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THIRTY-FIRST DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, February 9, 2000

      The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Costa, Finkbeiner, Gardner, Hale, Rasmussen, Sellar, Winsley and Zarelli. On motion of Senator Honeyford, Senators Finkbeiner, Hale, Sellar, Winsley and Zarelli were excused. On motion of Senator Eide, Senators Costa, Gardner and Rasmussen were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Heather McDonald and Steven Lee, presented the Colors. Senator Bob Morton offered the prayer.


MOTION


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


MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS


January 18, 2000

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

      Lyle Lovingfoss, appointed January 18, 2000, for a term ending December 1, 2004, as a member of the Board of Trustees for Lower Columbia Community College District 13.

Sincerely,

GARY LOCKE, Governor

      Referred to the Committee on Higher Education.


January 21, 2000

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

      Gerald A. Marsh, appointed January 21, 2000, for a term ending December 31, 2004, as a member of the Public Disclosure Commission.

Sincerely,

GARY LOCKE, Governor

      Referred to the Committee on State and Local Government.


.                                                                           INTRODUCTION AND FIRST READING

 

SB 6846             by Senators Bauer, Winsley, Roach and Kohl-Welles

 

AN ACT Relating to annual increases in retirement allowances; and amending RCW 41.40.197 and 41.32.489.

Referred to Committee on Ways and Means.

 

SB 6847             by Senators Rossi, T. Sheldon, McDonald, Finkbeiner, West, Hale, Johnson and Oke

 

AN ACT Relating to creating the education and transportation funding act of 2000; adding a new section to chapter 41.06 RCW; adding a new section to chapter 43.88 RCW; creating a new section; and repealing RCW 41.06.380 and 41.06.382.

Referred to Committee on Ways and Means.


SECOND READING


      SENATE BILL NO. 6280, by Senators Haugen, Honeyford, Loveland and McAuliffe

 

Reporting on archaeology and historic preservation.


      The bill was read the second time.


MOTION


      On motion of Senator Haugen, the rules were suspended, Senate Bill No. 6280 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. 6280.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6280 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

     Voting yea: Senators Bauer, Benton, Brown, Deccio, Eide, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Wojahn - 41.

     Excused: Senators Costa, Finkbeiner, Gardner, Hale, Rasmussen, Sellar, Winsley and Zarelli - 8.

      SENATE BILL NO. 6280, 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 Honeyford, Senator McCaslin was excused.


SECOND READING


      SENATE BILL NO. 6310, by Senators Gardner, Horn, Oke, Loveland, Stevens, Wojahn, Bauer, Rasmussen, McAuliffe and Costa (by request of Joint Legislative Audit and Review Committee)

 

Increasing government accountability through the state sunset review process.


MOTIONS


      On motion of Senator Patterson, Substitute Senate Bill No. 6310 was substituted for Senate Bill No. 6310 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 6310 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6310.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6310 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.

     Voting yea: Senators Bauer, Benton, Brown, Deccio, Eide, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Wojahn - 40.

     Excused: Senators Costa, Finkbeiner, Gardner, Hale, McCaslin, Rasmussen, Sellar, Winsley and Zarelli - 9.

      SUBSTITUTE SENATE BILL NO. 6310, 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. 6274, by Senators Patterson, Wojahn and Winsley

 

Harmonizing procedures for replacement absentee and mail ballots.


      The bill was read the second time.


MOTION


      On motion of Senator Patterson, the rules were suspended, Senate Bill No. 6274 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. 6274.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6274 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

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

     Excused: Senators Costa, Finkbeiner, Gardner, Hale, Rasmussen, Sellar and Winsley - 7.

      SENATE BILL NO. 6274, 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. 5152, by Senators Kline, Fairley, Costa, Gardner and Goings

 

Clarifying who are appointed personnel for the purpose of public employees' collective bargaining.


      The bill was read the second time.


MOTION


      On motion of Senator Sheahan, the following striking amendment by Senators Sheahan and Kline was adopted:

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 41.56.030 and 1999 c 217 s 2 are each amended to read as follows:

       As used in this chapter:

       (1) "Public employer" means any officer, board, commission, council, or other person or body acting on behalf of any public body governed by this chapter, or any subdivision of such public body. For the purposes of this section, the public employer of district court or superior court employees for wage-related matters is the respective county legislative authority, or person or body acting on behalf of the legislative authority, and the public employer for nonwage-related matters is the judge or judge's designee of the respective district court or superior court.

       (2) "Public employee" means any employee of a public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office as a member of a multimember board, commission, or committee, whether appointed by the executive head or body of the public employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to (i) the executive head or body of the applicable bargaining unit, or (ii) any person elected by popular vote, or (iii) any person appointed to office pursuant to statute, ordinance or resolution for a specified term of office as a member of a multimember board, commission, or committee, whether appointed by the executive head or body of the public employer, or (d) who is a court commissioner or a court magistrate of superior court, district court, or a department of a district court organized under chapter 3.46 RCW, or (e) who is a personal assistant to a district court judge, superior court judge, or court commissioner. For the purpose of (((d))) (e) of this subsection, no more than one assistant for each judge or commissioner may be excluded from a bargaining unit.

       (3) "Bargaining representative" means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with employers.

       (4) "Collective bargaining" means the performance of the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours and working conditions, which may be peculiar to an appropriate bargaining unit of such public employer, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter.

       (5) "Commission" means the public employment relations commission.

       (6) "Executive director" means the executive director of the commission.

       (7) "Uniformed personnel" means: (a) Law enforcement officers as defined in RCW 41.26.030 employed by the governing body of any city or town with a population of two thousand five hundred or more and law enforcement officers employed by the governing body of any county with a population of ten thousand or more; (b) correctional employees who are uniformed and nonuniformed, commissioned and noncommissioned security personnel employed in a jail as defined in RCW 70.48.020(5), by a county with a population of seventy thousand or more, and who are trained for and charged with the responsibility of controlling and maintaining custody of inmates in the jail and safeguarding inmates from other inmates; (c) general authority Washington peace officers as defined in RCW 10.93.020 employed by a port district in a county with a population of one million or more; (d) security forces established under RCW 43.52.520; (e) fire fighters as that term is defined in RCW 41.26.030; (f) employees of a port district in a county with a population of one million or more whose duties include crash fire rescue or other fire fighting duties; (g) employees of fire departments of public employers who dispatch exclusively either fire or emergency medical services, or both; or (h) employees in the several classes of advanced life support technicians, as defined in RCW 18.71.200, who are employed by a public employer.

       (8) "Institution of higher education" means the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, and the various state community colleges.

       Sec. 2. RCW 36.27.040 and 1975 1st ex.s. c 19 s 2 are each amended to read as follows:

       The prosecuting attorney may appoint one or more deputies who shall have the same power in all respects as their principal. Each appointment shall be in writing, signed by the prosecuting attorney, and filed in the county auditor's office. Each deputy thus appointed shall have the same qualifications required of the prosecuting attorney, except that such deputy need not be a resident of the county in which he serves. The prosecuting attorney may appoint one or more special deputy prosecuting attorneys upon a contract or fee basis whose authority shall be limited to the purposes stated in the writing signed by the prosecuting attorney and filed in the county auditor's office. Such special deputy prosecuting attorney shall be admitted to practice as an attorney before the courts of this state but need not be a resident of the county in which he serves and shall not be under the legal disabilities attendant upon prosecuting attorneys or their deputies except to avoid any conflict of interest with the purpose for which he has been engaged by the prosecuting attorney. The prosecuting attorney shall be responsible for the acts of his deputies and may revoke appointments at will.

       Two or more prosecuting attorneys may agree that one or more deputies for any one of them may serve temporarily as deputy for any other of them on terms respecting compensation which are acceptable to said prosecuting attorneys. Any such deputy thus serving shall have the same power in all respects as if he were serving permanently.

       The provisions of chapter 39.34 RCW shall not apply to such agreements.

       The provisions of RCW 41.56.030(2) shall not be interpreted to permit a prosecuting attorney to alter the at-will relationship established between the prosecuting attorney and his or her appointed deputies by this section for a period of time exceeding his or her term of office. Neither shall the provisions of RCW 41.56.030(2) require a prosecuting attorney to alter the at-will relationship established by this section."


MOTIONS


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

      On page 1, line 2 of the title, after "bargaining;" strike the remainder of the title and insert "and amending RCW 41.56.030 and 36.27.040."

      On motion of Senator Kline, the rules were suspended, Engrossed Senate Bill No. 5152 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. 5152.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5152 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

     Excused: Senators Costa, Finkbeiner, Hale, Rasmussen and Sellar - 5.

      ENGROSSED SENATE BILL NO. 5152, 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. 6168, by Senators Fairley, Patterson and Kline

 

Requiring the department of social and health services to have a phone system that facilitates access to a departmental employee rather than voice mail.


      The bill was read the second time.


MOTION


      On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 6168 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. 6168.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6168 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, Franklin, Fraser, Gardner, Goings, 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 - 46.

     Excused: Senators Finkbeiner, Hale and Sellar - 3.

      SENATE BILL NO. 6168, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE SENATE BILL NO. 5212, by Senate Committee on Education (originally sponsored by Senators McAuliffe, Eide, Winsley, Thibaudeau, Franklin, Rasmussen and Costa)

 

Providing for school safety plans.


MOTIONS


      On motion of Senator McAuliffe, Second Substitute Senate Bill No. 5212 was substituted for Substitute Senate Bill No. 5212 and the second substitute bill was placed on second reading and read the second time.

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

       On page 4, beginning on line 16, after "regulations" strike all material through "school" on line 32, and insert "shall be published and distributed to certificated personnel throughout the state whose duties shall include a familiarization therewith as well as the means of implementation thereof at their particular school))

       (c) Be updated by school districts and schools at least once every five years or more frequently if circumstances change;

       (d) Be developed by school districts in consultation with local law enforcement, fire, emergency medical services, and emergency management agencies;

       (e) Include who to contact in an emergency;

       (f) Include procedures for leaving a building safely;

       (g) Include procedures for responding to an emergency;

       (h) Include procedures for training students and certificated and classified staff;

       (i) Include procedures for practicing the plan; and

       (j) Include procedures for notifying certificated and classified staff about the plan"


MOTION


      On motion of Senator McAuliffe, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5212 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 Thibaudeau: “Senator McAuliffe, I had a call and a letter from our sheriff last year, after you had passed that other good bill having to do with school safety. Interestingly enough, he didn’t seem to know what the bill included, so my question has to do with whether law enforcement is coordinating with the schools? It sounds, from what you said, that it is, but I would like to have some assurance that they are.”

      Senator McAuliffe: “Yes, they do, to the Senator from the Forty-third District. Yes, this bill does include local police and fire, as well as the military departments. Just to clarify, last year the bill passed the Senate, but did not make it through the House at the last second. So, again we will be putting this bill through. It will be accepted very well by the House, also.”

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5212.



ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5212 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, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Finkbeiner and Sellar - 2.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5212, 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.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the Mayor of the city of Bellingham, Mark Asmundson, as well as members of the Bellingham City Council, who were seated in the gallery.


SECOND READING


      SENATE BILL NO. 6139, by Senators Johnson, Heavey and Gardner

 

Modifying estate tax apportionment.


      The bill was read the second time.


MOTION


      On motion of Senator Heavey, the rules were suspended, Senate Bill No. 6139 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. 6139.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6139 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, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Finkbeiner and Sellar - 2.

      SENATE BILL NO. 6139, 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 Honeyford, Senator Rossi was excused.


SECOND READING


      SENATE BILL NO. 6140, by Senators Johnson, Heavey and Gardner

 

Updating probate and trust laws.


      The bill was read the second time.


MOTION


      On motion of Senator Heavey, the rules were suspended, Senate Bill No. 6140 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. 6140.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6140 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, 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

     Excused: Senators Finkbeiner, Rossi and Sellar - 3.



       SENATE BILL NO. 6140, 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


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2337, by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Ballasiotes, O'Brien, Cairnes, Kagi, B. Chandler, Lovick, Delvin, Carlson and Conway)

 

Ordering implementation of a state-wide city and county jail booking and reporting system.


      The bill was read the second time.


MOTION


      On motion of Senator Heavey, the rules were suspended, Engrossed Substitute House Bill No. 2337 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 House Bill No. 2337.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2337 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, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Finkbeiner and Sellar - 2.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2337, 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.


THIRD READING


      SENATE BILL NO. 5291, by Senators Franklin, Winsley, Fairley, Prentice, Kohl-Welles, Patterson, Roach, Hargrove, Goings, Heavey and Gardner

 

Creating the crime of aggressive driving to combat road rage.


      The bill was read the third time


      Senators Franklin and Benton spoke to Senate Bill No. 5291.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5291.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5291 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 17; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 30.

     Voting nay: Senators Benton, Deccio, Hale, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Morton, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 17.

     Excused: Senators Finkbeiner and Sellar - 2.

      SENATE BILL NO. 5291, 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.


THIRD READING


      ENGROSSED SUBSTITUTE SENATE BILL NO. 5610, by Senate Committee on Transportation (originally sponsored 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, the rules were suspended, Engrossed Substitute Senate Bill No. 5610 was returned to second reading and read the second time.

      On motion of Senator Haugen the following amendments were considered simultaneously and were adopted:

       On page 2, line 4, beginning with "receipt" strike everything through "issue" on line 5, and insert "issuance of a final order"

       On page 2, line 8, after "vehicles" insert "that are each less than thirty years old"



MOTION


      On motion of Senator Haugen, the rules were suspended, Second 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.

      The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Substitute Senate Bill No. 5610.


ROLL CALL


      The Secretary called the roll on the final passage of Second Engrossed Substitute Senate Bill No. 5610 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 47.              Voting nay: Senator Zarelli - 1.             Excused: Senator Sellar - 1.  SECOND 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.


THIRD READING


      SENATE BILL NO. 5570, by Senators Costa, Johnson, Kline, Honeyford, Kohl-Welles, Patterson, Gardner, Winsley and Oke (by request of Washington State Patrol)

 

Expanding the definition of vehicular assault.


      The bill was read the third time


      Senator Costa spoke to Senate Bill No. 5570.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5570.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5570 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, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

     Voting nay: Senator Deccio - 1.

     Excused: Senator Sellar - 1.

      SENATE BILL NO. 5570, 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.


THIRD READING


      ENGROSSED SENATE BILL NO. 5580, by Senators Wojahn, Roach, Thibaudeau, Fairley, Spanel, Prentice and Kohl-Welles

 

Paying industrial insurance benefits during appeal.


      The bill was read the third time


      Senators Wojahn and Hochstatter spoke to Senate Bill No. 5580.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5580.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5580 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 19; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 29.

     Voting nay: Senators Benton, Deccio, Finkbeiner, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 19.

     Excused: Senator Sellar - 1.

      ENGROSSED SENATE BILL NO. 5580, 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, the Senate returned to the sixth order of business.




SECOND READING


      SENATE BILL NO. 6190, by Senators Patterson, Horn, Haugen, Johnson, Costa, Goings, McCaslin and Winsley

 

Promoting expeditious resolution of public use disputes in eminent domain proceedings.


      The bill was read the second time.


MOTION


      On motion of Senator Heavey, the rules were suspended, Senate Bill No. 6190 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. 6190.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6190 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, 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.

     Absent: Senator Johnson - 1.

     Excused: Senator Sellar - 1.

      SENATE BILL NO. 6190, 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 Honeyford, Senator Johnson was excused.


SECOND READING


      SENATE JOINT MEMORIAL NO. 8017, by Senators Spanel, Gardner, Oke, Brown, Swecker, Franklin, Kline, B. Sheldon, Shin, Bauer, Eide, Patterson, Haugen, Costa, Kohl-Welles, Rasmussen, Fairley, McAuliffe, Prentice, Fraser, Goings, Hale and Winsley

 

Requesting federal assistance in ensuring pipeline safety.


MOTIONS


      On motion of Senator Spanel, Substitute Senate Joint Memorial No. 8017 was substituted for Senate Joint Memorial No 8017 and the substitute joint memorial was placed on second reading and read the second time.

      On motion of Senator Spanel, the rules were suspended, Substitute Senate Joint Memorial No. 8017 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Joint Memorial No. 8017.

      Debate ensued.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Joint Memorial No. 8017 and the joint memorial passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, 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 - 46.

     Absent: Senator Hargrove - 1.

     Excused: Senators Johnson and Sellar - 2.

      SUBSTITUTE SENATE JOINT MEMORIAL NO. 8017, having received the constitutional majority, was declared passed.


MOTION


      On motion of Senator Spanel, Senator Prentice was excused.


SECOND READING


      SENATE BILL NO. 5366, by Senators Patterson, McCaslin, Oke, Horn, Goings and Bauer

 

Changing scoring criteria for veterans' employment examinations.




MOTIONS


      On motion of Senator Patterson, Substitute Senate Bill No. 5366 was substituted for Senate Bill No. 5366 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5366 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5366.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5366 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, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Prentice and Sellar - 2.

      SUBSTITUTE SENATE BILL NO. 5366, 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. 6273, by Senators Franklin, Fraser, Winsley, Thibaudeau, Patterson, Costa, Fairley, Brown, Wojahn and Kline

 

Creating a program to identify and address lead-based paint hazards.


MOTIONS


      On motion of Senator Thibaudeau, Substitute Senate Bill No. 6273 was substituted for Senate Bill No. 6273 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 6273 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6273.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6273 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 2; 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, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

     Voting nay: Senator Morton - 1.

     Absent: Senators Fairley and Kline - 2.

     Excused: Senator Sellar - 1.

      SUBSTITUTE SENATE BILL NO. 6273, 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. 6277, by Senators B. Sheldon, Swecker, Jacobsen, Franklin, Morton, Costa, Fraser, Eide, Spanel, Thibaudeau and Kohl-Welles

 

Authorizing cost-reimbursement agreements for leases and environmental permits.


MOTIONS


      On motion of Senator Fraser, Substitute Senate Bill No. 6277 was substituted for Senate Bill No. 6277 and the substitute bill was placed on second reading and read the second time.

      Senator Haugen moved that the following amendment by Senators Haugen and Sheahan be adopted:

       On page 5, after line 19, insert the following:

       "NEW SECTION. Sec. 8. A new section is added to chapter 90.44 RCW to read as follows:

       Any one or more public water supply systems in counties surrounded by water with existing or proposed ground water withdrawals from a federally designated sole source aquifer, with applications for a new withdrawal or a change or transfer pending before the department on or before January 1, 2000, may initiate a cost-reimbursement agreement with the department to provide expedited review of the applications. If a request for a cost-reimbursement agreement is made, the department shall negotiate in good faith with the group of public water supply system applicants to provide expedited review for the applications. The department shall be guided by sections 1 through 3 of this act in negotiating a cost-reimbursement agreement. The department shall render decisions on the applications subject to the provisions of this section by June 30, 2002."

       Renumber the sections consecutively and correct any internal references accordingly.




POINT OF INQUIRY


      Senator Morton: “Senator Haugen, if my understanding is correct--and I have just had a moment to glance at this--there is only one county that will be affected by this. Is that your understanding?”

      Senator Haugen: “That is right.”

      Senator Morton: “Thank you. That is very helpful and I would suggest, therefore, that we support those good residents of that Island County.”

      The President declared the question before the Senate to be the adoption of the amendment by Senators Haugen and Sheahan on page 5, after line 19, to Substitute Senate Bill No. 6277.

      The motion by Senator Haugen carried and the amendment was adopted.


MOTIONS


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

      On page 1, on line 5 of the title, after "chapter 70.94 RCW;" insert "adding a new section to chapter 90.44 RCW;"

      On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 6277 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 Honeyford, Senator Stevens was excused.


MOTION


      On motion of Senator Rasmussen, Senator Kline 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. 6277.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6277 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, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

     Excused: Senators Kline, Sellar and Stevens - 3.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6277, 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, the Senate advanced to the eighth order of business.


MOTION


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


SENATE RESOLUTION 2000-8701


By Senators Jacobsen, Thibaudeau, Kohl-Welles, Fraser, Oke, Eide, Spanel, Franklin, Fairley, Wojahn, McAuliffe, Prentice, Heavey, Kline, Roach, Brown, Sheldon, T., Morton, West, Rasmussen


      WHEREAS, It is the policy of the Washington State Legislature to recognize contributions of individuals who reflect the standards of excellence that enhance the well-being and quality of life of the citizens of the state of Washington; and

      WHEREAS, It is also the policy of the Washington State Legislature to honor the memory of such individuals; and

      WHEREAS, Hazel Wolf, born in Victoria, British Columbia, Canada, on March 10, 1898, immigrated to the United States in 1923 and became a respected leader and activist promoting numerous social and environmental causes; and

      WHEREAS, Hazel Wolf devoted her life to protecting the environment and championing human rights, crusading with such drive and exuberance as to leave friends half her age in wonder; and

      WHEREAS, Hazel Wolf was a dynamic organizer responsible for starting twenty-one of the twenty-six chapters of the National Audubon Society in Washington State, served as secretary of the Seattle Audubon Society for thirty-seven years, and edited the newsletter of the Federation of Western Outdoor Clubs for over twenty years; and

      WHEREAS, Hazel Wolf’s activism was recognized with such awards as the Association of Biologists and Ecologists of Nicaragua Award for “Work for the Conservation of Nature” in 1985, Washington Physicians for Social Responsibility’s Paul Beeson Peace Award in 1995, the National Audubon Society’s Medal of Excellence and an honorary doctorate degree from Seattle University in 1997, and Seattle’s Spirit of America Award in 1999; and

      WHEREAS, Hazel Wolf achieved her wish to live in three centuries before passing away on January 19, 2000, at the age of one hundred and one, having conducted herself with consummate grace and good humor and touching the lives of all who had the privilege of making her acquaintance;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize the many achievements of Hazel Wolf, honor her life, and pay homage to her legacy of standing up for the needy and disenfranchised, and making the effort to make a difference in our communities; and

      BE IT FURTHER RESOLVED, That the Senate recognize the continuation of the lifetime work of Hazel Wolf through the Seattle Audubon Society’s “Kids for the Environment” fund which connects urban children from lower-income communities with opportunities to experience the natural environment; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to her daughter, Nydia Levick of Port Angeles, and her grandchildren, Juanita Commeree, Edward Levick, Dal Kilmer, Tom Levick and Ann Sargent, the Seattle Audubon Society, the Federation of Western Outdoor Clubs, Olympic Park Associate and North Cascades Conservation Council.


      Senators Jacobsen, Thibaudeau, Kohl-Welles, Brown and Kline spoke to Senate Resolution 2000-8701.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced members of the Audubon Society, as well as Juanita Commeree, the granddaughter of Hazel Wolf, and Lucile Preston, a family friend, who were seated in the gallery.


MOTION


      On motion of Senator Goings, the Senate returned to the sixth order of business.


MOTION


      On motion of Senator Honeyford, Senator Winsley was excused.


SECOND READING


      SENATE BILL NO. 6547, by Senators Costa, Benton, Eide, Shin, Patterson, Haugen, Gardner, Rasmussen, Prentice, Goings, McAuliffe, Winsley, Kline and Kohl-Welles

 

Clarifying rights and responsibilities of bicyclists.


      The bill was read the second time.


MOTION


      On motion of Senator Costa, the rules were suspended, Senate Bill No. 6547 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Benton: “Senator Costa, you mentioned in your opening remarks that the bicycle may be impounded and I thought I heard you say at no cost to the bicyclist. Is that correct?”

      Senator Costa: “Yes, it is correct and it is only an option that the officer may use if there are no other alternatives. The officer is not required to impound the bicycle.”

      Senator Benton: “Okay, thank you.”

      Further debate ensued.


POINT OF INQUIRY


      Senator Deccio: “Senator Costa, if a bicyclist has to be treated the same as a pedestrian when they are crossing the road or a crosswalk, do they have to dismount or can they just swerve right off the path and on to the crosswalk?”

      Senator Costa: “Senator, thank you for your question. We are clarifying that if that they are in a crosswalk, whether they are a pedestrian or a bicyclist, they must certainly take safety precautions into account. If they are in a crosswalk, then a motorist needs to stop for them.. They are not required to dismount

      “Let me tell you what the Supreme Court said in their decision. They said, ‘It is liken to if you would have three children walking across a crosswalk, actually one who is walking, one who is on roller skates and one who is on a bicycle--a motorist under the current law would have to stop for the first two, but would not have to stop for the one who is riding their bicycle through the crosswalk. We are clarifying that, if indeed they are in a crosswalk, motorists do have to stop for them. The bicyclists themselves have to yield for the pedestrians. If they happen to be on the roadway, they have to abide by the rules of the road.”

      Senator Deccio: “Thank you.”

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6547.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6547 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Wojahn - 39.

     Voting nay: Senators Benton, Deccio, Hale, Hochstatter, Honeyford, McCaslin, West and Zarelli - 8.

     Excused: Senators Sellar and Winsley - 2.

      SENATE BILL NO. 6547, 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. 6292, by Senators Morton, Rasmussen, Jacobsen, Rossi, McCaslin, Honeyford, Sheahan, Stevens and Oke

 

Providing a stable timber supply for the Washington forest products industry.


MOTIONS


      On motion of Senator Jacobsen, Substitute Senate Bill No. 6292 was substituted for Senate Bill No. 6292 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 6292 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. 6292.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6292 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.

      SUBSTITUTE SENATE BILL NO. 6292, 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 CONCURRENT RESOLUTION NO. 8422, by Senators T. Sheldon, Swecker, Fraser, Oke, Kohl-Welles, B. Sheldon, Snyder, Spanel, Heavey, Thibaudeau, Rossi, Prentice, Hale, Fairley, Morton, McAuliffe, Gardner, Rasmussen, Jacobsen, Haugen, Eide, Kline, Patterson, Franklin, Winsley and Costa


      Creating a committee to improve tribal relations.


MOTIONS


      On motion of Senator Heavey, Substitute Senate Concurrent Resolution No. 8422 was substituted for Senate Concurrent Resolution No. 8422 and the substitute concurrent resolution was placed on second reading and read the second time.

      On motion of Senator Tim Sheldon, the following striking amendment by Senators Tim Sheldon and Swecker was adopted:

       Strike everything and insert the following:

       "WHEREAS, The members of the Washington state legislature recognize there are twenty-eight federally recognized Indian tribes located within the boundaries of Washington state with a combined population of approximately ninety-one thousand members occupying over three and a quarter million acres of land; and

       WHEREAS, Those twenty-eight tribes are operating governments with responsibilities to their citizens and their lands like those of the state to its territory and citizens; and

       WHEREAS, The relationship on an intergovernmental basis between the Washington state legislature and these Indian tribes has seen only a very limited level of development; and

       WHEREAS, Because of these limitations, there is a need to inform and educate members of the legislature and their staff on the status and operations of tribal governments and to educate and inform tribal elected officials and their staff on the operations of the legislature;

       NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, the House of Representatives concurring, That a joint select committee on legislative/tribal relations be established to review, study, and recommend how the legislature and tribes may develop more effective relationships and arrange for intergovernmental mechanisms in order to be able to work together on common interests and problems, such as court jurisdiction, human services, gaming, tax and revenue, historic preservation, and environmental issues; and

       BE IT FURTHER RESOLVED, That the efforts of the committee shall include a study of how other state legislatures and tribal governments handle their intergovernmental relationships and recommend methods of addressing issues that are significant in the area of state/tribal relations and that the committee may hold hearings and seek out the expertise of state and tribal agencies to understand and make recommendations on issues the committee may agree to address; and

       BE IT FURTHER RESOLVED, That the committee shall consist of twelve members, to be comprised of eight state legislators and four tribal elected officials. Four members shall be from the Senate, two from each caucus, to be appointed by the President of the Senate; four members from the House of Representatives, two from each caucus, to be appointed by the Co-Speakers of the House of Representatives; and four elected officials from among the twenty-eight federally recognized tribes, who shall be representative of the demographic, geographic, and cultural differences among the tribes, as well as other relevant variables, to be appointed by the Chair of the Association of Washington Tribes. An ad hoc member may be designated by the Governor to be a representative of the Governor and the executive branch; and

       BE IT FURTHER RESOLVED, That the committee shall be co-chaired by a legislative member and a tribal member. The members of the legislature appointed to the committee shall select their co-chair and the tribal members of the committee shall select their co-chair, the expenses of the committee shall be paid by the legislature under chapter 44.04 RCW, staff support for the committee shall be provided by the senate committee services and house of representatives office of program research and the Northwest Indian applied research institute located at The Evergreen State College, and the committee may also call upon any of the state agencies and tribal governments to assist in research and provide information; and

       BE IT FURTHER RESOLVED, That the committee shall present its report and recommendations to the legislature not later than December 1, 2000; and

       BE IT FURTHER RESOLVED, That the committee shall terminate on December 15, 2000."


MOTION


      On motion of Senator Tim Sheldon, the rules were suspended, Engrossed Substitute Senate Concurrent Resolution No. 8422 was advanced to third reading, the second reading considered the third and the concurrent resolution 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 Concurrent Resolution No. 8422.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Concurrent Resolution No. 8422 and the concurrent resolution passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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

     Absent: Senator McDonald - 1.

     Excused: Senator Sellar - 1.

      ENGROSSED SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8422, having received the constitutional majority, was declared passed.


MOTION


      On motion of Senator Goings, the Senate advanced to the seventh order of business.


THIRD READING


      SUBSTITUTE SENATE BILL NO. 5611, by Senate Committee on Health and Long-Term Care (originally sponsored by Senators Thibaudeau, Kline, Prentice, Winsley and Costa) (by request of Insurance Commissioner Senn)

 

Regulating medicare supplement insurance.


MOTIONS


      On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5611 was returned to second reading and read the second time.

      On motion of Senator Thibaudeau, the following amendments were considered simultaneously and were adopted:

      On page 2, line 15, after "Laws of" strike "1999" and insert "2000"

       On page 2, line 16, after "September 1," strike "1999" and insert "2000"


MOTION

 

      On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute Senate Bill No. 5611 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. 5611.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5611 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

     Absent: Senators Finkbeiner and Hargrove - 2.

     Excused: Senator Sellar - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5611, 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 Senate Bill No. 5580, which passed the Senate earlier today, was ordered to immediately be transmitted to the House of Representatives.


MOTION


      At 11:55 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 2:15 p.m. by President Owen.


MOTION


      On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.


MOTION


      On motion of Senator Kohl-Welles, the following resolution was adopted:


SENATE RESOLUTION 2000-8715


By Senator Kohl-Welles, Wojahn, Jacobsen, Fairley, Patterson, Eide, Horn, Heavey, Spanel, Sheahan, McAuliffe, Roach, Brown, Fraser, Long, Sheldon, B., Franklin, and Rasmussen


      WHEREAS, Athletics is one of the most effective ways for girls and women in the United States to develop leadership skills, self discipline, initiative, and confidence; and

       WHEREAS, Sport and fitness activities contribute to emotional and physical well-being, and girls and women can benefit from both strong minds and strong bodies; and

       WHEREAS, The communication and cooperation skills learned through athletic experience play a key role in the contributions of athletes to the home, workplace, and society; and

       WHEREAS, Early motor skill training and enjoyable experiences of physical activity strongly influence lifelong habits of physical fitness; and

       WHEREAS, Girls and women who participate in sports have increased levels of self-esteem, less depression, and reduced risk for heart disease, breast cancer, and other illnesses; and

       WHEREAS, The bonds built among girls and women through athletics help break down the social barriers of racism and prejudice; and

       WHEREAS, The history of girls and women in sports is rich and long, but there has been little national recognition of the significance of the athletic achievements of women; and

       WHEREAS, High school athletic teams in the state of Washington have achieved many accomplishments that serve as an inspiration to young women and promote the values of teamwork and cooperation; and

      WHEREAS, Washington colleges and universities have fostered outstanding achievements in women's athletics, including All-American University of Washington softball player Becky Newbry, who has been named this month as the Seattle Post-Intelligencer Women’s Sports Star of the Year and the four other nominees, UW Athletic Director Barbara Hedges, U. S. National Team weight lifters Melanie Kosoff-Roach and Lea Forman, and Puyallup American record-setting swimmer Megan Quann; and

       WHEREAS, Although the state of Washington is fortunate to have Barbara Hedges serving as Athletic Director at the University of Washington, an NCAA Division 1 School, women are underrepresented in the leadership positions of coaches, officials, and administrators, and there is a need for women to serve in these positions to ensure a fair representation of the abilities of women, and to provide role models for young female athletes; and

      WHEREAS, Accomplished Washington women athletes are helping other highly talented, but underfunded athletes through encouragement, promotion and financial support, such as U. S. Open Womens’ 58 Kgs Olympic Weightlifting Champion Melanie Kosoff Roach, who has established the Big Mountain Association to assist other young and promising athletes; and

       WHEREAS, The state of Washington has produced stellar women athletes, whose spirit, talent, and accomplishments distinguished them from others and were a source of inspiration and pride to all of us, such as Michelle Akers, the star midfielder for the World Cup champion U.S. women’s soccer team; and

       WHEREAS, Although the athletic opportunities for female students at the college and high school level have improved because of federal and state gender equity laws, the participation rates of male and female athletes at the college and high school levels are still not equitable; and

      WHEREAS, The number of funded research projects focusing on the specific needs of women athletes is limited, and the information provided by the projects is imperative to the health and performance of future women athletes;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate celebrate Washington Girls and Women in Sports Day on February 9, 2000, and encourage others to observe the day with appropriate ceremonies and activities.


      Senators Kohl-Welles, Jacobsen, Patterson, Wojahn, Fraser, Stevens, Roach, Benton, Heavey and Spanel spoke to Senate Resolution 2000-8715.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the athletes participating in the Women and Girls in Sports Day, who were seated in the gallery.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced members from the Black Hills Gymnastics Club of Olympia, YMCA participants, Malory Frank,a soccer player from River Ridge High School and Louise Frank, assistant coach for The Evergreen State College Womens’ Soccer



       Team, as well as The Evergreen State College Womens’ Basketball, Soccer and Swim Teams, who were seated in the gallery.

      The President also introduced former Senator Ann Anderson, who was accompanied by her daughter Cori, a national and world Appaloosa Champion.


MOTION


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


SENATE RESOLUTION 2000-8705


By Senators Gardner and Spanel


      WHEREAS, The Whatcom County Historical Society and the Bellingham Herald co-published the healing works entitled: Whatcom Memories, A Photo Album: Reflections From the Heart of a Small Community, a 204 page book that includes more than 800 photographs; and

      WHEREAS, Members of the Whatcom County Community, Danna Beach, Becky Beech Raney, Cindy Brown, Laura Jacoby, Gayle Landreth, and Dawn Landreth Buckenmeyer, formed the Maple Falls Memory Book Committee; and

      WHEREAS, The Maple Falls Memory Book Committee, which started in Maple Falls, and stretched to include the Mount Baker Foothills and everyone in between, created a place for history makers to express their feelings and recollections of over one hundred and ten years; and

      WHEREAS, The community was brought together in their research, uniting their memories that will be cherished and archived for future generations to come; and

      WHEREAS, The legacy of Maple Falls and Whatcom County will live forever.

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and honor the talent and community involvement of the Maple Falls Memory Book Committee; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Whatcom County Historical Society, the Bellingham Herald, and the Maple Falls Memory Book Committee.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the members of the Maple Falls Memory Book Committee and other community members, who were seated in the gallery.


MOTION


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


SENATE RESOLUTION 2000-8718


By Senator Goings


      WHEREAS, Mr. Lockheed Reader served honorably as Chief of the Puyallup Police Department since 1990; and

      WHEREAS, Chief Reader retired from that post on January 31, 2000; and

      WHEREAS, During his tenure, policing in Puyallup underwent important changes and modernization that have brought officers closer to the public they serve and protect; and

      WHEREAS, Chief Reader led the department in instituting Community Oriented Policing techniques, including the Wheelbeat Bicycle Patrol, the Night Out Against Crime, and the Footbeat project; and

      WHEREAS, His leadership has helped make crime-fighting in Puyallup a community priority, not solely a police responsibility; and

      WHEREAS, Chief Reader also served the larger Washington community through his involvement with the Washington State Institute for Community Oriented Policing, serving as chair of its policy board for the past five years; and

      WHEREAS, His has been a familiar face at the Legislature due to his active involvement with lawmakers crafting legislation designed to help local law enforcement, especially in their battle to protect the public from drug-related crime; and

      WHEREAS, He will continue to serve the people of the state of Washington in his new role managing the Attorney General’s Criminal Investigation Section, which is a resource for all of Washington’s law enforcement agencies;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and honor Mr. Lockheed Reader for his distinguished service to the people of Puyallup, Pierce County, and the larger state community, and wish him continued success in his ongoing efforts to serve and protect our state’s citizens; and

      BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit a copy of this resolution to Mr. Lockheed Reader.


MOTION


      At 2:46 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 3:50 p.m. by President Owen.




MOTION


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


THIRD 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 third time


      Senators Costa and Stevens spoke to Senate Bill No 5920.


MOTION


      On motion of Senator Rasmussen, Senator Fairley was excused.

      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, 47; Nays, 0; 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, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Fairley and Sellar - 2.

      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.


THIRD READING


      ENGROSSED SUBSTITUTE SENATE BILL NO. 5295, by Senate Committee on Labor and Workforce Development (originally sponsored by Senators Costa, Prentice, Kohl-Welles, Thibaudeau, Fraser, Fairley and Heavey)

 

Protecting the act of breastfeeding.


      The bill was read the third time


      Senators Costa, Hochstatter, Roach and Franklin spoke to Engrossed Substitute Senate Bill No 5295.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5295.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5295 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 13; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 35.

     Voting nay: Senators Benton, Deccio, Hale, Hochstatter, Honeyford, Horn, McCaslin, Morton, Roach, Sheahan, Stevens, West and Zarelli - 13.

     Excused: Senator Sellar - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5295, 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 President returned the Senate to the sixth order of business.


SECOND READING


      SENATE BILL NO. 6010, by Senators West, Jacobsen and Sheahan

 

Creating operating fees waivers not supported by state general fund appropriations.


      The bill was read the second time.

MOTION


      On motion of Senator Kohl-Welles, the rules were suspended, Senate Bill No. 6010 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. 6010.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6010 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, 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.

     Absent: Senator Horn - 1.

     Excused: Senator Sellar - 1.

      SENATE BILL NO. 6010, 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. 6172, by Senators Fraser, Deccio, Thibaudeau, Prentice, T. Sheldon, Kohl-Welles, Fairley, McAuliffe and Oke

 

Allowing minors to donate bone marrow.


      The bill was read the second time.


MOTION


      On motion of Senator Fraser, the rules were suspended, Senate Bill No. 6172 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Stevens: “Senator Fraser, does this bill address the need for a minor to have his parents’ consent for a medical procedure?”

      Senator Fraser: “The answer to that question is that existing statutes governing consent on behalf of a minor for medical treatment are not disrupted and remain in effect.”

      Further debate ensued.


POINT OF INQUIRY


      Senator Benton: “Senator Franklin, does this bill authorize the actual donation of the bone marrow or only the testing and the placement of the name on the national registry?”

      Senator Franklin: “There is a test and if there is a match, then of course, if he is able to donate that will happen, but this is a youth bill. Right now, there is an age limit. What it will do, Senator, is also encourage others to join the registry and that will send a clear message.”

      Senator Benton: “The question that I have is, when it comes to the donation part--not the registry part--does this require parental consent or can a fifteen or sixteen year old just decide that they are going to become a bone--”

      Senator Franklin: “It requires a parental consent.”

      Senator Benton: “Thank you very much.”

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6172.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6172 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. 6172, 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. 6233, by Senators Wojahn, McDonald, Loveland, Deccio, Snyder, Spanel, Winsley, Rasmussen, Gardner, Costa, Hale, McAuliffe and Kline

 

Changing developmental disabilities endowment trust fund provisions.


MOTIONS


      On motion of Senator Wojahn, Substitute Senate Bill No. 6233 was substituted for Senate Bill No. 6233 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Wojahn, the rules were suspended, Substitute Senate Bill No. 6233 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. 6233.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6233 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.

      SUBSTITUTE SENATE BILL NO. 6233, 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 MEMORIAL NO. 8020, by Senators Loveland, Hale, Roach and B. Sheldon

 

Requesting full funding for a vitrification treatment plant at the Hanford site.


      The joint memorial was read the second time.


MOTION


      On motion of Senator Snyder, the rules were suspended, Senate Joint Memorial No. 8020 was advanced to third reading, the second reading considered the third and the joint memorial 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 Joint Memorial No. 8020.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Joint Memorial No. 8020 and the joint memorial passed the Senate by the following vote: Yeas, 45; Nays, 3; 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, Johnson, 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.

     Voting nay: Senators Jacobsen, Kline and Kohl-Welles - 3.

     Excused: Senator Sellar - 1.

      SENATE JOINT MEMORIAL NO. 8020, having received the constitutional majority, was declared passed.


SECOND READING


      SENATE BILL NO. 6724, by Senators Hale, Loveland, Rossi, West, Snyder and Rasmussen

 

Exempting privatization contracts for the treatment of radioactive waste and hazardous substances from property taxes.


MOTIONS


      On motion of Senator Hale, Substitute Senate Bill No. 6724 was substituted for Senate Bill No. 6724 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Hale, the rules were suspended, Substitute Senate Bill No. 6724 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. 6724.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6724 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, 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 Jacobsen - 1.

     Excused: Senator Sellar - 1.

      SUBSTITUTE SENATE BILL NO. 6724, 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. 6416, by Senators Thibaudeau, Deccio, Wojahn, Rasmussen, Johnson, Franklin, B. Sheldon, Costa, Prentice, Sheahan, Fraser, Swecker, McAuliffe, Winsley, Kohl-Welles, Haugen, Benton, Spanel, McDonald and Oke

 

Regulating occupational exposure to bloodborne pathogens and other infectious materials.


MOTIONS


      On motion of Senator Thibaudeau, Substitute Senate Bill No. 6416 was substituted for Senate Bill No. 6416 and the substitute bill was placed on second reading and read the second time.

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

       On page 3, after line 7, after "the" strike "effective date of the rules adopted under subsection (1)" and insert "date required under subsection (4)"

       Renumber the sections consecutively and correct any internal references accordingly.


MOTION


      On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute Senate Bill No. 6416 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. 6416.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6416 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 9; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 39.

     Voting nay: Senators Hale, Honeyford, McCaslin, McDonald, Morton, Rossi, Sheahan, Stevens and West - 9.

     Excused: Senator Sellar - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6416, 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 Honeyford, Senator Hochstatter was excused.


SECOND READING


      SUBSTITUTE SENATE BILL NO. 5453, by Senate Committee on Transportation (originally sponsored by Senators Horn, Benton, Haugen, Goings and Eide)

 

Enhancing regional transportation planning.


      The bill was read the second time.


MOTION


      On motion of Senator Gardner, the rules were suspended, Substitute Senate Bill No. 5453 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. 5453.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5453 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, 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.

     Absent: Senator Kline - 1.

     Excused: Senators Hochstatter and Sellar - 2.

      SUBSTITUTE SENATE BILL NO. 5453, 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, Senators Brown and Kline were excused.


SECOND READING


      SENATE BILL NO. 6307, by Senators Morton, Haugen, Honeyford, T. Sheldon, Gardner, Sellar and Hochstatter

 

Changing provisions relating to county roads that cross county boundaries.


      The bill was read the second time.


MOTION


      On motion of Senator Gardner, the rules were suspended, Senate Bill No. 6307 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. 6307.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6307 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, 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.

     Excused: Senators Brown, Kline and Sellar - 3.

      SENATE BILL NO. 6307, 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 Pro Tempore Wojahn assumed the Chair.


SECOND READING


      SENATE BILL NO. 6463, by Senators McAuliffe, Kohl-Welles, Fairley, Goings, Eide, Patterson, Kline and Rasmussen

 

Providing for early vision and hearing screening.


      The bill was read the second time.


MOTION


      On motion of Senator McAuliffe, the rules were suspended, Senate Bill No. 6463 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. 6463.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6463 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, 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.

     Excused: Senators Brown, Kline and Sellar - 3.

      SENATE BILL NO. 6463, 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. 6448, by Senators T. Sheldon, Hale, Gardner, Sellar, Haugen and Rasmussen

 

Promoting the improvement of port district employees.


      The bill was read the second time.


MOTIONS


      On motion of Senator Tim Sheldon, the following amendments were considered simultaneously and adopted:

       On page 2, beginning on line 29, strike all material from "Nothing" through "agency."

       On page 2, on line 32, strike "and other chapters of this"

       On page 2, beginning on line 33, strike "the Washington public ports association, and"

       On page 2, on line 35, strike ","

       On page 2, line 36, strike "coordinating or other"



      On motion of Senator Tim Sheldon, the rules were suspended, Engrossed Senate Bill No. 6448 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. 6448.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6448 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, 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 - 45.

     Voting nay: Senator Heavey - 1.

     Absent: Senator Loveland - 1.

     Excused: Senators Brown and Sellar - 2.

      ENGROSSED SENATE BILL NO. 6448, 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. 5408, by Senators Benton, Hale, Shin, Winsley, Patterson and Rossi

 

Creating a state medal of valor.


MOTIONS


      On motion of Senator Patterson, Substitute Senate Bill No. 5408 was substituted for Senate Bill No. 5408 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5408 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. 5408.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5408 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, 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 - 47.

     Excused: Senators Brown and Sellar - 2.

      SUBSTITUTE SENATE BILL NO. 5408, 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.


STATEMENT FOR THE JOURNAL


      I intended to vote ‘yes’ on final passage of Senate Bill No. 6201.

SENATOR LARRY SHEAHAN, Ninth District


STATEMENT FOR THE JOURNAL


      I intended to vote ‘yes’ on final passage of Senate Bill No. 6201.

SENATOR VAL STEVENS, Thirty-ninth District


SECOND READING


      SENATE BILL NO. 6201, by Senators Goings and Rasmussen

 

Setting penalties for infractions involving drug paraphernalia.


      The bill was read the second time.


MOTION


      On motion of Senator Heavey, the rules were suspended, Senate Bill No. 6201 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. 6201.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6201 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 6; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 41.

     Voting nay: Senators Deccio, Finkbeiner, Kohl-Welles, Morton, Sheahan and Stevens - 6.

     Excused: Senators Brown and Sellar - 2.

      SENATE BILL NO. 6201, 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. 6037, by Senators Shin and Prentice

 

Rescinding a retirement allowance agreement.


      The bill was read the second time.


MOTION


      On motion of Senator Shin, the rules were suspended, Senate Bill No. 6037 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. 6037.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6037 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, 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 - 47.

     Excused: Senators Brown and Sellar - 2.

      SENATE BILL NO. 6037, 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. 6213, by Senators Deccio and Winsley

 

Requiring guidelines for the response of emergency medical personnel to directives.


MOTIONS


      On motion of Senator Thibaudeau, Substitute Senate Bill No. 6213 was substituted for Senate Bill No. 6213 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 6213 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. 6213.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6213 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, 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 - 47.

     Excused: Senators Brown and Sellar - 2.

      SUBSTITUTE SENATE BILL NO. 6213, 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. 6121, by Senators Wojahn, Deccio, Thibaudeau, Winsley, Fairley, Rasmussen, Patterson and Kohl-Welles

 

Continuing the diabetes cost reduction act.


      The bill was read the second time.


MOTION


      On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 6121 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. 6121.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6121 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Bauer, Benton, 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 - 47.      Excused: Senators Brown and Sellar - 2.              SENATE BILL NO. 6121, 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 prevailing side, Senator Johnson served notice to reconsider the vote by which Senate Bill No. 6201 passed the Senate earlier today.


SECOND READING


      SENATE BILL NO. 6464, by Senators McAuliffe, Kohl-Welles, Goings, Eide, Patterson and Kline

 

Requiring information on selecting early childhood education programs and kindergarten readiness.


MOTIONS


      On motion of Senator McAuliffe, Substitute Senate Bill No. 6464 was substituted for Senate Bill No. 6464 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 6464 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. 6464.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6464 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, 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 - 47.

     Excused: Senators Brown and Sellar - 2.

      SUBSTITUTE SENATE BILL NO. 6464, 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. 6117, by Senators McCaslin and Winsley

 

Increasing penalties for persons who interfere with school activities.


MOTIONS


      On motion of Senator McAuliffe, Substitute Senate Bill No. 6117 was substituted for Senate Bill No. 6117 and the substitute bill was placed on second reading and read the second time.

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

       On page 2, line 20, after "studies" insert "on school grounds or a site where a school-sponsored activity is occurring"

       On page 3, line 2, after "studies" insert "on school grounds or a site where a school-sponsored activity is occurring"

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senator Hochstatter on page 2, line 20, and page 3, line 2, to Substitute Senate Bill No. 6117.

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


MOTION


      On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 6117 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 Franklin, Senator Thibaudeau was excused.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6117.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6117 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 15; Absent, 0; Excused, 3.

     Voting yea: Senators Bauer, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Horn, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, West, Winsley and Wojahn - 31.

     Voting nay: Senators Benton, Finkbeiner, Hargrove, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kline, Kohl-Welles, Patterson, Rossi, Sheldon, T., Stevens and Zarelli - 15.

     Excused: Senators Brown, Sellar and Thibaudeau - 3.

      SUBSTITUTE SENATE BILL NO. 6117, 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 6:01 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:00 a.m., Thursday, February 10, 2000.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate