NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.

THIRTY-SECOND DAY

------------

MORNING SESSION

------------

Senate Chamber, Olympia, Thursday, February 10, 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 Finkbeiner, Sellar and Zarelli. On motion of Senator Honeyford, Senators Finkbeiner and Sellar were excused.

The Sergeant at Arms Color Guard, consisting of Pages Allison Dellwo and Kory Hedrick, presented the Colors. Bishop William Skyland of the Catholic Diocese of Spokane 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.

MESSAGE FROM THE HOUSE

February 8, 2000

MR. PRESIDENT:

The House has passed:

HOUSE BILL NO. 1383,

HOUSE BILL NO. 1579,

SUBSTITUTE HOUSE BILL NO. 1990,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2078,

SUBSTITUTE HOUSE BILL NO. 2320,

SUBSTITUTE HOUSE BILL NO. 2321,

HOUSE BILL NO. 2330,

HOUSE BILL NO. 2333,

HOUSE BILL NO. 2344,

SUBSTITUTE HOUSE BILL NO. 2345,

HOUSE BILL NO. 2353,

HOUSE BILL NO. 2375,

HOUSE BILL NO. 2397,

SUBSTITUTE HOUSE BILL NO. 2441,

HOUSE BILL NO. 2449,

HOUSE BILL NO. 2459,

SUBSTITUTE HOUSE BILL NO. 2476,

SUBSTITUTE HOUSE BILL NO. 2477,

SUBSTITUTE HOUSE BILL NO. 2493,

HOUSE BILL NO. 2516,

HOUSE BILL NO. 2519,

HOUSE BILL NO. 2576,

SUBSTITUTE HOUSE BILL NO. 2590,

HOUSE BILL NO. 2600,

SUBSTITUTE HOUSE BILL NO. 2604,

SUBSTITUTE HOUSE BILL NO. 2628,

HOUSE BILL NO. 2630,

SUBSTITUTE HOUSE BILL NO. 2633,

HOUSE BILL NO. 2650,

HOUSE BILL NO. 2657,

HOUSE BILL NO. 2660,

HOUSE BILL NO. 2662,

HOUSE BILL NO. 2686,

SUBSTITUTE HOUSE BILL NO. 2721,

SUBSTITUTE HOUSE BILL NO. 2772,

HOUSE BILL NO. 2775,

SUBSTITUTE HOUSE BILL NO. 2776,

HOUSE BILL NO. 2868,

SUBSTITUTE HOUSE BILL NO. 2903,

SUBSTITUTE HOUSE BILL NO. 3032,

SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4020, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

INTRODUCTION AND FIRST READING

SJM 8028 by Senators Benton, Swecker, Honeyford, Hochstatter, Morton, Zarelli, Roach, Deccio and Stevens

Asking Congress to require the secretary of transportation to waive repayment of federal-aid highway funds used to build high occupancy vehicle lanes.

Referred to Committee on Transportation.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

HB 1383 by Representatives Constantine, Delvin, Lambert, Esser, Linville, Pennington, O'Brien and Ogden

Authorizing local government purchase of liability insurance for law enforcement personnel.

Referred to Committee on State and Local Government.

HB 1579 by Representatives Quall and Cooper

Clarifying the review process for appeals from decisions of the Washington Interscholastic Activities Association.

Referred to Committee on Judiciary.

SHB 1990 by House Committee on Health Care (originally sponsored by Representatives Cody, Ballasiotes, Schual-Berke, Kenney, Keiser and Veloria) (by request of Department of Social and Health Services)

Concerning background checks for certain potential state employees.

Referred to Committee on Human Services and Corrections.

ESHB 2078 by House Committee on Natural Resources (originally sponsored by Representatives Buck, Regala, Eickmeyer and Anderson)

Merging Titles 75 and 77 RCW.

Referred to Committee on Natural Resources, Parks and Recreation.

SHB 2320 by House Committee on Judiciary (originally sponsored by Representatives Lantz, Esser, Constantine, Hurst and Ruderman)

Authorizing and applying electronic notice and proxies.

Referred to Committee on Judiciary.

SHB 2321 by House Committee on Judiciary (originally sponsored by Representatives Esser, Lantz, Constantine, Hurst, Ruderman and D. Sommers)

Authorizing the transmission of electronic proxy appointments.

Referred to Committee on Judiciary.

HB 2330 by Representatives McMorris and Scott

Allowing liquor revolving fund disbursements to the death investigations account.

Referred to Committee on Ways and Means.

HB 2333 by Representatives Schual-Berke, Dickerson, Carlson, Hurst and D. Sommers

Clarifying rights and responsibilities of bicyclists.

Referred to Committee on Transportation.

HB 2344 by Representatives Huff, McIntire, Linville, Alexander, Kenney and Parlette (by request of Caseload Forecast Council)

Authorizing the caseload forecast council to forecast community corrections caseloads.

Referred to Committee on Ways and Means.

SHB 2345 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives O'Brien, Ballasiotes, Ruderman, Hurst and Lovick) (by request of Department of Social and Health Services)

Requiring the secretary of social and health services to adopt rules for oversight and operation of the sexually violent predator program.

Referred to Committee on Human Services and Corrections.

HB 2353 by Representatives Wood, Carrell and Hurst (by request of Gambling Commission)

Allowing criminal history records to be sent to the Washington state gambling commission.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

HB 2375 by Representatives Lantz, Esser, Carlson, Kenney, Dunn, O'Brien and Haigh

Addressing information technology literacy at baccalaureate institutions of higher education.

Referred to Committee on Higher Education.

HB 2397 by Representatives Scott, Mulliken, Doumit, Mielke, Fisher, Reardon, Edwards, Fortunato, Haigh, Wolfe and Ogden

Revising provisions relating to local government fiscal notes.

Referred to Committee on State and Local Government.

SHB 2441 by House Committee on State Government (originally sponsored by Representatives Wensman, Ogden, Rockefeller, McMorris, Alexander, Regala, Mielke, Doumit, Thomas, Kessler, Hatfield, O'Brien, Lisk, McDonald, Carlson, Conway, Mulliken, Koster, Woods, Talcott, Huff, Radcliff, Wolfe, Ruderman, Edmonds, Pflug, Parlette, Esser, Hurst and Benson) (by request of Joint Legislative Audit and Review Committee)

Increasing government accountability through the state sunset review process.

Referred to Committee on State and Local Government.

HB 2449 by Representatives Pennington, Constantine and Mitchell

Revising provisions relating to ethics board staff review of ethics complaints.

Referred to Committee on State and Local Government.

HB 2459 by Representatives Regala, Parlette and Lantz (by request of Parks and Recreation Commission)

Extending the tenure of the winter recreation advisory committee.

Referred to Committee on Natural Resources, Parks and Recreation.

SHB 2476 by House Committee on Judiciary (originally sponsored by Representatives Lambert, Kagi, Dickerson, Hurst, Cox, Carrell, Boldt, D. Sommers, Mulliken, Esser, Stensen, McDonald, Ruderman, Edwards, Keiser and Rockefeller)

Investigating deaths of children.

Referred to Committee on Judiciary.

SHB 2477 by House Committee on Appropriations (originally sponsored by Representatives D. Schmidt, Scott, Esser, Mielke, Mulliken, Fisher, O'Brien, Edwards, Doumit, Kastama, Ruderman, Linville, Romero, Lantz, Edmonds, Kenney and Van Luven)

Funding the municipal research council.

Referred to Committee on State and Local Government.

SHB 2493 by House Committee on Finance (originally sponsored by Representatives Ruderman, Cox, Dunshee, Thomas and Kenney) (by request of Department of Revenue)

Simplifying implementation of sales and use tax rate changes.

Referred to Committee on Ways and Means.

HB 2516 by Representatives Stensen, Cox, Cooper and Thomas (by request of Department of Revenue)

Regarding disclosure of information to persons against whom successor tax liability is asserted.

Referred to Committee on Ways and Means.

HB 2519 by Representatives Lovick, Fortunato, Dunshee, Thomas, Haigh and Kenney (by request of Department of Revenue)

Simplifying the excise tax code.

Referred to Committee on Ways and Means.

HB 2576 by Representatives D. Sommers and Veloria (by request of Department of Licensing)

Modifying provisions concerning the registration of business trade names.

Referred to Committee on Judiciary.

SHB 2590 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Benson and Hatfield) (by request of Pollution Liability Insurance Agency)

Extending the expiration date on certain pollution liability insurance programs.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

HB 2600 by Representatives Santos, Bush and Tokuda

Controlling domestic insurance companies.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

SHB 2604 by House Committee on Appropriations (originally sponsored by Representatives Doumit, Alexander, Wolfe, Delvin, Conway, Carlson, H. Sommers, McDonald, Schoesler, Pflug, Talcott, Clements, Bush, Keiser, Haigh, Rockefeller, Kagi and Hurst) (by request of Joint Committee on Pension Policy)

Creating additional options for payment of retirement allowances.

Referred to Committee on Ways and Means.

SHB 2628 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Linville and G. Chandler)

Modifying prohibitions on colostrum milk.

Referred to Committee on Agriculture and Rural Economic Development.

HB 2630 by Representatives Schoesler, Mastin, Linville and Anderson (by request of Commissioner of Public Lands Belcher)

Changing warehouse receipts.

Referred to Committee on Natural Resources, Parks and Recreation.

SHB 2633 by House Committee on Commerce and Labor (originally sponsored by Representatives B. Chandler, O'Brien, McMorris, Wood, Conway, Clements and Hurst)

Registering structural engineers.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

HB 2650 by Representatives Romero, McMorris, Campbell, Dunshee, Lambert, D. Schmidt, Kenney and Miloscia (by request of Department of General Administration)

Simplifying agency to agency transfer of small amounts of personal property.

Referred to Committee on State and Local Government.

HB 2657 by Representatives B. Chandler, Conway, Clements and Wood

Allowing a licensed distiller to hold a spirits, beer, and wine license.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

HB 2660 by Representatives Huff, H. Sommers, Hatfield and Benson (by request of State Investment Board)

Changing record checks for the state investment board.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

HB 2662 by Representatives Haigh, Quall, Talcott, Keiser, Rockefeller and Santos

Studying the feasibility of a central repository of teacher education and experience information.

Referred to Committee on Education.

HB 2686 by Representatives Tokuda and D. Sommers (by request of Department of Social and Health Services)

Updating definitions of income and resources.

Referred to Committee on Labor and Workforce Development.

SHB 2721 by House Committee on Judiciary (originally sponsored by Representatives Morris, Schoesler, Grant, Mastin, Quall, Dunn and Anderson)

Changing provisions relating to venue of actions by or against counties.

Referred to Committee on Judiciary.

SHB 2772 by House Committee on Judiciary (originally sponsored by Representatives Hurst, Constantine, Lambert and Edwards)

Requiring new courts to report their establishment to the supreme court.

Referred to Committee on Judiciary.

HB 2775 by Representatives Lambert, Constantine, Carrell, Hurst, Lantz and Cox

Clarifying requirements for the transfer of cases from commissioners to judges.

Referred to Committee on Judiciary.

SHB 2776 by House Committee on Judiciary (originally sponsored by Representatives Constantine, Carrell, Lantz and Hurst)

Providing for deferred findings and collection of an administrative fee in an infraction case.

Referred to Committee on Judiciary.

HB 2868 by Representatives Ericksen and Linville

Allowing electronic warehouse receipts.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

SHB 2903 by House Committee on Judiciary (originally sponsored by Representatives Delvin, Lovick, B. Chandler, Grant, Hankins, Lisk, Buck, Ballasiotes, O'Brien, Hurst, Talcott and Fortunato)

Authorizing sound recordings without prior consent that correspond to video recordings from cameras mounted in law enforcement vehicles.

Referred to Committee on Judiciary.

SHB 3032 by House Committee on Local Government (originally sponsored by Representative Mulliken)

Extending annexation authority to certain port districts along the Interstate 90 corridor.

Referred to Committee on State and Local Government.

SHJM 4020 by House Committee on Education (originally sponsored by Representatives Wensman, Quall, Cox, Keiser, Talcott, Rockefeller, Thomas, Haigh, Carlson, Schindler, D. Schmidt, Sump, Mulliken, Benson, Barlean, H. Sommers, Pennington, Lisk, Dunn, Delvin, McDonald, Schual-Berke, O'Brien and Esser)

Requesting a review of special education paperwork.

Referred to Committee on Education.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Goings, Gubernatorial Appointment No. 9181, Richard N. Wadley, as a member of the Board of Trustees for South Puget Sound Community College District No. 24, was confirmed.

Senators Goings and Fraser spoke to the confirmation of Richard N. Wadley as a member of the Board of Trustees for South Puget Sound Community College District No. 24.

APPOINTMENT OF RICHARD N. WADLEY

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 1; 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 and Wojahn - 46.

Absent: Senator Zarelli - 1.

Excused: Senators Finkbeiner and Sellar - 2.

MOTION

On motion of Senator Honeyford, Senator Zarelli was excused.

MOTION

On motion of Senator Gardner, Gubernatorial Appointment No. 9112, Robert B. Fong, as a member of the Board of Trustees for Whatcom Community College District No. 21, was confirmed.

APPOINTMENT OF ROBERT B. FONG

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Finkbeiner, Sellar and Zarelli - 3.

STATEMENT FOR THE JOURNAL

I intended to vote ‘yes’ on Substitute Senate Bill No. 6644.

SENATOR LARRY SHEAHAN, Ninth District

SECOND READING

SENATE BILL NO. 6644, by Senators Goings, Prentice, Fairley, Rasmussen, Haugen and Costa

Making technical corrections to fire protection laws.

MOTIONS

On motion of Senator Goings, Substitute Senate Bill No. 6644 was substituted for Senate Bill No. 6644 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Goings, the rules were suspended, Substitute Senate Bill No. 6644 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Honeyford, Senator Hochstatter was excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6644.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6644 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.

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

Absent: Senators Heavey and Sheahan - 2.

Excused: Senators Finkbeiner, Hochstatter, Sellar and Zarelli - 4.

SUBSTITUTE SENATE BILL NO. 6644, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Franklin, Senator Loveland was excused.

SECOND READING

SENATE BILL NO. 6621, by Senators Costa, McCaslin, Kline, Long, Heavey, Haugen, Hargrove, Thibaudeau, Zarelli, Oke, Rasmussen and Kohl-Welles

Creating a task force to study the interstate compact for adult offender supervision.

MOTIONS

On motion of Senator Costa, Substitute Senate Bill No. 6621 was substituted for Senate Bill No. 6621 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Costa, the rules were suspended, Substitute Senate Bill No. 6621 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. 6621.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6621 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

Excused: Senators Finkbeiner, Loveland, Sellar and Zarelli - 4.

SUBSTITUTE SENATE BILL NO. 6621, 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. 6700, by Senators Swecker, Rasmussen, Snyder, Eide, Hargrove, Roach, Honeyford, Jacobsen, Sheahan, Zarelli, Oke, Hochstatter, Fraser and Benton

Removing provisions that would forfeit the sales and use tax exemption for coal-fired thermal electric generation facilities if the coal used was mined outside of specified counties.

The bill was read the second time.

MOTION

On motion of Senator Brown, the rules were suspended, Senate Bill No. 6700 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. 6700.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6700 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

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

Absent: Senators Hargrove and McDonald - 2.

Excused: Senators Loveland, Sellar and Zarelli - 3.

SENATE BILL NO. 6700, 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. 6378, by Senators Fraser, Brown and Snyder (by request of Department of Emergency Management)

Extending the tenure of the enhanced 911 advisory committee.

The bill was read the second time.

MOTION

On motion of Senator Brown, the rules were suspended, Senate Bill No. 6378 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. 6378.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6378 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

Excused: Senators Loveland, Sellar and Zarelli - 3.

SENATE BILL NO. 6378, 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. 6411, by Senators Spanel, Gardner, Brown, Fairley, Franklin, B. Sheldon, Shin, Kline, Patterson, Haugen, Kohl-Welles, Costa, Thibaudeau, Prentice, Fraser and Goings

Studying the energy facility siting process.

MOTIONS

On motion of Senator Brown, Substitute Senate Bill No. 6411 was substituted for Senate Bill No. 6411 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Brown, the rules were suspended, Substitute Senate Bill No. 6411 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. 6411.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6411 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, 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, Winsley and Wojahn - 44.

Voting nay: Senators Hochstatter and West - 2.

Excused: Senators Loveland, Sellar and Zarelli - 3.

SUBSTITUTE SENATE BILL NO. 6411, 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. 6194, by Senators T. Sheldon, Oke, Jacobsen, Stevens, Morton, Rasmussen, Gardner and Spanel

Attempting to limit the incidents of rural garbage dumping.

MOTIONS

On motion of Senator Jacobsen, Substitute Senate Bill No. 6194 was substituted for Senate Bill No. 6194 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. 6194 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. 6194.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6194 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Loveland and Sellar - 2.

SUBSTITUTE SENATE BILL NO. 6194, 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 advanced to the seventh order of business.

THIRD READING

SUBSTITUTE SENATE BILL NO. 5349, (Committee on Health and Long-Term Care) (originally sponsored by Senators Costa, Spanel, Long, Fairley, Kohl-Welles, Snyder, Kline, Franklin, Thibaudeau, Wojahn, Rasmussen, Patterson, Deccio and Prentice)

Providing insurance coverage for cranial hair.

The bill was read the third time.

Senator Costa spoke to Substitute Senate Bill No. 5349.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5349.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5349 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 15; Absent, 0; Excused, 2.

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

Voting nay: Senators Benton, Finkbeiner, Hale, Hochstatter, Horn, Johnson, McDonald, Morton, Roach, Rossi, Sheahan, Sheldon, T., Stevens, West and Zarelli - 15.

Excused: Senators Loveland and Sellar - 2.

SUBSTITUTE SENATE BILL NO. 5349, 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 reverted to the sixth order of business.

SECOND READING

ENGROSSED SENATE BILL NO. 5881, by Senators Thibaudeau, Oke, Costa and Winsley (by request of Governor Locke and Attorney General Gregoire)

Regulating youth access to tobacco products.

MOTIONS

On motion of Senator Goings, Substitute Senate Bill No. 5881 was substituted for Engrossed Senate Bill No. 5581 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. 5581 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. 5881.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5881 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Loveland and Sellar - 2.

SUBSTITUTE SENATE BILL NO. 5881, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 10:11 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 11:10 a.m. by President Owen.

MOTION

On motion of Senator Franklin, Senator Fairley was excused.

MOTION

On motion of Senator Eide, Senator Tim Sheldon was excused.

SECOND READING

SENATE JOINT RESOLUTION NO. 8214, by Senators Wojahn, McDonald, Loveland and Winsley

Amending the Constitution to allow certain trust fund moneys to be invested as authorized by the legislature.

The joint resolution was read the second time.

MOTION

On motion of Senator Thibaudeau, the rules were suspended, Senate Joint Resolution No. 8214 was advanced to third reading, the second reading considered the third and the joint 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 Senate Joint Resolution No. 8214.

ROLL CALL

The Secretary called the roll on the final passage of Senate Joint Resolution No. 8214 and the joint resolution passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

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

Absent: Senator Kohl-Welles - 1.

Excused: Senators Fairley, Sellar and Sheldon, T. - 3.

SENATE JOINT RESOLUTION NO. 8214, having received the constitutional two-thirds majority, was declared passed.

SECOND READING

SENATE BILL NO. 6295, by Senators Heavey, McCaslin, Johnson, T. Sheldon, Swecker, Long and Deccio

Changing garnishment proceedings.

MOTIONS

On motion of Senator Heavey, Substitute Senate Bill No. 6295 was substituted for Senate Bill No. 6295 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Heavey, the following amendment by Senators Heavey and Johnson was adopted:On page 1, beginning on line 16, strike all material through "obligations." on line 17

MOTION

On motion of Senator Heavey, the rules were suspended, Engrossed Substitute Senate Bill No. 6295 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. 6295.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6295 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, 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., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Absent: Senator Hargrove - 1.

Excused: Senators Sellar and Sheldon, T. - 2.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6295, 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. 5033, by Senators Winsley, Fraser, Long, Jacobsen, Bauer, Franklin, Roach and Rasmussen (by request of Joint Committee on Pension Policy)

Separating from public employees' retirement system plan 1.

The bill was read the second time.

MOTION

On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5033 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. 5033.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5033 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, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Absent: Senator Hochstatter - 1.

Excused: Senators Sellar and Sheldon, T. - 2.

SENATE BILL NO. 5033, 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. 6530, by Senators Fraser, Long, Snyder, Franklin, Bauer, Honeyford, Jacobsen, Fairley, Haugen, Roach, Zarelli, Rasmussen, Goings, McAuliffe, Patterson, Eide, Winsley, Hale, Costa, Kohl-Welles, Stevens, B. Sheldon, Gardner and Spanel (by request of Joint Committee on Pension Policy)

Pertaining to plans 2 and 3 of the state retirement systems.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 6530 was substituted for Senate Bill No. 6530 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the following amendment by Senators Fraser and Long was adopted:

On page 40, after line 29, strike section 508 of the bill and insert the following:

"NEW SECTION. Sec. 508. A new section is added to chapter 41.45 RCW to read as follows:

(1) Beginning May 1, 2000, through June 30, 2001, the basic state contribution rate for the law enforcement officers' and fire fighters' retirement system plan 2, and the basic employer contribution rates for the public employees' retirement system, the school employees' retirement system, and the teachers retirement system, shall be as follows:

(a) 2.16 percent for all plan 2 members of the law enforcement officers' and fire fighters' retirement system;

(b) 3.58 percent for all members of the public employees' retirement system;

(c) 3.58 percent for all members of the school employees' retirement system, effective as of the establishment of the new retirement system on September 1, 2000; and

(d) 6.03 percent for all members of the teachers' retirement system.

(2) The department shall also adjust employer and member contribution rates for the law enforcement officers and fire fighters retirement system plan 2, on May 1, 2000."

MOTION

On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 6530 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. 6530.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6530 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

Excused: Senators Sellar and Sheldon, T. - 2.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6530, 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. 6531, by Senators Long, Fraser, Winsley, Honeyford, Fairley, McAuliffe, Franklin, Bauer, Goings, Haugen, Hale, Rasmussen, Patterson, Eide, Kohl-Welles, Snyder, Stevens, B. Sheldon, Gardner, Spanel and Zarelli (by request of Joint Committee on Pension Policy)

Modifying the Washington school employees' retirement system plan 2 and 3.

MOTIONS

On motion of Senator Long, Substitute Senate Bill No. 6531 was substituted for Senate Bill No. 6531 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 6531 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. 6531.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6531 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

Excused: Senators Sellar and Sheldon, T. - 2.

SUBSTITUTE SENATE BILL NO. 6531, 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. 6829, by Senators Winsley, Costa, Long, Fairley, Snyder, Bauer, Fraser, Franklin and Kohl-Welles

Making an irrevocable choice to become a member of the Washington school employees' retirement system plan 2 or plan 3.

The bill was read the second time.

MOTION

On motion of Senator Winsley, the rules were suspended, Senate Bill No. 6829 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. 6829.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6829 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

Excused: Senators Sellar and Sheldon, T. - 2.

SENATE BILL NO. 6829, 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. 6532, by Senators Honeyford, Winsley, Long, Fraser, Bauer, Kohl-Welles, Costa, Hale, Stevens, B. Sheldon, Gardner and Zarelli (by request of Joint Committee on Pension Policy)

Decreasing the employee contribution rate for the Washington state patrol retirement system.

The bill was read the second time.

MOTION

On motion of Senator Honeyford, the rules were suspended, Senate Bill No. 6532 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. 6532.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6532 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

Excused: Senators Sellar and Sheldon, T. - 2.

SENATE BILL NO. 6532, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 11:52 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 2:02 p.m. by President Owen.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Gardner, Gubernatorial Appointment No. 9162, Nancy Truitt Pierce, as a member of the Board of Trustees for Everett Community College District No. 5, was confirmed.

APPOINTMENT OF NANCY TRUITT PIERCE

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 6; Excused, 2.

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

Absent: Senators Hargrove, Haugen, Morton, Oke, Roach and West - 6.

Excused: Senators Sellar and Sheldon, T. - 2.

MOTION

On motion of Senator McCaslin, Senator Morton was excused.

MOTION

On motion of Senator Deccio, Senator Hale was excused.

SECOND READING

SENATE BILL NO. 6533, by Senators Franklin, Winsley, Bauer, Honeyford, Jacobsen, Long, Haugen, Fairley, Goings, Rasmussen, Patterson, Eide, Kohl-Welles, Stevens, B. Sheldon, Gardner, Spanel and Zarelli (by request of Joint Committee on Pension Policy)

Creating additional options for payment of retirement allowances.

MOTIONS

On motion of Senator Franklin, Substitute Senate Bill No. 6533 was substituted for Senate Bill No. 6533 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Long, the following amendment by Senators Long, Fraser and Franklin was adopted:

On page 16, after line 25, insert the following:

"Sec. 8. RCW 43.43.278 and 1999 c 74 s 4 are each amended to read as follows:

By July 1, 2000, the department of retirement systems shall adopt rules that allow a member to select((, in lieu of benefits under RCW 43.43.270,)) an actuarially equivalent retirement option that pays the member a reduced retirement allowance and upon death shall be continued throughout the life of a lawful surviving spouse. The continuing allowance to the lawful surviving spouse shall be subject to the yearly increase provided by RCW 43.43.260(5) in lieu of the annual increase provided in RCW 43.43.272. The allowance to the lawful surviving spouse under this section, and the allowance for an eligible child or children under RCW 43.43.270, shall not be subject to the limit for combined benefits under RCW 43.43.270."

Renumber the remaining section.

MOTIONS

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

On page 1, line 3 of the title, strike "and 41.40.660" and insert "41.40.660, and 43.43.278"

On motion of Senator Franklin, the rules were suspended, Engrossed Substitute Senate Bill No. 6533 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. 6533.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6533 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

Excused: Senators Hale, Morton, Sellar and Sheldon, T. - 4.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6533, having received the constitutional majority, was declared passed. There being no objection, the title of the of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6534, by Senators Bauer, Winsley, Long, Franklin, Honeyford, Fairley, Haugen, Rasmussen, Jacobsen, McAuliffe, Goings, Patterson, Eide, Kohl-Welles, Stevens, B. Sheldon, Gardner and Spanel (by request of Joint Committee on Pension Policy)

Establishing eligibility for the employee attendance incentive program.

The bill was read the second time.

MOTION

On motion of Senator Bauer, the rules were suspended, Senate Bill No. 6534 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. 6534.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6534 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Excused: Senators Hale, Morton, Sellar and Sheldon, T. - 4.

SENATE BILL NO. 6534, 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. 6383, by Senators Loveland and Haugen

Restricting eligibility for retirement allowance adjustments.

MOTIONS

On motion of Senator Loveland, Substitute Senate Bill No. 6383 was substituted for Senate Bill No. 6383 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Loveland, the rules were suspended, Substitute Senate Bill No. 6383 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. 6383.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6383 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

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

Absent: Senator Zarelli - 1.

Excused: Senators Morton, Sellar and Sheldon, T. - 3.

SUBSTITUTE SENATE BILL NO. 6383, 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.

MOMENT OF SILENCE

The President requested a moment of silence for former Representative Bob Basich who passed away this morning.

SECOND READING

SENATE BILL NO. 6602, by Senators Loveland and Patterson

Revising membership of certain LEOFF disability boards.

The bill was read the second time.

MOTION

On motion of Senator Loveland, the rules were suspended, Senate Bill No. 6602 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. 6602.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6602 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

Excused: Senators Sellar and Sheldon, T. - 2.

SENATE BILL NO. 6602, 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. 6740, by Senators Fraser, Long, Hale, Kohl-Welles and Rasmussen (by request of Washington State Patrol)

Providing service credit for certain members of the Washington state patrol retirement system.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 6740 was substituted for Senate Bill No. 6740 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 6740 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. 6740.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6740 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

Excused: Senators Sellar and Sheldon, T. - 2.

SUBSTITUTE SENATE BILL NO. 6740, 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. 6792, by Senators Snyder, Long, Fraser, Loveland, Winsley, Horn, Benton, Franklin, Honeyford, B. Sheldon, Bauer, Kline, Haugen, Rasmussen, McDonald, Gardner, West, Hargrove, Rossi, Kohl-Welles, McAuliffe, Fairley, Prentice, Goings, Jacobsen, Spanel, Oke, Hale, Morton, Roach, Sellar, Finkbeiner, Sheahan, Stevens, Patterson and Johnson

Paying medical benefits provided under chapter 41.26 RCW to law enforcement officers' and fire fighters' retirement system plan 1 retirees.

MOTIONS

On motion of Senator Snyder, Substitute Senate Bill No. 6792 was substituted for Senate Bill No. 6792 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Snyder, the rules were suspended, Substitute Senate Bill No. 6792 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. 6792.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6792 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

Excused: Senators Sellar and Sheldon, T. - 2.

SUBSTITUTE SENATE BILL NO. 6792, 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. 6537, by Senators Fraser, Winsley, Bauer, Franklin, Jacobsen, Patterson, Kohl-Welles, Snyder, Costa and Gardner (by request of Governor Locke)

Providing for early retirement under the public employees' retirement system for affected employees of specific state agencies specifically designated for a reduction in staffing.

The bill was read the second time.

MOTIONS

Senator Fraser moved that the following amendment by Senators Fraser, Winsley and Snyder be adopted:

On page 3, after line 4, insert the following:

"NEW SECTION. Sec. 5. For the period ending December 31, 2000, members of the public employees retirement system who are employed by a transit district, and were employed by the district on November 1, 1999, shall be eligible for the early retirement options provided by section 4 of this act. A member wishing to retire pursuant to this section must provide written notification to the member's employer, and submit the required application form to the department of retirement systems, no later than August 31, 2000, setting forth that the member shall be retired no later than December 31, 2000."

Debated ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Fraser, Winsley and Snyder on page 3, after line 4, to Senate Bill No. 6537.

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

MOTION

On motion of Senator Fraser, the rules were suspended, Engrossed Senate Bill No. 6537 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. 6537.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6537 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 40.

Voting nay: Senators Hochstatter, Honeyford, Horn, Long, McDonald, Morton, Rossi and Stevens - 8.

Excused: Senator Sellar - 1.

ENGROSSED SENATE BILL NO. 6537, 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 advanced to the seventh order of business.

THIRD READING

ENGROSSED SUBSTITUTE SENATE BILL NO. 5470, by Senate Committee on Labor and Workforce Development (originally sponsored by Senators Kline, Oke, Fairley, Prentice, Spanel, Wojahn, Franklin, McAuliffe, Winsley, Roach and Costa)

Studying chemically related illnesses and injuries.

MOTIONS

On motion of Senator Kline, the rules were suspended, Engrossed Substitute Senate Bill No. 5470 was returned to second reading and read the second time.

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

On page 2, on line 3, after "31," strike "1998" and insert "1999"

On page 3, on line 6, after "December" strike "1999" and insert "2000"

On page 3, on line 7, after "December" strike "2000" and insert "2001"

MOTION

On motion of Senator Hochstatter, further consideration of Engrossed Substitute Senate Bill No. 5470 was deferred.

MOTION

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

SECOND READING

SENATE JOINT MEMORIAL NO. 8019, by Senators Eide, Patterson, Johnson, Kohl-Welles, Rasmussen, McDonald, McAuliffe, Sellar, Roach, Kline, B. Sheldon and Gardner

Petitioning Congress to consider formula grants for gifted and talented education programs in its reauthorization of the Elementary and Secondary Education Act.

The joint memorial was read the second time.

MOTION

On motion of Senator Eide, the rules were suspended, Senate Joint Memorial No. 8019 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 Senate Joint Memorial No. 8019.

ROLL CALL

The Secretary called the roll on the final passage of Senate Joint Memorial No. 8019 and the joint memorial 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 JOINT MEMORIAL NO. 8019, having received the constitutional majority, was declared passed.

MOTION

At 3:14 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 4:37 p.m. by President Owen.

SECOND READING

SENATE BILL NO. 6264, by Senators Eide, Costa, Swecker, Gardner, Kohl-Welles, Shin, Patterson, Brown, Haugen, Jacobsen, McAuliffe, Sheahan, Rasmussen, Fairley, Goings and Franklin

Establishing intermediate drivers' licenses.

MOTIONS

On motion of Senator Eide, Substitute Senate Bill No. 6264 was substituted for Senate Bill No. 6264 and the substitute bill was placed on second reading and read the second time.

Senator Hargrove moved that the following striking amendment by Senators Hargrove, Benton and Eide be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature has recognized the need to develop a graduated licensing system in light of the disproportionately high incidence of motor vehicle crashes involving youthful motorists. This system will improve highway safety by progressively developing and improving the skills of younger drivers in the safest possible environment, thereby reducing the number of vehicle crashes.

NEW SECTION. Sec. 2. A new section is added to chapter 46.20 RCW to read as follows:

(1) An intermediate license authorizes the holder to drive a motor vehicle under the conditions specified in this section. An applicant for an intermediate license must be at least sixteen years of age and:

(a) Have possessed a valid instruction permit for a period of not less than six months;

(b) Have passed a driver licensing examination administered by the department;

(d) Present certification by his or her parent, guardian, or employer to the department stating (i) that the applicant has had at least fifty hours of driving experience, ten of which were at night, during which the driver was supervised by a person at least twenty-one years of age who has had a valid driver's license for at least three years, and (ii) that the applicant has not been issued a notice of traffic infraction or cited for a traffic violation that is pending at the time of the application for the intermediate license;

(e) Not have been convicted of or found to have committed a traffic violation within the last six months before the application for the intermediate license; and

(f) Not have been adjudicated for an offense involving the use of alcohol or drugs during the period the applicant held an instruction permit.

(2) For the first six months after the issuance of an intermediate license or until the holder reaches eighteen years of age, whichever occurs first, the holder of the license may not operate a motor vehicle that is carrying any passengers under the age of twenty who are not members of the holder's immediate family as defined in RCW 42.17.020. For the remaining period of the intermediate license, the holder may not operate a motor vehicle that is carrying more than three passengers who are under the age of twenty who are not members of the holder's immediate family.

(3) The holder of an intermediate license may not operate a motor vehicle between the hours of 12 a.m. and 5 a.m. except when:

(a) The holder is accompanied by a parent, guardian, or a licensed driver who is at least twenty-five years of age;

(b) The holder is driving between the holder's home and place of employment;

(d) The holder is driving for employment purposes; or

(e) The holder is not an employee of a farm, but is moving a vehicle from one farm to another, or to a farm employee.

(4) It is a traffic infraction for the holder of an intermediate license to operate a motor vehicle in violation of the restrictions imposed under this section.

(5) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense.

(6) An intermediate licensee may drive at any hour without restriction on the number of passengers in the vehicle if required due to an emergency.

(7) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if required by family necessity as evidenced by a signed statement of a parent or guardian. The note must be dated and is effective for only one day.

NEW SECTION. Sec. 3. A new section is added to chapter 46.20 RCW to read as follows:

If a person issued an intermediate license is convicted of or found to have committed a traffic offense described in chapter 46.61 RCW or violated restrictions placed on an intermediate license under section 2 of this act:

(1) On the first such conviction or finding, the department shall mail the parent or guardian of the person a letter warning the person of the provisions of this section;

(2) On the second such conviction or finding, the department shall suspend the person's intermediate driver's license for a period of six months or until the person reaches eighteen years of age, whichever occurs first;

(3) On the third such conviction or finding, the department shall suspend the person's intermediate driver's license until the person reaches eighteen years of age.

For the purposes of this section, a single ticket for one or more traffic offenses constitutes a single traffic offense.

Sec. 4. RCW 46.20.091 and 1999 c 6 s 14 are each amended to read as follows:

(1) Application. In order to apply for a driver's license or instruction permit the applicant must provide his or her:

(a) Name of record, as established by documentation required under RCW 46.20.035;

(b) Date of birth, as established by satisfactory evidence of age;

(d) Washington residence address;

(e) Description;

(f) Driving licensing history, including:

(i) Whether the applicant has ever been licensed as a driver or chauffeur and, if so, (A) when and by what state or country; (B) whether the license has ever been suspended or revoked; and (C) the date of and reason for the suspension or revocation; or

(ii) Whether the applicant's application to another state or country for a driver's license has ever been refused and, if so, the date of and reason for the refusal; and

(g) Any additional information required by the department.

(2) Sworn statement. An application for an instruction permit or for an original driver's license must be made upon a form provided by the department. The form must include a section for the applicant to indicate whether he or she has received driver training and, if so, where. The identifying documentation verifying the name of record must be accompanied by the applicant's written statement that it is valid. The information provided on the form must be sworn to and signed by the applicant before a person authorized to administer oaths. An applicant who makes a false statement on an application for a driver's license or instruction permit is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040.

(3) Driving records from other jurisdictions. If a person previously licensed in another jurisdiction applies for a Washington driver's license, the department shall request a copy of the applicant's driver's record from the other jurisdiction. The driving record from the other jurisdiction becomes a part of the driver's record in this state.

(4) Driving records to other jurisdictions. If another jurisdiction requests a copy of a person's Washington driver's record, the department shall provide a copy of the record. The department shall forward the record without charge if the other jurisdiction extends the same privilege to the state of Washington. Otherwise the department shall charge a reasonable fee for transmittal of the record.

Sec. 5. RCW 46.20.105 and 1987 c 463 s 3 are each amended to read as follows:

(1) The department may provide a method to distinguish the driver's license of a person who is under the age of twenty-one from the driver's license of a person who is twenty-one years of age or older.

(2) An instruction permit must be identified as an "instruction permit" and issued in a distinctive form as determined by the department.

(3) An intermediate license must be identified as an "intermediate license" and issued in a distinctive form as determined by the department.

Sec. 6. RCW 46.20.161 and 1999 c 308 s 2 are each amended to read as follows:

The department, upon receipt of a fee of twenty-five dollars, unless the driver's license is issued for a period other than five years, in which case the fee shall be five dollars for each year that the license is issued, which includes the fee for the required photograph, shall issue to every qualifying applicant a driver's license. A driver's license issued to a person under the age of eighteen is an intermediate license, subject to the restrictions imposed under section 2 of this act, until the person reaches the age of eighteen. The license must include a distinguishing number assigned to the licensee, the name of record, date of birth, Washington residence address, photograph, a brief description of the licensee, and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee.

Sec. 7. RCW 46.20.311 and 1998 c 212 s 1 are each amended to read as follows:

(1)(a) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under section 3 of this act, RCW 46.20.342, or other provision of law. Except for a suspension under section 3 of this act, RCW 46.20.289, 46.20.291(5), or 74.20A.320, whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order, the suspension shall remain in effect until the person provides a release issued by the department of social and health services stating that the person is in compliance with the order.

(b)(i) The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars.

(ii) If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be one hundred fifty dollars.

(2)(a) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (i) After the expiration of one year from the date the license or privilege to drive was revoked; (ii) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (iii) after the expiration of two years for persons convicted of vehicular homicide; or (iv) after the expiration of the applicable revocation period provided by RCW 46.20.265.

(b)(i) After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars.

(ii) If the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be one hundred fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified.

(c) Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.

(3)(a) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars.

(b) If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (i) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (ii) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be one hundred fifty dollars.

Sec. 8. RCW 46.20.342 and 1999 c 274 s 3 are each amended to read as follows:

(1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who has a valid Washington driver's license is not guilty of a violation of this section.

(a) A person found to be an habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.

(b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:

(i) A conviction of a felony in the commission of which a motor vehicle was used;

(ii) A previous conviction under this section;

(iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;

(iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational driver's license;

(v) A conviction of RCW ((46.20.420)) 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;

(vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

(vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;

(viii) A conviction of RCW 46.61.500, relating to reckless driving;

(ix) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs;

(x) A conviction of RCW 46.61.520, relating to vehicular homicide;

(xi) A conviction of RCW 46.61.522, relating to vehicular assault;

(xii) A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;

(xiii) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;

(xiv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;

(xv) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;

(xvi) An administrative action taken by the department under chapter 46.20 RCW; or

(xvii) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection.

(c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) the person has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license, ((or)) (vi) the person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation, or (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a suspension under section 3 of this act relating to intermediate drivers' licenses, or any combination of (i) through (((vi))) (vii), is guilty of driving while license suspended or revoked in the third degree, a misdemeanor.

(2) Upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section, the department shall:

(a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or

(b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or

(c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section. If the conviction was under subsection (1) (a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended.

Sec. 9. RCW 28A.220.030 and 1979 c 158 s 196 are each amended to read as follows:

(1) The superintendent of public instruction is authorized to establish a section of traffic safety education, and through such section shall: Define a "realistic level of effort" required to provide an effective traffic safety education course, establish a level of driving competency required of each student to successfully complete the course, and ensure that an effective state-wide program is implemented and sustained, administer, supervise, and develop the traffic safety education program and shall assist local school districts in the conduct of their traffic safety education programs. The superintendent shall adopt necessary rules and regulations governing the operation and scope of the traffic safety education program; and each school district shall submit a report to the superintendent on the condition of its traffic safety education program: PROVIDED, That the superintendent shall monitor the quality of the program and carry out the purposes of this chapter.

(2) The board of directors of any school district maintaining a secondary school which includes any of the grades 10 to 12, inclusive, may establish and maintain a traffic safety education course. If a school district elects to offer a traffic safety education course and has within its boundaries a private accredited secondary school which includes any of the grades 10 to 12, inclusive, at least one class in traffic safety education shall be given at times other than regular school hours if there is sufficient demand therefor.

(3) The board of directors of a school district, or combination of school districts, may contract with any drivers' school licensed under the provisions of chapter 46.82 RCW to teach the laboratory phase of the traffic safety education course. Instructors provided by any such contracting drivers' school must be properly qualified teachers of traffic safety education under the joint qualification requirements adopted by the superintendent of public instruction and the director of licensing.

(4) The superintendent shall establish a required minimum number of hours of continuing traffic safety education for traffic safety education instructors. The superintendent may phase in the requirement over not more than five years.

Sec. 10. RCW 28A.220.040 and 1984 c 258 s 331 are each amended to read as follows:

(1) Each school district shall be reimbursed from funds appropriated for traffic safety education((: PROVIDED, That)).

(a) The state superintendent shall determine the per-pupil reimbursement amount for the traffic safety education course to be funded by the state. Each school district offering an approved standard traffic safety education course shall be reimbursed or granted an amount up to the level established by the superintendent of public instruction as may be appropriated.

(b) The state superintendent may provide per-pupil reimbursements to school districts only where all the traffic educators have satisfied the continuing education requirement of RCW 28A.220.030(5).

(2) The board of directors of any school district or combination of school districts may establish a traffic safety education fee, which fee when imposed shall be required to be paid by any duly enrolled student in any such school district prior to or while enrolled in a traffic safety education course. Traffic safety education fees collected by a school district shall be deposited with the county treasurer to the credit of such school district, to be used to pay costs of the traffic safety education course.

NEW SECTION. Sec. 11. A new section is added to chapter 28A.220 RCW to read as follows:

The superintendent of public instruction, in consultation with the department of licensing, shall adopt rules for implementing section 2(1)(d) of this act.

NEW SECTION. Sec. 12. Sections 1 through 10 of this act take effect July 1, 2001."

MOTION

Senator Tim Sheldon moved that the following amendment to the striking amendment by Senators Hargrove, Benton and Eide be adopted:

On page 2 of the striking amendment, line 19, after "a" insert "public, private, or home"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Tim Sheldon on page 2, line 19, to the striking amendment by Senators Hargrove, Benton and Eide to Substitute Senate Bill No. 6264.

The motion by Senator Tim Sheldon carried and the amendment to the striking amendment was adopted.

MOTION

Senator Tim Sheldon moved that the following amendment to the striking amendment by Senators Hargrove, Benton and Eide be adopted:

On page 2 of the striking amendment, after line 37, insert the following:

"(8) Subsections (2), (3), and (4) of this section apply only in counties with a population density of more than one hundred persons per square mile."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Tim Sheldon on page 2, after line 37, to the striking amendment by Senators Hargrove, Benton and Eide to Substitute Senate Bill No. 6264.

The motion by Senator Tim Sheldon failed and the amendment to the striking amendment was not adopted.

MOTION

Senator Morton moved that the following amendment to the striking amendment by Senators Hargrove, Benton and Eide be adopted:

On page 2, after line 37, insert the following:

"(8) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if necessary for agricultural purposes."

The President declared the question before the Senate to be the adoption of the amendment by Senator Morton on page 2, after line 37, to the striking amendment by Senators Hargrove, Benton and Eide to Substitute Senate Bill No. 6264.

Debate ensued.

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

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove, Benton and Eide, as amended, to Substitute Senate Bill No. 6264.

Debate ensued.

The motion by Senator Hargrove carried and the striking amendment, as amended, was adopted.

MOTIONS

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

On line 1 of the title, after "licenses;" strike the remainder of the title and insert "amending RCW 46.20.091, 46.20.105, 46.20.161, 46.20.311, 46.20.342, 28A.220.030, and 28A.220.040; adding new sections to chapter 46.20 RCW; adding a new section to chapter 28A.220 RCW; creating a new section; and providing an effective date."

On motion of Senator Eide, the rules were suspended, Engrossed Substitute Senate Bill No. 6264 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 Roach: “Senator Eide, does this bill say that between the ages of sixteen and sixteen and a half, you would not be able to take a girl friend or a boy friend to a show--just the two of you in the car? Would you care to answer?”

Senator Eide: “Actually, they need to be home by midnight. My daughter drives to the movies all the time in her car by herself. They can all meet there. I don’t see anything wrong with that.”

Senator Roach: “The question was, if this bill were to pass, would someone between the ages of sixteen and sixteen and a half be able to go with a date--that means two people in the car--and back? No? All right. Thank you.”

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6264.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6264 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.

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

Voting nay: Senators Finkbeiner, Hochstatter, Roach, Sheldon, T. and Zarelli - 5.

Excused: Senator Sellar - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6264, 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 Sheahan, Senator Benton was excused.

STATEMENT FOR THE JOURNAL

I asked to be excused from the vote on Engrossed Third Substitute Senate Bill No. 5598 in order to meet with Governor Locke concerning the 192/14 interchange.

SENATOR DON BENTON, Seventeenth District

SECOND READING

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5598, by Senate Committee on Ways and Means (originally sponsored by Senators McAuliffe, Finkbeiner, West, Jacobsen, Long, Kline, Costa, Snyder, Eide, Patterson, Hale and Winsley) (by request of Governor Locke)

Creating the Washington's promise scholarship program.

MOTIONS

On motion of Senator Kohl-Welles, Third Substitute Senate Bill No. 5598 was substituted for Engrossed Second Substitute Senate Bill No. 5598 and the third substitute bill was placed on second reading and read the second time.

Senator Sheahan moved that the following amendments by Senators Sheahan, Zarelli, Kohl-Welles, Stevens, McAuliffe, Finkbeiner, Swecker and Hochstatter be considered simultaneously and be adopted:

On page 2, line 16, strike "and"

On page 2, line 19, after "grade" insert "; or (iv) students graduating from public high school, approved private high schools under chapter 28A.195 RCW and students participating in home-based instruction as provided in chapter 28A.200 RCW must equal or exceed a cumulative Scholastic Achievement Test score of 1200 on their first attempt"

On page 2, line 24, after "grade" insert "or those students who on their first attempt during their high school years achieve a cumulative Scholastic Achievement Test state percentile ranking equivalent to or above the corresponding percentage of students that passed the certificate of mastery. This determination shall be made by the superintendent of public instruction who shall provide the methodology by which the determination is made"

On page 4, line 11, after "year" insert "including the names, addresses, and birth dates of other eligible students who have met the requirements described in section 2 of this act"

On page 4, line 16, after "attempt" insert "including the names, addresses, and birth dates of other eligible students who have met the requirements described in section 2 of this act "

On page 5, after line 12 insert the following:

"NEW SECTION. Sec. 7. The provisions of chapter ..., Laws of 2000 (this act) shall not be construed to change current state requirements for students who received home-based instruction under chapter 28A.200 RCW."

On page 6, line 20, strike "6" and insert "7"

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Sheahan Zarelli, Kohl-Welles, Stevens, McAuliffe, Finkbeiner, Swecker and Hochstatter on page 2, lines 16, 19 and 24; page 4, lines 11 and 16; page 5, after line 12; and page 6, line 20; to Third Substitute Senate Bill No. 5598.

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

MOTION

On motion of Senator Kohl-Welles, the rules were suspended, Engrossed Third Substitute Senate Bill No. 5598 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 Benton was excused.

MOTION

On motion of Senator Franklin, Senator Fairley was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Third Substitute Senate Bill No. 5598.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Third Substitute Senate Bill No. 5598 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Bauer, 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 - 46.

Excused: Senators Benton, Fairley and Sellar - 3.

ENGROSSED THIRD SUBSTITUTE SENATE BILL NO. 5598, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the Senate resumed consideration of Engrossed Substitute Senate Bill No. 5470, deferred earlier today after the amendments by Senator Kline on page 2, line 3, and page 3, lines 6 and 7, were adopted.

MOTION

Senator Kline moved that the following amendment be adopted:

On page 2, after line 13, insert the following:

"(e) the medical diagnosis made by physicians pertaining to these claims and an analysis of the scientific adequacy of the tests and examinations used in the diagnosis."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Kline on page 2, after line 13, to Engrossed Substitute Senate Bill No. 5470.

The motion by Senator Kline carried and the amendment was adopted on a rising vote.

MOTION

Senator Hochstatter moved that the following striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The legislature finds that chemically related illnesses continue to present unique challenges to the state industrial insurance system. Many of these illnesses are difficult to diagnose and create real hardship for individuals who suffer from related health problems. At the same time many of these illnesses are not work-related, but nonetheless result in extensive litigation which imposes great costs and hardship on employers.

(2) The legislature further recognizes that the department, in order to accept a claim for a chemically related illness, or any other occupational disease, must meet a minimum standard of causality in the relationship between a putative exposure and a claimed illness.

NEW SECTION. Sec. 2. A study shall be conducted to determine:

(1) Which occupational diseases should be considered chemically related illnesses so that an accurate annual count of such illnesses may be reported;

(2) The best method of reporting such diseases annually, including the most accurate set of available or obtainable data elements;

(3) A review of relevant scientific literature regarding the criteria for determining causality or work-relatedness in occupational diseases. This review shall at least include:

(a) Methods generally accepted in the determination of whether an exposure or exposures are likely to be toxic and/or causative;

(b) Methods generally accepted in the determination of the presence or absence of a definable clinical condition;

(d) How the methods enumerated in 3(a), 3(b), and 3(c) are related to the current statutory, regulatory, case law, policy and claims administration criteria for determining causality in occupational diseases in Washington state.

(4) A review of the current process for handling chemically related illness claims at the department of labor and industries and the disposition of these claims;

(5) The medical diagnosis made by physicians for a random sample of such claims filed with the department and an analysis of the scientific adequacy of the tests and examinations used in the diagnosis;

(6) A review of industries with the highest incident rate of chemically related illnesses and an examination of incident rates and dispositions in other states with similar industries;

(7) The most appropriate approach to better utilize SHARP and University of Washington programs funded by the department to expand medical research and cooperative efforts in areas where existing research is not adequate.

NEW SECTION. Sec. 3. The workers' compensation advisory committee shall advise and provide oversight to the study in section 2 of this act. The committee shall report back to the legislature on an interim basis in December 2000, and with a final report in June, 2001. The final report shall make recommendations which are a consensus of the committee.

NEW SECTION. Sec. 4. (1) The department may contract with one or more occupational medicine, industrial hygiene, toxicology, epidemiology, or other appropriate nationally recognized experts to conduct the study.

(2) A sum of $250,000 allocated equally from the Medical Aid Fund, with self-insured employers and the state fund each paying a proportionate share is appropriated for the purposes of conducting the study."

Debate ensued.

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

The President declared the question before the Senate to be the roll call on the adoption of the striking amendment by Senator Hochstatter to Engrossed Substitute Senate Bill No. 5470.

ROLL CALL

The Secretary called the roll and the striking amendment was not adopted by the following vote: Yeas, 21; Nays, 22; Absent, 4; Excused, 2.

Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 21.

Voting nay: Senators Bauer, Costa, Eide, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel and Thibaudeau - 22.

Absent: Senators Brown, Hargrove, Oke and Wojahn - 4.

Excused: Senators Fairley and Sellar - 2.

MOTION

On motion of Senator Kline, the rules were suspended, Second Engrossed Substitute Senate Bill No. 5470 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Betti Sheldon, further consideration of Second Engrossed Substitute Senate Bill No. 5470 was deferred.

MOTION

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

THIRD READING

SENATE BILL NO. 5944, by Senators Haugen and Snyder

Describing those lands eligible to be included in a city district aquatic lands management agreement.

The bill was read the third time.

Senator Jacobsen spoke to Senate Bill No. 5944.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5944.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5944 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.

Voting yea: Senators Bauer, Benton, 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 and Zarelli - 45.

Absent: Senators Brown and Wojahn - 2.

Excused: Senators Fairley and Sellar - 2.

SENATE BILL NO. 5944, 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 reverted to the sixth order of business.

SECOND READING

SENATE BILL NO. 6680, by Senators Rasmussen, Winsley, Gardner, Deccio, Heavey, Shin, Prentice, Hale, T. Sheldon, Sheahan, Swecker, Eide, Stevens, Fraser, Morton, Honeyford, Spanel, Jacobsen, B. Sheldon, Patterson and Oke

Requiring recommendations for continued funding assistance of fairs and youth shows.

MOTIONS

On motion of Senator Rasmussen, Substitute Senate Bill No. 6680 was substituted for Senate Bill No. 6680 and the substitute bill was placed on second reading and read the second time.

Senator Sheahan moved that the following amendment by Senators Sheahan, Honeyford, Rossi, Stevens, Hale, Swecker, Morton, McCaslin and Oke be adopted:

On page 3, after line 10, insert the following:

"Sec. 1. RCW 67.70.190 and 1994 c 218 s 5 are each amended to read as follows:

Unclaimed prizes shall be retained in the state lottery account for the person entitled thereto for one hundred eighty days after the drawing in which the prize is won, or after the official end of the game for instant prizes. If no claim is made for the prize within this time, the prize shall be distributed as follows: the first two million seven hundred fifty thousand dollars in each fiscal year shall be transferred to the fair fund created in RCW 15.76.115, and any remaining funds shall be retained in the state lottery fund for further use as prizes, and all rights to the prize shall be extinguished."

Renumber the remaining sections and correct any internal references accordingly.

Debate ensued.

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

Further debate ensued.

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Sheahan, Honeyford, Rossi, Stevens, Hale, Swecker, Morton, McCaslin and Oke on page 3, after line 10, to Substitute Senate Bill No. 6680.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 18; Nays, 28; Absent, 2; Excused, 1.

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

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

Absent: Senators Finkbeiner and McCaslin - 2.

Excused: Senator Sellar - 1.

MOTION

On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 6680 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. 6680.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6680 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, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, 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, West, Winsley, Wojahn and Zarelli - 46.

Absent: Senators Finkbeiner and McCaslin - 2.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 6680, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Goings, Senator Franklin was excused.

MOTION

On motion of Senator Honeyford, Senator McCaslin was excused.

SECOND READING

SENATE BILL NO. 6678, by Senators Rasmussen, Roach, Patterson, West, Heavey, Deccio, Winsley, Honeyford, Snyder, Morton, T. Sheldon, Benton, Johnson, Gardner, McDonald, Stevens, Eide, Kohl-Welles, Bauer, Sheahan, Thibaudeau and Shin

Repealing parimutuel wagering sunset provisions.

The bill was read the second time.

MOTION

On motion of Senator Prentice, the rules were suspended, Senate Bill No. 6678 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. 6678.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6678 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 0; Excused, 3.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Fraser, Gardner, Goings, Hale, Heavey, Hochstatter, Honeyford, 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, West, Winsley, Wojahn and Zarelli - 43.

Voting nay: Senators Fairley, Hargrove and Haugen - 3.

Excused: Senators Franklin, McCaslin and Sellar - 3.

SENATE BILL NO. 6678, 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, Senators Thibaudeau and Wojahn were excused.

SECOND READING

SENATE BILL NO. 6479, by Senators Eide, McAuliffe, Goings, Brown, Patterson, Costa, Fraser, Jacobsen, Kline, Rasmussen and Kohl-Welles

Addressing concerns about pesticide use in schools.

MOTIONS

On motion of Senator Eide, Substitute Senate Bill No. 6479 was substituted for Senate Bill No. 6479 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Eide, the rules were suspended, Substitute Senate Bill No. 6479 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. 6479.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6479 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

Excused: Senators Franklin, Sellar, Thibaudeau and Wojahn - 4.

SUBSTITUTE SENATE BILL NO. 6479, 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. 6732, by Senators Spanel, Haugen and Sellar

Clarifying the definition of “tourism-related facility.”

MOTIONS

On motion of Senator Spanel, Substitute Senate Bill No. 6732 was substituted for Senate Bill No. 6732 and the substitute bill was placed on second reading and read the second time.

Senator Hochstatter moved that the following amendment be adopted:

On page 2, line 20, after "means" insert "public libraries,"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Hochstatter on page 2, line 20, to Substitute Senate Bill No. 6732.

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

MOTION

On motion of Senator Spanel, the following striking amendment by Senators Spanel, Haugen, Patterson, Horn and McCaslin was adopted:Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. Nothing in chapter 452, Laws of 1997, or chapter 35, Laws of 1998, is intended to disallow any use or purpose permitted under section 1, chapter 290, Laws of 1994 as long as the use or purpose was proposed by the local government, but not implemented by May 20, 1997."

MOTIONS

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

On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "and creating a new section."

On motion of Senator Spanel, the rules were suspended, Engrossed Substitute Senate Bill No. 6732 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. 6732.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6732 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; 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, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 45.

Absent: Senator Brown - 1.

Excused: Senators Sellar, Thibaudeau and Wojahn - 3.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6732, 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 6:55 p.m., Senator Betti Sheldon moved that the Senate adjourn until 9:00 a.m., Friday, February 11, 2000.

PARLIAMENTARY INQUIRY

Senator Johnson: “A point of parliamentary inquiry, can that motion be pending while Senator Sheahan is recognized to give notice of reconsideration?”

REPLY BY THE PRESIDENT

President Owen: “A motion to adjourn is nondebatable.”

MOTION

Senator Johnson moved to table the motion to adjourn.

RULING BY THE PRESIDENT

President Owen: “The President believes that a motion to adjourn--he doesn’t believe--he knows--is the highest order and privileged motion of the highest order and nondebatable. There is no other motion that can be debated until that motion is taken care of--disposed of.”

MOTION

Senator Johnson moved to table the motion to adjourn.

REPLY BY THE PRESIDENT

President Owen: “The President believes that a motion to table can not be made, but we will find out.”

RULING BY THE PRESIDENT

President Owen: “In ruling upon the inquiry by Senator Johnson, in Reed’s Rules, it states, ‘To adjourn-- not amendable, not debatable; has precedence over all other motions.’ So, the only motion before us, unless withdrawn, is the motion by Senator Betti Sheldon to adjourn until Friday at 9:00 a.m.”

At 7:00 p.m., the Senate adjourned until 9:00 a.m., Friday, February 11, 2000.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate