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THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, May 19, 1999
The Senate was called to order at 10:00 a.m. by President Pro Tempore Wojahn. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present.
The Sergeant at Arms Color Guard consisting of Pages Peter Easling and Ryan Bates, presented the Colors. Reverend Doug Dornhecker, pastor of the First Christian Church of Olympia, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
INTRODUCTION AND FIRST READING
SB 6113 by Senators Honeyford, Costa, Horn, McCaslin and Patterson
AN ACT Relating to corporation and partnership names; and amending RCW 23B.04.010, 23B.15.060, 24.03.045, 24.06.045, 25.05.505, 25.10.020, 25.15.010, and 25.15.045.
Referred to Committee on Judiciary.
MOTION
On motion of Senator McAuliffe, the following resolution was adopted:
SENATE RESOLUTION 1999-8690
By Senators McAuliffe, Eide, B. Sheldon, Johnson, Swecker, T. Sheldon, Zarelli, Bauer, Goings, Kohl-Welles and Wojahn
WHEREAS, High academic standards in school will help prepare Washington's students for a world of constant change and innovation; and
WHEREAS, The Commission on Student Learning has worked since 1992 to raise academic standards for students and schools, create new assessments, and lead the entire K-12 school system in Washington toward greater accountability; and
WHEREAS, The Commission on Student Learning forged partnerships with thousands of educators, parents, professionals, business people, and parents to join together in support of student learning; and
WHEREAS, The Commission on Student Learning skillfully brought organizations and interest groups together in support of common goals and objectives and helped achieve remarkably broad agreement regarding education reform; and
WHEREAS, The Commission on Student Learning has informed, empowered, and inspired thousands of educators across the state to embrace and achieve the ambitious goals of Washington's education reform law;
WHEREAS, Commissioners Charles Collins, Terry Bergeson, Millard Battles, Brian Benzel, Pam Carter, Gary Gainer, Booth Gardner, Roberta Krause, Ivory Nelson, C.T. Purdom, John Traynor, Kathleen Anderson, Adelina Gonzalez, and John Lucero have shown unmatched energy and commitment to the education of all children and have set an example to which all public servants aspire; and
WHEREAS, The Commission on Student Learning will terminate on June 30, 1999, and leave Washington's public education system better able to equip students with the knowledge and skills essential for their future;
NOW, THEREFORE, BE IT RESOLVED, That the Senate gratefully acknowledges the work completed by the Washington Commission on Student Learning on behalf of all students in Washington State; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to each of the commissioners on the Washington Commission on Student Learning.
MOTION
At 10:09 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 2:45 p.m. by President Pro Tempore Wojahn.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGES FROM THE HOUSE
May 19, 1999
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE Bill No. 2091 and passed the bill as amended by the Senate.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
May 19 , 1999
MR. PRESIDENT:
The Co-Speakers have signed:
ENGROSSED HOUSE BILL NO. 2297,
HOUSE BILL NO. 2303, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED HOUSE BILL NO. 2297,
HOUSE BILL NO. 2303.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 6114 by Senators Deccio, West, T. Sheldon, Rossi, Heavey, Hargrove, Haugen, Rasmussen, Winsley, McCaslin, Honeyford and Horn
AN ACT Relating to the insurance commissioner; amending RCW 43.01.010, 48.02.010, 43.17.020, and 42.17.2401; and reenacting and amending RCW 43.17.010.
Referred to Committee on State and Local Government.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
May 18, 1999
MR. PRESIDENT:
The House has passed SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5595 with the following amendment(s):
On page 3, after line 21, strike everything down to and including "private entities." on page 4, line 22 and insert the following:
"(((3))) (4) "Habitat project list" is the list of habitat projects resulting from the critical pathways methodology under RCW 75.46.070(2) that shall receive consideration for funding by the salmon recovery funding board. Each project on the list must have a written agreement from the landowner on whose land the project will be implemented, and must be based on the limiting factors analysis conducted in RCW 75.46.070 when completed.
(5) "Habitat projects" or "projects" include but are not limited to habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation projects, and habitat project corrective maintenance and monitoring activities. Projects that include the use of side channels, off-stream rearing enhancement, improvement in overwintering habitat, or use of acclimation ponds shall receive consideration for funding.
(((4))) (6) "Habitat work schedule" means those projects from the habitat project list that will be implemented during the current funding cycle. The schedule shall also include a list of the entities and individuals implementing projects, the start date, duration, estimated date of completion, estimated cost, and funding sources for the projects.
(((5))) (7) "Limiting factors" means conditions that limit the ability of habitat to fully sustain populations of salmon. ((These factors are primarily fish passage barriers and degraded estuarine areas, riparian corridors, stream channels, and wetlands.
(6))) (8) "Listed stocks" means salmon and trout stocks that are listed or proposed for listing as threatened or endangered under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq.
(9) "Project sponsor" is a county, city, special district, tribal government, state agency, a combination of such governments through interlocal or interagency agreement ((s provided under chapter 39.34 RCW)), a nonprofit organization, or one or more private citizens.
(((7))) (10) "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production except for Atlantic salmon.
(11) "Salmon recovery activities" or "activities" includes but is not limited to habitat protection or restoration activities by local governments, tribes, other public entities, and private entities."
On page 8, line 15, after "funding." insert "The board shall determine an equitable minimum amount of funds for each region, and shall distribute the remainder of funds on a competitive basis."
On page 9, line 11, after "team," strike everything down to and including "projects" on line 30 and insert "and shall include members representing the private sector. Members of the technical review team shall have an educational and professional scientific background in salmonids, salmonid habitat, or related fields. The members of the technical review team shall not serve any fixed term. The numbers of members of the technical review team may be increased or decreased depending on the need for scientific expertise, but the technical review team must always consist of at least five members. Administrative support for the technical review team is provided by the department of fish and wildlife. Assignments and direction to the technical review team shall be made by the chair of the technical review team. The chair of the technical review team shall be designated by the members of the team.
(2) The technical review team is responsible for receiving habitat project lists submitted by lead entities under RCW 75.46.060, for screening and ranking projects on such lists, for providing its ranking of projects, within categories on a statewide basis, to the board", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MOTION
On motion of Senator Jacobsen, the Senate concurred in the House amendments to Second Engrossed Second Substitute Senate Bill No. 5595.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Engrossed Second Substitute Senate Bill No. 5595, as amended by the House.
MOTION
On motion of Senator Deccio, Senator Johnson was excused.
ROLL CALL
The Secretary called the roll on the final passage of Second Engrossed Second Substitute Senate Bill No. 5595, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 9; Absent, 1; Excused, 1.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 38.
Voting nay: Senators Benton, Deccio, Hochstatter, McCaslin, Morton, Roach, Sheahan, Stevens and Zarelli - 9.
Absent: Senator Sellar - 1.
Excused: Senator Johnson - 1.
SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5595, as amended by the House, 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 McCaslin: “A point of personal privilege, Madam President. We are honored today by a gentleman’s birthday. I understand it is around sixty something. He is young enough to be my son, one of the very, very fine people--one of the greatest speakers, orators, this body has been blessed with. I am, of course, referring to--no not you, Dan--I am referring to my seatmate here to my right, the Honorable Senator Bob Morton from the Seventh District. Shall we give him a hand?”
MESSAGE FROM THE HOUSE
May 18, 1999
MR. PRESIDENT:
The Co-Speakers have signed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2091, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2091.
MOTION
At 3:21 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 4:27 p.m. by President Pro Tempor e Wojahn.
MOTION
At 4:28 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 4:43 p.m. by President Pro Tempore Wojahn.
MOTION
On motion of Senator Spanel, the Senate advanced to the seventh order of business.
MOTION
On motion of Senator Eide, Senators Franklin, Loveland, Betti Sheldon and Thibaudeau were excused.
THIRD READING
ENGROSSED SENATE BILL NO. 5163, by Senators Brown, Kohl-Welles, Patterson, Wojahn and Eide
Modifying good cause reasons for failure to participate in WorkFirst program components.
The bill was read the third time.
Debate ensued.
POINT OF INQUIRY
Senator Benton: “Senator Brown, can you tell me when we discussed this bill in the regular session, there was an amendment, I recall, that was passed and adopted to this bill that adjusted the time frame and created a moratorium, I think. Could you refresh my memory as to what that amendment was and whether or not that amendment is still attached to this bill?”
Senator Brown: “Yes, Senator Benton, as a matter of fact, that is correct. The amendment that we attached is on the bill and what the amendment does is keep the status quo in place for two more years, pending an investigation by DSHS of the availability of infant childcare in this state. So, the amendment that was offered from Senator Hale is on the bill in its form at this time.”
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5163.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5163 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 11; Absent, 1; Excused, 5.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Sellar, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Swecker, West, Winsley and Wojahn - 32.
Voting nay: Senators Benton, Deccio, Hochstatter, Honeyford, Horn, McDonald, Morton, Roach, Rossi, Stevens and Zarelli - 11.
Absent: Senator Jacobsen - 1.
Excused: Senators Franklin, Johnson, Loveland, Sheldon, B. and Thibaudeau - 5.
ENGROSSED SENATE BILL NO. 5163, 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.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Finkbeiner served notice that he would move to reconsider the vote by which Engrossed Senate Bill No. 5163 passed the Senate.
MOTION TO IMMEDIATELY CONSIDER
Senator Snyder moved to immediately reconsider the vote by which Engrossed Senate Bill No. 5163 passed the Senate.
Debate ensued.
RULING BY THE PRESIDENT PRO TEMPORE
President Pro Tempore Wojahn: “The Chair is going to rule that we can do it on the next working day, so be ready to stay here all night. At 12:01, we can take up this bill again.”
PARLIAMENTARY INQUIRY
Senator West: “A parliamentary inquiry, Madam President. Is it required that we adjourn prior to having the next legislative day?”
REPLY BY THE PRESIDENT PRO TEMPORE
President Pro Tempore Wojahn: “I believe so. We can adjourn at 11:59 until 12:01. Does that answer your question?”
MOTION
On motion of Senator Eide, Senator Haugen was excused.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5363, by Committee on Labor and Workforce Development (originally sponsored by Senators Fairley, Winsley, Patterson, Franklin, Fraser, Snyder, Spanel, West, McAuliffe, Roach, Costa, Kohl-Welles) (by request of Governor Locke)
Enacting the civil service reform act of 1999.
The bill was read the third time.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5363.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5363 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 16; Absent, 1; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Fraser, Gardner, Goings, Hargrove, Heavey, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 28.
Voting nay: Senators Deccio, Hale, Hochstatter, Honeyford, Horn, Long, McCaslin, McDonald, Morton, Oke, Rossi, Sellar, Sheahan, Sheldon, T., Stevens and Zarelli - 16.
Absent: Senator Jacobsen - 1.
Excused: Senators Franklin, Haugen, Johnson, and Sheldon, B. - 4.
SUBSTITUTE SENATE BILL NO. 5363, 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
Senator Snyder moved that Substitute Senate Bill No. 5363 be immediately transmitted to the House of Representatives.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Finkbeiner served notice that he would move to reconsider the vote by which Substitute Senate Bill No. 5363 passed the Senate.
PARLIAMENTARY INQUIRY
Senator Benton: “A parliamentary inquiry, Madam President. A motion has been made, but the motion is a debatable motion if I am not mistaken and a notice can be given during a period of debate on that motion. There is not a vote required on a motion of reconsideration, therefore, notice has been given before the vote was taken to immediately transfer and I think that is all that is required is that the President receive notice and the notice was given. Is that not correct?”
REPLY BY THE PRESIDENT PRO TEMPORE
President Pro Tempore Wojahn: “Senator Benton, since there was a motion pending, there would be no action until after that motion was voted on. The notice was not in order. There was a motion pending when the notice was given and we hadn’t voted on the pending motion.”
MOTION
Senator Benton moved that the motion by Senator Snyder to immediately transmit Substitute Senate Bill No. 5363 to the House of Representatives be laid upon the table.
REPLY BY THE PRESIDENT PRO TEMPORE
President Pro Tempore Wojahn: “That is in order.”
Senator McDonald demanded a roll call and the demand was sustained.
The President Pro Tempore declared the question before the Senate to be the roll call on the motion by Senator Benton to lay on the table the motion by Senator Snyder to immediately transmit Substitute Senate Bill No. 5363 to the House of Representatives.
ROLL CALL
The Secretary called the roll and the motion to lay the motion by Senator Snyder on the table failed by the following vote: Yeas, 20; Nays, 26; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, Swecker, West and Zarelli - 20.
Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 26.
Excused: Senators Franklin, Johnson and Sheldon, B. - 3.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Finkbeiner served notice that he would move to reconsider the vote by which Substitute Senate Bill No. 5363 passed the Senate.
POINT OF CLARIFICATION
Senator Finkbeiner: “I would like to ask for a point of clarification.
REPLY BY THE PRESIDENT PRO TEMPORE
President Pro Tempore Wojahn: “I believe you have already asked for that. We just voted on the motion to lay the motion by Senator Snyder on the table.”
Senator Finkbeiner: “That is correct. I am speaking to Substitute Senate Bill No. 5363. My understanding was that when I previously gave notice of reconsideration, you ruled that notice out of order, so I would like to give that notice at this time.”
President Pro Tempore Wojahn: “We didn’t rule it out of order, we simply took it under advisement. We did not rule it out of order. Again, Senator Snyder’s motion is still pending--it is still pending--so your motion is out of order.”
CALL FOR THE PREVIOUS QUESTION
Senators Snyder, Spanel and Goings called for the previous question and the demand was sustained.
Senator McDonald demanded a roll call and the demand was sustained.
The President Pro Tempore declared the question before the Senate to be the roll call on shall the main question be now put.
ROLL CALL
The Secretary called the roll and the demand for the previous question carried by the following vote: Yeas, 25; Nays, 20; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 25.
Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 20.
Absent: Senator Sellar - 1.
Excused: Senators Franklin, Johnson and Sheldon, B. - 3.
MOTION
On motion of Senator Deccio, Senator Sellar was excused.
The President Pro Tempore declared the question before the Senate to be the motion by Senator Snyder that Substitute Senate Bill No. 5363 be immediately transmitted to the House of Representatives.
The motion by Senator Snyder carried to immediately transmit Substitute Senate Bill No. 5363 to the House of Representatives.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Finkbeiner served notice that he would move to reconsider the vote by which Substitute Senate Bill No. 5363 passed the Senate.
POINT OF CLARIFICATION
Senator Finkbeiner: “I would like to ask for a point of clarification.”
POINT OF ORDER
Senator Snyder: “A point of order, Madam President. The bill is technically no longer in the possession of the Senate, so it is impossible to give notice for reconsideration.”
POINT OF ORDER
Senator Finkbeiner: “A point of order, Madam President. My understanding is that while the bill is in physical control of the Senate, it is still in control of the Senate, regardless of whether a motion to immediately transmit-- and I am getting this idea from Rule 37, which states that ‘any member who has voted on the prevailing side may give notice of reconsideration unless a motion to immediately transmit the measure to the house has been decided in the affirmative and the measure is no longer in possession of the senate.’”
REPLY BY THE PRESIDENT PRO TEMPORE
President Pro Tempore Wojahn: “We did that.”
Senator Finkbeiner: “I’m sorry, what’s that?”
President Pro Tempore Wojahn: “We did that.”
Senator Finkbeiner: “My understanding by reading Rule 37 is that those are two separate states of being of the bill. One would be if a motion had been decided to immediately transmit and the second is also, if it is no longer in the possession, so I would like to ask the President, is the bill currently in possession of the Senate, physically at the desk?”
REMARKS BY SENATOR SNYDER
Senator Snyder: “I think it takes both of those things. He is just stating that it only takes it as long as it is in control of the Senate. I believe if you read the rule carefully, it says, ‘if a vote in the affirmative has not been decided, and the bill is still within the possession of the house.’ So, I think the vote has been decided in the affirmative, and by now, I am sure the bill is gone.”
REMARKS BY SENATOR FINKBEINER
Senator Finkbeiner: “When I made my motion for reconsideration, the bill was still at the desk and it had not been physically transported out the door, so I would just like to state that for the record.”
MOTION
At 5:21 p.m., on motion of Senator Snyder, the Senate was declared to be at ease.
The Senate was called to order at 5:55 p.m. by President Pro Tempore Wojahn.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5363, under discussion before the Senate went at ease.
RULING BY PRESIDENT PRO TEMPORE
President Pro Tempore Wojahn: “In ruling upon the point of order by Senator Finkbeiner, the President finds that Senate Rule 37 permits a member voting on the prevailing side on final passage of a message, to give notice of reconsideration unless two things have occurred: (1) a motion to immediately transmit the measure has been decided in the affirmative; and (2) the measure is no longer in possession of the Senate.
“Substitute Senate Bill No. 5363 was still in possession of the Senate when Senator Finkbeiner gave notice of reconsideration. Therefore, his notice was in order.”
SIGNED BY THE PRESIDENT
The President signed:
SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5595.
MOTION
On motion of Senator Eide, Senators Hargrove and Haugen were excused.
THIRD READING
ENGROSSED SUBSTITUTE SENATE BILL NO. 5587 by Senators Wojahn, Snyder, Thibaudeau, Fairley, Costa, Winsley, Prentice, McAuliffe, Kohl-Welles, Brown, Shin, Rasmussen and Franklin
Adopting a patient bill of rights.
The bill was read the third time.
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. 5587.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5587 and the bill failed to pass the Senate by the following vote: Yeas, 24; Nays, 19; Absent, 1; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Fraser, Gardner, Goings, Heavey, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 24.
Voting nay: Senators Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 19.
Absent: Senator Jacobsen - 1.
Excused: Senators Franklin, Hargrove, Haugen, Johnson and Sellar - 5.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5587, having failed to receive the constitutional majority, was declared lost.
THIRD READING
SENATE BILL NO. 5670 by Senator Snyder and Rasmussen
Creating criteria for the issuance of water quality permits for the treatment of noxious weeds.
The bill was read the third time.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5670.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5670 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, 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 - 45.
Excused: Senators Franklin, Hargrove, Johnson and Sellar - 4.
SENATE BILL NO. 5670, 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 Betti Sheldon, Senate Bill No. 5670 was immediately transmitted to the House of Representatives.
THIRD READING
SENATE CONCURRENT RESOLUTION NO. 8409 by Senators Goings, Oke, Shin, Gardner, Swecker, Roach, B. Sheldon, Snyder, McCaslin, McAuliffe, Franklin, Rasmussen and Eide
Creating a Joint Select Committee on Veterans and Military Affairs.
The concurrent resolution was read the third time.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Concurrent Resolution No. 8409.
ROLL CALL
The Secretary called the roll on the final passage of Senate Concurrent Resolution No. 8409 and the concurrent resolution passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, 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 - 44.
Absent: Senator Jacobsen - 1.
Excused: Senators Franklin, Hargrove, Johnson and Sellar - 4.
SENATE CONCURRENT RESOLUTION NO. 8409, having received the constitutional majority, was declared passed.
MOTION
On motion of Senator Betti Sheldon, Senate Concurrent Resolution No. 8409 was immediately transmitted to the House of Representatives.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
May 19, 1999
MR. PRESIDENT:
The House has passed ENGROSSED HOUSE BILL NO. 2304, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILL
EHB 2304 by Representatives Quall, Talcott, Edwards, McIntire, McDonald, Edmonds and Kenney
Providing for school safety programs.
MOTIONS
Senator Betti Sheldon moved that the rules be suspended and Engrossed House Bill No. 2304 be advanced to second reading and placed on the second reading calendar.
OBJECTION
Senator Finkbeiner objected to suspending the rules and advancing Engrossed House Bill No. 2304 to second reading and placing it on the second reading calendar.
Senator Snyder demanded a roll call and the demand was sustained.
The President Pro Tempore declared the question before the Senate to be the motion by Senator Betti Sheldon to suspend the rules and advance Engrossed House Bill No. 2304 to second reading and to place the bill on the second reading calendar.
ROLL CALL
The Secretary called the roll and the motion to suspend the rules failed to receive the necessary two-thirds majority by the following vote: Yeas, 25; Nays, 21; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Fraser, Gardner, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 25. Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 21. Excused: Senators Franklin, Hargrove and Sellar - 3.
MOTION
On motion of Senator Betti Sheldon, Engrossed House Bill No. 2304 was passed to the Committee on Rules.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
May 17, 1999
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1004,
SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1147, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
ESHB 1004 by House Committee on Appropriations (originally sponsored by Representatives Ballasiotes, O'Brien, Benson, Radcliff, Mitchell, Quall, Dickerson, Cairnes, Morris, Hurst, Campbell, Koster, Bush, Mulliken, Kastama, Miloscia, Conway, Esser, Scott, McIntire, Kessler, Keiser, Mielke, Carrell, McDonald, Dunn, Kenney, Ogden, Schoesler, Rockefeller and Wood)
Requiring transient sex offenders to report regularly to the county sheriff.
2E2SHB 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.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended and Engrossed Substitute House Bill No. 1004 was advanced to second reading and placed on the second reading calendar.
MOTION
On motion of Senator Betti Sheldon, Second Engrossed Second Substitute House Bill No. 1147 was held at the desk.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MESSAGES FROM THE HOUSE
May 17, 1999
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2247, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
May 18, 1999
MR. PRESIDENT:
The House has passed SUBSTITUTE HOUSE BILL NO. 2273, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
ESHB 2247 by House Committee on Appropriations (originally sponsored by Representatives Cooper, Linville and Ruderman) (by request of Office of Financial Management)
Reducing the account balance requirements necessary for the imposition of the oil spill response tax.
SHB 2273 by House Committee on Finance (originally sponsored by Representatives Haigh, Romero, Alexander, Hatfield, DeBolt, Eickmeyer, Wolfe, Rockefeller, Lovick, Lantz and Thomas)
Changing provisions relating to taxation of destroyed property.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended and Engrossed Substitute House Bill No. 2247 and Substitute House Bill No. 2273 were advanced to second reading and placed on the second reading calendar.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended House Bill No. 2295, which was held on the desk May 18, 1999, was advanced to second reading and placed on the second reading calendar.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1004 by House Committee on Appropriations (originally sponsored by Representatives Ballasiotes, O'Brien, Benson, Radcliff, Mitchell, Quall, Dickerson, Cairnes, Morris, Hurst, Campbell, Koster, Bush, Mulliken, Kastama, Miloscia, Conway, Esser, Scott, McIntire, Kessler, Keiser, Mielke, Carrell, McDonald, Dunn, Kenney, Ogden, Schoesler, Rockefeller and Wood)
Requiring transient sex offenders to report regularly to the county sheriff.
The bill was read the second time.
MOTION
Senator Costa moved that the following striking amendment by Senators Costa, Long and Hargrove be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of this act to revise the law on registration of sex and kidnapping offenders in response to the case of State v. Pickett, Docket number 41562-0-I. The legislature intends that all sex and kidnapping offenders whose history requires them to register shall do so regardless of whether the person has a fixed residence. The lack of a residential address is not to be construed to preclude registration as a sex or kidnapping offender. The legislature intends that persons who lack a residential address shall have an affirmative duty to report to the appropriate county sheriff, based on the level of risk of offending.
Sec. 2. RCW 9A.44.130 and 1998 c 220 s 1 and 1998 c 139 s 1 are each reenacted and amended to read as follows:
(1) Any adult or juvenile residing whether or not the person has a fixed residence, or who is a student, is employed, or carries on a vocation in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense, or who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense or kidnapping offense, shall register with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation, or as otherwise specified in this section. Where a person required to register under this section is in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility as a result of a sex offense or kidnapping offense, the person shall also register at the time of release from custody with an official designated by the agency that has jurisdiction over the person. In addition, any such adult or juvenile who is admitted to a public or private institution of higher education shall, within ten days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff for the county of the person's residence of the person's intent to attend the institution. Persons required to register under this section who are enrolled in a public or private institution of higher education on June 11, 1998, must notify the county sheriff immediately. The sheriff shall notify the institution's department of public safety and shall provide that department with the same information provided to a county sheriff under subsection (3) of this section.
(2) This section may not be construed to confer any powers pursuant to RCW 4.24.500 upon the public safety department of any public or private institution of higher education.
(3)(a) The person shall provide the following information when registering: (((a))) (i) Name; (((b))) (ii) address; (((c))) (iii) date and place of birth; (((d))) (iv) place of employment; (((e))) (v) crime for which convicted; (((f))) (vi) date and place of conviction; (((g))) (vii) aliases used; (((h))) (viii) social security number; (((i))) (ix) photograph; and (((j))) (x) fingerprints.
(b) Any person who lacks a fixed residence shall provide the following information when registering: (i) Name; (ii) date and place of birth; (iii) place of employment; (iv) crime for which convicted; (v) date and place of conviction; (vi) aliases used; (vii) social security number; (viii) photograph; (ix) fingerprints; and (x) where he or she plans to stay.
(4)(a) Offenders shall register with the county sheriff within the following deadlines. For purposes of this section the term "conviction" refers to adult convictions and juvenile adjudications for sex offenses or kidnapping offenses:
(i) OFFENDERS IN CUSTODY. (A) Sex offenders who committed a sex offense on, before, or after February 28, 1990, and who, on or after July 28, 1991, are in custody, as a result of that offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, and (B) kidnapping offenders who on or after July 27, 1997, are in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, must register at the time of release from custody with an official designated by the agency that has jurisdiction over the offender. The agency shall within three days forward the registration information to the county sheriff for the county of the offender's anticipated residence. The offender must also register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The agency that has jurisdiction over the offender shall provide notice to the offender of the duty to register. Failure to register at the time of release and within twenty-four hours of release constitutes a violation of this section and is punishable as provided in subsection (((9))) (10) of this section.
When the agency with jurisdiction intends to release an offender with a duty to register under this section, and the agency has knowledge that the offender is eligible for developmental disability services from the department of social and health services, the agency shall notify the division of developmental disabilities of the release. Notice shall occur not more than thirty days before the offender is to be released. The agency and the division shall assist the offender in meeting the initial registration requirement under this section. Failure to provide such assistance shall not constitute a defense for any violation of this section.
(ii) OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders who, on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 28, 1991. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(ii) as of July 28, 1991, or a kidnapping offender required to register as of July 27, 1997, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.
(iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, and kidnapping offenders who, on or after July 27, 1997, as a result of that offense are in the custody of the United States bureau of prisons or other federal or military correctional agency for sex offenses committed before, on, or after February 28, 1990, or kidnapping offenses committed on, before, or after July 27, 1997, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. Sex offenders who, on July 23, 1995, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 23, 1995. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(iii) as of July 23, 1995, or a kidnapping offender required to register as of July 27, 1997 shall not relieve the offender of the duty to register or to reregister following a change in residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The obligation to register shall only cease pursuant to RCW 9A.44.140.
(iv) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders who are convicted of a sex offense on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990, and kidnapping offenders who are convicted on or after July 27, 1997, for a kidnapping offense that was committed on or after July 27, 1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county sheriff to register immediately upon completion of being sentenced.
(v) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. Sex offenders and kidnapping offenders who move to Washington state from another state or a foreign country that are not under the jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of social and health services at the time of moving to Washington, must register within thirty days of establishing residence or reestablishing residence if the person is a former Washington resident. The duty to register under this subsection applies to sex offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after February 28, 1990, and to kidnapping offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after July 27, 1997. Sex offenders and kidnapping offenders from other states or a foreign country who, when they move to Washington, are under the jurisdiction of the department of corrections, the indeterminate sentence review board, or the department of social and health services must register within twenty-four hours of moving to Washington. The agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to Washington.
(vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been found not guilty by reason of insanity under chapter 10.77 RCW of (A) committing a sex offense on, before, or after February 28, 1990, and who, on or after July 23, 1995, is in custody, as a result of that finding, of the state department of social and health services, or (B) committing a kidnapping offense on, before, or after July 27, 1997, and who on or after July 27, 1997, is in custody, as a result of that finding, of the state department of social and health services, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The state department of social and health services shall provide notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released before July 23, 1995, or any adult or juvenile who has been found not guilty by reason of insanity of committing a kidnapping offense but who was released before July 27, 1997, shall be required to register within twenty-four hours of receiving notice of this registration requirement. The state department of social and health services shall make reasonable attempts within available resources to notify sex offenders who were released before July 23, 1995, and kidnapping offenders who were released before July 27, 1997. Failure to register within twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided in subsection (((9))) (10) of this section.
(vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks a fixed residence and leaves the county in which he or she is registered and enters and remains within a new county for twenty-four hours is required to register with the county sheriff not more than twenty-four hours after entering the county and provide the information required in subsection (3)(b) of this section.
(viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER SUPERVISION. Offenders who lack a fixed residence and who are under the supervision of the department shall register in the county of their supervision.
(b) Failure to register within the time required under this section constitutes a per se violation of this section and is punishable as provided in subsection (((9))) (10) of this section. The county sheriff shall not be required to determine whether the person is living within the county.
(c) An arrest on charges of failure to register, service of an information, or a complaint for a violation of this section, or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this section who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service, or arraignment. Failure to register as required under this subsection (4)(c) constitutes grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.
(d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register under this section as it existed prior to July 28, 1991.
(5)(a) If any person required to register pursuant to this section changes his or her residence address within the same county, the person must send written notice of the change of address to the county sheriff within seventy-two hours of moving. If any person required to register pursuant to this section moves to a new county, the person must send written notice of the change of address at least fourteen days before moving to the county sheriff in the new county of residence and must register with that county sheriff within twenty-four hours of moving. The person must also send written notice within ten days of the change of address in the new county to the county sheriff with whom the person last registered. The county sheriff with whom the person last registered shall promptly forward the information concerning the change of address to the county sheriff for the county of the person's new residence. If any person required to register pursuant to this section moves out of Washington state, the person must also send written notice within ten days of moving to the new state or a foreign country to the county sheriff with whom the person last registered in Washington state. Upon receipt of notice of change of address to a new state, the county sheriff shall promptly forward the information regarding the change of address to the agency designated by the new state as the state's offender registration agency.
(b) It is an affirmative defense to a charge that the person failed to send a notice at least fourteen days in advance of moving as required under (a) of this subsection that the person did not know the location of his or her new residence at least fourteen days before moving. The defendant must establish the defense by a preponderance of the evidence and, to prevail on the defense, must also prove by a preponderance that the defendant sent the required notice within twenty-four hours of determining the new address.
(6)(a) Any person required to register under this section who lacks a fixed residence shall provide written notice to the sheriff of the county where he or she last registered within fourteen days after ceasing to have a fixed residence. The notice shall include the information required by subsection (3)(b) of this section,
except the photograph and fingerprints. The county sheriff may, for reasonable cause, require the offender to provide a photograph and fingerprints. The sheriff shall forward this information to the sheriff of the county in which the person intends to reside, if the person intends to reside in another county.
(b) A person who lacks a fixed residence must report in person to the sheriff of the county where he or she is registered. If he or she has been classified as a risk level I sex or kidnapping offender, he or she must report monthly. If he or she has been classified as a risk level II or III sex or kidnapping offender, he or she must report weekly. The lack of a fixed residence is a factor that may be considered in determining a sex offender's risk level.
(c) If any person required to register pursuant to this section does not have a fixed residence, it is an affirmative defense to the charge of failure to register, that he or she provided written notice to the sheriff of the county where he or she last registered within fourteen days after ceasing to have a fixed residence and has subsequently complied with the requirements of subsections (4)(a)(vii) or (viii) and (6) of this section. To prevail, the person must prove the defense by a preponderance of the evidence.
(7) A sex offender subject to registration requirements under this section who applies to change his or her name under RCW 4.24.130 or any other law shall submit a copy of the application to the county sheriff of the county of the person's residence and to the state patrol not fewer than five days before the entry of an order granting the name change. No sex offender under the requirement to register under this section at the time of application shall be granted an order changing his or her name if the court finds that doing so will interfere with legitimate law enforcement interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. A sex offender under the requirement to register under this section who receives an order changing his or her name shall submit a copy of the order to the county sheriff of the county of the person's residence and to the state patrol within five days of the entry of the order.
(((7))) (8) The county sheriff shall obtain a photograph of the individual and shall obtain a copy of the individual's fingerprints.
(((8))) (9) For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470, and 72.09.330:
(a) "Sex offense" means any offense defined as a sex offense by RCW 9.94A.030 and any violation of RCW 9.68A.040 (sexual exploitation of a minor), 9.68A.050 (dealing in depictions of minor engaged in sexually explicit conduct), 9.68A.060 (sending, bringing into state depictions of minor engaged in sexually explicit conduct), 9.68A.090 (communication with minor for immoral purposes), 9.68A.100 (patronizing juvenile prostitute), or 9A.44.096 (sexual misconduct with a minor in the second degree), as well as any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030.
(b) "Kidnapping offense" means the crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor's parent.
(c) "Employed" or "carries on a vocation" means employment that is full-time or part-time for a period of time exceeding fourteen days, or for an aggregate period of time exceeding thirty days during any calendar year. A person is employed or carries on a vocation whether the person's employment is financially compensated, volunteered, or for the purpose of government or educational benefit.
(d) "Student" means a person who is enrolled, on a full-time or part-time basis, in any public or private educational institution. An educational institution includes any secondary school, trade or professional institution, or institution of higher education.
(((9))) (10) A person who knowingly fails to register with the county sheriff or notify the county sheriff, or who changes his or her name without notifying the county sheriff and the state patrol, as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony. If the crime was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.
NEW SECTION. Sec. 3. 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 Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Costa, Long and Hargrove to Engrossed Substitute House Bill No. 1004.
The motion by Senator Costa carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Costa, the following title amendment was adopted:
On page 1, line 1 of the title, after "offenders;" strike the remainder of the title and insert "reenacting and amending RCW 9A.44.130; creating a new section; and declaring an emergency."
On motion of Senator Costa, the rules were suspended, Engrossed Substitute House Bill No. 1004, as amended by the Senate, 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 Substitute House Bill No. 1004, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1004, as amended by the Senate, 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, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47. Excused: Senators Franklin and Hargrove - 2. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1004, 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 Betti Sheldon, Engrossed Substitute House Bill No. 1004, as amended by the Senate, was immediately transmitted to the House of Representatives.
MOTIONS
On motion of Senator Snyder, the Committee on Rules was relieved of further consideration of Engrossed House Bill No. 2304.
On motion of Senator Snyder, the rules were suspended and Engrossed House Bill No. 2304 was advanced to second reading and placed on the second reading calendar.
MOTION
On motion of Senator Snyder, the Senate commenced consideration of Engrossed House Bill No. 2304.
SECOND READING
ENGROSSED HOUSE BILL NO. 2304, by Representatives Quall, Talcott, Edwards, McIntire, McDonald, Edmonds and Kenney
Providing for school safety programs.
The bill was read the second time.
MOTION
Senator Loveland moved that the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The sum of four million dollars, or as much thereof as may be necessary, is appropriated from the general fund to the superintendent of public instruction for the biennium ending June 30, 2001, for:
(1) Alternative school start-up grants which are in addition to the grants funded in the two million dollars alternative school start-up appropriation contained in section 501(2)(l), chapter 309, Laws of 1999, and these grants shall be awarded in the same manner and for the same purposes;
(2) School safety programs for prevention and intervention. School districts may apply for and administer these grants independently or jointly with other school districts or educational service districts. The funds may be expended for proven-effective programs to improve safety in schools, including: Security assessments of school facilities; violence prevention and reporting training for staff as appropriate to the particular duties and responsibilities of the specific staff, including administrators; nonviolence and leadership training for staff and students; and school safety plans. The educational service districts and school districts may contract for any services under this subsection.
(3) The superintendent of public instruction shall report to the education committees of the house of representatives and senate on the number and types of programs administered through these grants by February 15, 2001, and February 15th of every two years thereafter.
NEW SECTION. Sec. 2. For the fiscal biennium ending June 30, 2001, the sum of three million dollars, or as much thereof as may be necessary, is appropriated from the general fund--state to the superintendent of public instruction for matching grants to enhance security in schools. This appropriation is a supplement to the five million nine hundred twenty-three thousand dollar appropriation for school security contained in section 501(2)(e), chapter 309, Laws of 1999, and shall be expended in the same manner and for the same purposes.
NEW SECTION. Sec. 3. The biennial appropriations in sections 1 and 2 of this act shall be allotted by the office of financial management evenly between fiscal year 2000 and fiscal year 2001.
Sec. 4. 1999 c 309 s 221 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ ((68,937,000))
65,437,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((69,635,000))
66,135,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 268,710,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 68,648,000
Hospital Commission Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,128,000
Health Professions Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 37,529,000
Emergency Medical Services and Trauma Care Systems
Trust Account--State Appropriation. . . . . . . . . . . . . . .$ 14,856,000
State Drinking Water Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,531,000
Drinking Water Assistance Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,456,000
Waterworks Operator Certification--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 593,000
Water Quality Account--State Appropriation. . . .. . . . . . . .$ 3,124,000
Accident Account--State Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ 258,000
Medical Aid Account--State Appropriation. . . . .. . . . . . . .$ 45,000
State Toxics Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,614,000
Health Services Account Appropriation. . . . . . . .. . . . . . . .$ 7,000,000
Medical Test Site Licensure Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,651,000
Youth Tobacco Prevention Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,804,000
Tobacco Prevention and Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 620,000
TOTAL APPROPRIATION. .. . . . . . . .$ 550,139,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,434,000 of the health professions account appropriation is provided solely for the development and implementation of a licensing and disciplinary management system. Expenditures are conditioned upon compliance with section 902 of this act. These funds shall not be expended without appropriate project approval by the department of information systems.
(2) The department or any successor agency is authorized to raise existing fees charged to the nursing assistants, podiatrists, and osteopaths; for certificate of need; for temporary worker housing; for state institution inspection; for residential care facilities and for transient accommodations, in excess of the fiscal growth factor established by Initiative Measure No. 601, if necessary, to meet the actual costs of conducting business and the appropriation levels in this section.
(3) $339,000 of the general fund--state appropriation for fiscal year 2000, $339,000 of the general fund--state appropriation for fiscal year 2001, and $678,000 of the general fund--federal appropriation are provided solely for technical assistance to local governments and special districts on water conservation and reuse. $339,000 of the general fund--federal amount may be expended in each fiscal year of the biennium, only if the state receives greater than $25,000,000 from the federal government for salmon recovery activities in that fiscal year. Funds authorized for expenditure in fiscal year 2000 may be expended in fiscal year 2001.
(4) $1,685,000 of the general fund--state fiscal year 2000 appropriation and $1,686,000 of the general fund--state fiscal year 2001 appropriation are provided solely for the implementation of the Puget Sound water work plan and agency action items, DOH-01, DOH-02, DOH-03, and DOH-04.
(5) (($4,645,000 of the general fund--state fiscal year 2000 appropriation and $4,645,000 of the general fund--state fiscal year 2001 appropriation are provided solely for distribution to local health departments.
(6))) The department of health shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(((7))) (6) $620,000 of the tobacco prevention and control account appropriation and $209,000 of the general fund--federal appropriation are provided solely for implementation of Engrossed Substitute Senate Bill No. 5516 or, if the bill is not enacted, for the development of a sustainable, long-term, comprehensive tobacco control program. The plan shall identify a specific set of outcome measures that shall be used to track long range progress in reducing the use of tobacco. Nationally accepted measures that can be used to compare progress with other states shall be included. The plan shall emphasize programs that have demonstrated effectiveness in achieving progress towards the specified outcome measures. Components of the plan that do not have a record of success may be included, provided that the plan also includes the means of evaluating those components. The plan shall also include an inventory of existing publically funded programs that seek to prevent the use of tobacco, alcohol, or other drugs by children and youth and recommendations to coordinate and consolidate these programs in order to achieve greatest positive outcomes within total available resources. A preliminary plan shall be submitted to the appropriate committees of the legislature by December 1, 1999, with the final plan submitted by September 1, 2000.
(((8))) (7) $2,075,000 of fiscal year 2000 general fund--state appropriation and $2,075,000 of fiscal year 2001 general fund--state appropriation are provided for the Washington poison center. The department shall require the center to develop a long range financing plan that identifies options for diversifying funding for center operations, including, but not limited to, federal grants, private sector grants and sponsorships, and multistate or regional operating agreements. The plan shall be submitted to the appropriate committees of the legislature by December 1, 2000.
(((9))) (8) $50,000 of fiscal year 2000 general fund--state appropriation and $50,000 of fiscal year 2001 general fund--state appropriation are provided solely for fund raising and other activities for the development of early hearing loss clinics. The development plan for these clinics shall not assume ongoing general fund--state appropriations.
NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senator Loveland to Engrossed House Bill No. 2304.
The motion by Senator Loveland carried and the striking amendment was adopted.
MOTIONS
On motion of Senator McAuliffe, the following title amendment was adopted:
On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "amending 1999 c 309 s 221 (uncodified); creating new sections; making appropriations; providing an effective date; and declaring an emergency."
On motion of Senator McAuliffe, the rules were suspended, Engrossed House Bill No. 2304, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Eide, Senator Thibaudeau was excused.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2304, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2304, as amended by the Senate, 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, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Franklin, Hargrove and Thibaudeau - 3.
ENGROSSED HOUSE BILL NO. 2304, as amended by the Senate, 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 Betti Sheldon, Engrossed House Bill No. 2304, as amended by the Senate, was immediately transmitted to the House of Representatives.
MOTION
On motion of Senator Eide, Senator Fairley was excused.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2247, by House Committee on Appropriations (originally sponsored by Representatives Cooper, Linville and Ruderman) (by request of Office of Financial Management)
Reducing the account balance requirements necessary for the imposition of the oil spill response tax.
The bill was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, Engrossed Substitute House Bill No. 2247 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 Substitute House Bill No. 2247.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2247 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 45.
Excused: Senators Fairley, Franklin, Hargrove and Thibaudeau - 4.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2247, 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 Betti Sheldon, Engrossed Substitute House Bill No. 2247, as amended by the Senate, was immediately transmitted to the House of Representatives.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2273, by House Committee on Finance (originally sponsored by Representatives Haigh, Romero, Alexander, Hatfield, DeBolt, Eickmeyer, Wolfe, Rockefeller, Lovick, Lantz and Thomas)
Changing provisions relating to taxation of destroyed property.
The bill was read the second time.
MOTION
On motion of Senator Snyder, the rules were suspended, Substitute House Bill No. 2273 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 House Bill No. 2273.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2273 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Fraser, Goings, Hale, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 43.
Voting nay: Senators Gardner and Heavey - 2.
Excused: Senators Fairley, Franklin, Hargrove and Thibaudeau - 4.
SUBSTITUTE HOUSE BILL NO. 2273, 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 Betti Sheldon, Substitute House Bill No. 2273 was immediately transmitted to the House of Representatives.
SECOND READING
HOUSE BILL NO. 2295, by Representatives B. Chandler, Clements, G. Chandler, Sump, McMorris and Mulliken
Providing that growing or packing agricultural products is not a manufacturing activity for tax purposes.
The bill was read the second time.
MOTION
On motion of Senator Loveland, the rules were suspended, House Bill No. 2295 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 House Bill No. 2295.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2295 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 2; Absent, 1; Excused, 4.
Voting yea: Senators Bauer, Brown, Deccio, Eide, Finkbeiner, Fraser, Gardner, Goings, Hale, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 42.
Voting nay: Senators Costa and Heavey - 2.
Absent: Senator Benton - 1.
Excused: Senators Fairley, Franklin, Hargrove and Thibaudeau - 4.
HOUSE BILL NO. 2295, 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 Betti Sheldon, House Bill No. 2295 was immediately transmitted to the House of Representatives.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
May 18, 1999
MR. PRESIDENT:
The House refuses to concur and insists on its position regarding the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1125 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MOTION
On motion of Senator Snyder, the rules were suspended, Engrossed Substitute House Bill No. 1125 was returned to second reading and read the second time.
MOTION
On motion of Senator Snyder, the rules were suspended and the Senate will reconsider the striking amendment by Senators Haugen, Tim Sheldon and Gardner, which was adopted May 18, 1999.
MOTION
Senator Snyder moved that the following amendments by Senators Snyder and McDonald to the striking amendment by Senators Haugen, Tim Sheldon and Gardner, on reconsideration, be considered simultaneously and be adopted:
On page 7, line 12 of the amendment, strike "2,378,000" and insert "2,586,000"
On page 8, after line 6 of the amendment, strike section 206 and insert the following:
NEW SECTION. Sec.206. FOR THE LEGISLATIVE TRANSPORTATION COMMITTEE
Motor vehicle account--state appropriation ..... $ 4,283,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $2,467,000 of the motor vehicle account--state appropriation is provided for the operation of the house of representatives transportation committee. The appropriation includes $500,000 for personal service contracts and other activities as deemed necessary by the house of representatives transportation committee.
(2) The transportation committees of the legislature shall evaluate the transportation functions currently performed by the utilities and transportation commission including but not limited to those regarding the issuance of certificates of public convenience and necessity for auto transportation companies.
(3) A legislative task force consisting of one member from each caucus of the senate and one member from each caucus of the house of representatives shall conduct a road jurisdiction study. The legislative task force shall appoint a technical advisory panel consisting of representatives of cities, counties, and the department of transportation. The study shall include but not be limited to an examination of the following issues:
(a) Whether changed conditions merit redesignation of certain local roadways as state routes and the return of certain state routes to local jurisdictions;
(b) Alternatives to current revenue distribution methodologies for funding roadway and highway needs;
(c) Determine roadway responsibilities, authorities, and practices by jurisdictional level; and
(d) Evaluate governance issues associated with road jurisdiction.
(4) The transportation committees of the legislature shall oversee program accountability reviews of department of transportation, department of licensing, and Washington state patrol programs selected by the senate transportation committee."
On page 74, beginning on line 8 of the amendment, after "department of" strike "transportation.
(2) Twenty-two" and insert "transportation. Twenty-two"
On page 74, line 32 of the amendment, strike "(3)" and insert "(2)"
Correct any internal references accordingly.
On page 85, beginning on line 3, strike everything through "house." on line 6.
On page 85, line 27 of the amendment after "committee" strike " as well as" and insert ", determining the number of legislative transportation committee staff, and"
On page 85, line 30 of the amendment, after "schedules" strike "and" and insert ","
On page 85, line 31 of the amendment, after "committee" insert ", and setting policies for legislative transportation committee staff utilization"
On page 85, beginning on line 32 of the amendment, strike all of section 618.
Renumber remaining sections and correct internal references accordingly.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senators Snyder and McDonald on page 7, line 12; page 8, after line 6; page 74, lines 8 and 32; page 85, lines 3, 27, 30, 31 and 32; to the striking amendment by Senators Haugen, Tim Sheldon and Gardner, on reconsideration.
The motion by Senator Snyder carried and the amendments to the committee amendment, on reconsideration, were adopted.
The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Haugen, Tim Sheldon and Gardner, as amended on reconsideration.
The striking amendment, as amended on reconsideration, was adopted.
MOTION
On motion of Senator Snyder, the rules were suspended, Engrossed Substitute House Bill No. 1125, as amended by the Senate under suspension of the rules, 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 House Bill No. 1125, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1125, as amended by the Senate under suspension of the rules, 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, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46. Voting nay: Senators Heavey and Wojahn - 2. Excused: Senator Hargrove - 1. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1125, as amended by the Senate under suspension of the rules, 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 Betti Sheldon, Engrossed Substitute House Bill No. 1125, as amended by the Senate under suspension of the rules, was immediately transmitted to the House of Representatives.
MOTION
At 7:19 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 10:32 p.m. by President Pro Tempore Wojahn.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGES FROM THE HOUSE
May 19, 1999
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1004 and passed the bill as amended by the Senate.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
May 19, 1999
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1125 and passed the bill as amended by the Senate.
CINDY ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
May 19, 1999
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 2304 and passed the bill as amended by the Senate.
CINDY ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
May 19, 1999
MR. PRESIDENT:
The Co-Speakers have signed SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5595, and the same is herewith transmitted.
CINDY ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
May 19, 1999
MR. PRESIDENT:
The Co-Speakers have signed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1004, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
May 19, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1125,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2247,
HOUSE BILL NO. 2273,
HOUSE BILL NO. 2295, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
May 19, 1999
MR. PRESIDENT:
The Co-Speakers have signed ENGROSSED HOUSE BILL NO. 2304, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
May 19, 1999
MR. PRESIDENT:
The House has passed SENATE BILL NO 5670, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5670.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1004.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED HOUSE BILL NO. 2304.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1125,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2247,SUBSTITUTE HOUSE BILL NO. 2273,
HOUSE BILL NO. 2295.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SCR 8416 by Senators Snyder and McDonald
Resolving that the 1999 first special session adjourn SINE DIE.
SCR 8417 by Senators Snyder and McDonald
Returning bills to their house of origin.
MOTIONS
On motion of Senator Betti Sheldon, the rules were suspended, Senate Concurrent Resolution No. 8416 was advanced to second reading and placed on the second reading calendar.
On motion of Senator Betti Sheldon, the rules were suspended, Senate Concurrent Resolution No. 8417 was advanced to second reading and placed on the second reading calendar.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8416, by Senators Snyder and McDonald
Resolving that the 1999 first special session adjourn SINE DIE.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, Senate Concurrent Resolution No. 8416 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage and adopted.
SENATE CONCURRENT RESOLUTION NO. 8416 was adopted by voice vote.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8417, by Senators Snyder and McDonald
Returning bills to their house of origin.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, Senate Concurrent Resolution No. 8417 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage and adopted.
SENATE CONCURRENT RESOLUTION NO. 8417 was adopted by voice vote.
REMARKS BY SENATOR PRENTICE
Senator Prentice: “Thank you, Madam President. Before we leave, I want to say something to my colleagues here that I have been meaning to say. I want to thank everyone for all of the support that you gave me when I had eye surgery--the phone calls, the cards, the flowers--you can’t imagine how much it helped me. I know that you were praying for me; I could feel it. I just want you to know that I have been remiss in not thanking you sooner. You really helped me get through a very difficult time and I want to thank every one of you.”
MOTION
At 10:41 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 11:57 p.m. by President Pro Tempore Wojahn.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Betti Sheldon, the following resolution was adopted:
SENATE RESOLUTION 1999-8688
By Senator Snyder
WHEREAS, Issues raised during past legislative sessions have shown that there is a need to provide properly for those who are currently giving service or have given service to their state and country; and
WHEREAS, Especially due to federal cuts in programs, veterans, members of the active duty military forces, and members of the national guard and reserve components in Washington State must have consideration given to their unique concerns and the programs designed for their assistance;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, that a Senate Select Committee on Veterans and Military Affairs is created; and
BE IT FURTHER RESOLVED, That the committee shall consist of eight members, four members from the majority caucus of the Senate, and four members from the minority caucus of the Senate, appointed by the President of the Senate; and
BE IT FURTHER RESOLVED, That the committee shall select a chair from among its members, and that Senate Committee Services shall provide support to the committee; and
BE IT FURTHER RESOLVED, That the committee shall examine and define issues and make recommendations to the full Senate, with respect to desirable changes in programs, laws, and administrative practices affecting veterans and military affairs before the 2000 Legislative Session.
MOTION
At 12:00 midnight, on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 12:17 a.m. by President Pro Tempore Wojahn.
MOTION
On motion of Senator Betti Sheldon, under the provisions of Senate Concurrent Resolution No. 8417, the following House Bill was were returned to the House of Representatives:
SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1147.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGES FROM THE HOUSE
May 19, 1999
MR. PRESIDENT:
The House has adopted SENATE CONCURRENT RESOLUTION NO. 8416, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
DEAN R. FOSTER, Chief Clerk
May 19, 1999
MR. PRESIDENT:
The House has adopted SENATE CONCURRENT RESOLUTION NO. 8417, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
DEAN R. FOSTER, Chief Clerk
MESSAGE FROM THE HOUSE
May 19, 1999
MR. PRESIDENT:
Under the provisions of Senate Concurrent Resolution No. 8417, the House herewith returns the following Senate Bills:
ENGROSSED SENATE BILL NO. 5819,
SENATE CONCURRENT RESOLUTION NO. 8409, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
DEAN R. FOSTER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE CONCURRENT RESOLUTION NO. 8416.
SIGNED BY THE PRESIDENT
The President signed:
SENATE CONCURRENT RESOLUTION NO. 8417.
MESSAGES FROM THE HOUSE
May 20, 1999
MR. PRESIDENT:
The Co-Speakers have signed SENATE BILL NO. 5670, and the same is herewith transmitted.
DEAN R. FOSTER, Chief Clerk
TIMOTHY A. MARTIN, Chief Clerk
May 20, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
SENATE CONCURRENT RESOLUTION NO. 8416,
SENATE CONCURRENT RESOLUTION NO. 8417, and the same are herewith transmitted.
DEAN R. FOSTER, Chief Clerk
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Betti Sheldon, the Senate Journal for the third day of the 1999 First Special Session of the Fifty-sixth Legislature was approved.
REMARKS BY SENATOR SNYDER
Senator Snyder: “Madam President, Senator West just mentioned that this is a very, very historic and memorable occasion. It is the first time that a lady has ever presided over SINE DIE.”
REPLY BY THE PRESIDENT PRO TEMPORE
President Pro Tempore Wojahn: “Well, thank you very much. I think that is wonderful. Thank you very much.”
MOTION
At 12:36 a.m., on motion of Senator Betti Sheldon, the 1999 First Special Session of the Fifty-sixth Legislature adjourned SINE DIE.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate