing so, the department shall consult with, among others, the Washington State Medical Association, the Washington Association of Prosecuting Attorneys, the Washington Council of Police and Sheriffs, and the Washington Association of Sheriffs and Police Chiefs.
(2) The department's authority to adopt or amend rules under this section expires two years after the effective date of this act."
Debate ensued
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Long, Kohl-Welles, Sheahan and Hargrove to Engrossed Senate Bill No. 5704, on reconsideration.
The motion by Senator Long carried and the striking amendment was adopted.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Second Engrossed Senate Bill No. 5704, on reconsideration, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Deccio, Senators Roach and West were excused.
The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Senate Bill No. 5704, on reconsideration.
ROLL CALL
The Secretary called the roll on the final passage of Second Engrossed Senate Bill No. 5704, on reconsideration, and the bill passed the Senate by the following vote: Yeas, 33; Nays, 12; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 33. Voting nay: Senators Benton, Finkbeiner, Hale, Honeyford, Johnson, McDonald, Morton, Oke, Rossi, Stevens, Swecker and Zarelli - 12. Excused: Senators Heavey, Roach, Sellar and West - 4. SECOND ENGROSSED SENATE BILL NO. 5704, on reconsideration, having received the constitutional two-thirds 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 Honeyford, Senator Rossi was excused.
The President declared the question before the Senate is the pending motion by Senator West to immediately consider Senate Bill No. 5489.
The motion by Senator West failed and the Senate will not consider Senate Bill No. 5489 at this time.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5583, which was under consideration before the motion by Senator West to immediately consider Senate Bill No. 5489 and for the special order of business on Engrossed Senate Bill No. 5704.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5583.
Debate ensued.
POINT OF INQUIRY
Senator Winsley: “Senator Loveland, as I've read this bill and looked in the calendar for today and I've heard the testimony and I've also
talked to several people, does this do as Senator Kohl-Welles has mentioned apply to part-time faculty and if it does--I don't know the number of part-time faculty in our state--but my question to you is are you prepared if this bill passes to pick up the medical for those part-time faculty in our budget, because this is a big issue? I think we are looking at this from the private sector. I heard Microsoft and Boeing mentioned, but I look at this as to what this is going to cost the state of Washington. If we are going to give medical insurance coverage as a mandate, as a benefit, to a part-time faculty, are you prepared for that?”
Senator Loveland: “Senator, if this bill passes, I will be required to do the letter of the law.”
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5583 and the bill failed to pass the Senate by the following vote: Yeas, 24; Nays, 20; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Haugen, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 24. Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Sheahan, Sheldon, T., Stevens, Swecker, Winsley and Zarelli - 20. Excused: Senators Heavey, Roach, Rossi, Sellar and West - 5. SUBSTITUTE SENATE BILL NO. 5583, having failed to receive the constitutional majority, was declared lost.
MOTION
At 5:39 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Thursday, March 18, 1999.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate