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FORTIETH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, February 16, 2001

      The Senate was called to order at 10:00 a.m. by President Pro Tempore Franklin. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Costa, Finkbeiner, McCaslin, Oke, Patterson and Swecker. On motion of Senator Honeyford, Senators Finkbeiner, McCaslin, Oke and Swecker were excused. On motion of Senator Eide, Senators Costa and Patterson were excused.

      The Sergeant at Arms Color Guard consisting of Pages Keisha Nathan and Garrett Jones, presented the Colors. Senator Bob Morton offered the prayer.


MOTION


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


REPORTS OF STANDING COMMITTEES


February 15, 2001

SB 5049             Prime Sponsor, Senator Kohl-Welles: Providing limitations on placement of a child in out-of-home care when a conflict of interest exists. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: That Substitute Senate Bill No. 5049 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl-Welles, Long and Stevens.


      Passed to Committee on Rules for second reading.


February 14, 2001

SB 5099             Prime Sponsor, Senator Winsley: Designating medical directors. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: That Substitute Senate Bill No. 5099 be substituted therefor, and the substitute bill do pass. Signed by Senators Thibaudeau, Chair; Franklin, Vice Chair; Costa, Deccio, Fraser, Parlette and Winsley.


      Passed to Committee on Rules for second reading.


February 15, 2001

SB 5122             Prime Sponsor, Senator Costa: Revising procedures and standards for commitment of sexually violent predators. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: That Substitute Senate Bill No. 5122 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl-Welles, Long and Stevens.


      Passed to Committee on Rules for second reading.


February 14, 2001

SB 5176             Prime Sponsor, Senator Kohl-Welles: Authorizing adoption of rules to implement medical marijuana law. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: That Substitute Senate Bill No. 5176 be substituted therefor, and the substitute bill do pass. Signed by Senators Thibaudeau, Chair; Franklin, Vice Chair; Costa, Deccio, Fraser, Parlette and Winsley.


      Passed to Committee on Rules for second reading.


February 14, 2001

SB 5185             Prime Sponsor, Senator Thibaudeau: Developing a home and community-based waiver for persons in community residential settings. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: That Substitute Senate Bill No. 5185 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Thibaudeau, Chair; Franklin, Vice Chair; Costa, Deccio, Fraser and Winsley.


      Referred to Committee on Ways and Means.


February 15, 2001

SB 5221             Prime Sponsor, Senator Kohl-Welles: Increasing public and parental access to information regarding child care service. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: That Substitute Senate Bill No. 5221 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl-Welles, Long and Stevens.


      Referred to Committee on Ways and Means.


February 14, 2001

SB 5222             Prime Sponsor, Senator Franklin: Requiring the registration of certain school health personnel. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: That Substitute Senate Bill No. 5222 be substituted therefor, and the substitute bill do pass. Signed by Senators Thibaudeau, Chair; Franklin, Vice Chair; Costa, Deccio, Fraser, Parlette and Winsley.


      Referred to Committee on Ways and Means.


February 14, 2001

SB 5258             Prime Sponsor, Senator Costa: Regulating disclosure of health care information. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass. Signed by Senators Thibaudeau, Chair; Franklin, Vice Chair; Costa, Deccio, Fraser, Parlette and Winsley.


      Passed to Committee on Rules for second reading.


February 14, 2001

SB 5291             Prime Sponsor, Senator Costa: Requiring certain immunizations of staff and residents of long-term care facilities. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: That Substitute Senate Bill No. 5291 be substituted therefor, and the substitute bill do pass. Signed by Senators Thibaudeau, Chair; Franklin, Vice Chair; Costa, Deccio, Fraser and Winsley.


      Passed to Committee on Rules for second reading.


February 14, 2001

SB 5296             Prime Sponsor, Senator Thibaudeau: Limiting minors' access to tobacco. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass. Signed by Senators Thibaudeau, Chair; Franklin, Vice Chair; Costa, Deccio, Fraser, Parlette and Winsley.


      Passed to Committee on Rules for second reading.


February 14, 2001

SB 5302             Prime Sponsor, Senator Snyder: Providing a tax exemption for certain persons providing services for developmentally disabled persons. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Thibaudeau, Chair; Franklin, Vice Chair; Costa, Deccio, Fraser, Parlette and Winsley.


      Referred to Committee on Ways and Means.


February 15, 2001

SB 5322             Prime Sponsor, Senator Kohl-Welles: Providing child day-care licensing information to the public through a toll-free number. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: That Substitute Senate Bill No. 5322 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl-Welles, Long and Stevens.


      Referred to Committee on Ways and Means.


February 14, 2001

SB 5399             Prime Sponsor, Senator Thibaudeau: Regarding the history of caregiver performance in long-term care services. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: That Substitute Senate Bill No. 5399 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Thibaudeau, Chair; Franklin, Vice Chair; Costa, Deccio, Fraser, Parlette and Winsley.


      Referred to Committee on Ways and Means.


February 14, 2001

SB 5433             Prime Sponsor, Senator Regala: Providing for establishment of parent and child relationship for children born through assisted conception. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation : That Substitute Senate Bill No. 5433 be substituted therefor, and the substitute bill do pass. Signed by Senators Thibaudeau, Chair; Franklin, Vice Chair; Costa, Deccio, Fraser, Parlette and Winsley.


      Passed to Committee on Rules for second reading.


February 15, 2001

SB 5476             Prime Sponsor, Senator Patterson: Issuing credit cards to persons under the age of twenty-one. Reported by Committee on Labor, Commerce and Financial Institutions


      MAJORITY Recommendation: That Substitute Senate Bill No. 5476 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Gardner, Vice Chair; Benton, Franklin, Hochstatter, Patterson, Rasmussen, Regala and Winsley.


      Passed to Committee on Rules for second reading.


February 14, 2001

SB 5478             Prime Sponsor, Senator Franklin: Reducing childhood lead exposure. Reported by Committee on Health and Long-Term Care

 

MAJORITY Recommendation : Do pass. Signed by Senators Thibaudeau, Chair; Franklin, Vice Chair; Costa, Fraser and Winsley.


      Passed to Committee on Rules for second reading.


February 15, 2001

SB 5541             Prime Sponsor, Senator Jacobsen: Exempting wind or solar energy electric generating facilities from sales and use taxes. Reported by Committee on Environment, Energy and Water


      MAJORITY Recommendation: That Substitute Senate Bill No. 5541 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Hale, Honeyford, Jacobsen, McDonald and Morton.


      Referred to Committee on Ways and Means.


February 14, 2001

SB 5601             Prime Sponsor, Senator Thibaudeau: Removing the two-year limited license renewal limit on teaching-research medical professionals. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: That Substitute Senate Bill No. 5601 be substituted therefor, and the substitute bill do pass. Signed by Senators Thibaudeau, Chair; Franklin, Vice Chair; Costa, Deccio, Fraser, Parlette and Winsley.


      Passed to Committee on Rules for second reading.


February 15, 2001

SB 5648             Prime Sponsor, Senator Eide: Providing sales and use tax exemptions for energy efficient lights and household appliances. Reported by Committee on Environment, Energy and Water


      MAJORITY Recommendation: That Substitute Senate Bill No. 5648 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Hale, Honeyford, Jacobsen, McDonald and Morton.


      Referred to Committee on Ways and Means.


February 15, 2001

SB 5815             Prime Sponsor, Senator Prentice: Making payment of agency commissions for agency liquor vendor stores. Reported by Committee on Labor, Commerce and Financial Institutions


      MAJORITY Recommendation: That the bill be referred to Committee on Ways and Means without recommendation. Signed by Senators Prentice, Chair; Gardner, Vice Chair; Hochstatter, Patterson, Rasmussen, Regala, West and Winsley.


      Referred to Committee on Ways and Means.


February 15, 2001

SCR 8404          Prime Sponsor, Senator Kohl-Welles: Adopting the update to the state comprehensive plan for work force training and education. Reported by Committee on Higher Education


      MAJORITY Recommendation: That Substitute Senate Bill No. 8404 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette and B. Sheldon.


      Referred to Committee on Ways and Means.


MOTION


      On motion of Senator Betti Sheldon, Senate Bill No. 5222 was referred to the Committee on Ways and Means.


MESSAGE FROM STATE OFFICE


STATE OF WASHINGTON

DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Olympia, Washington 98504-5000

January 9, 2001

Mr. Tony Cook

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482


Dear Mr. Cook:

      Enclosed is the department's Report to the Legislature entitled "Annual Quality Assurance." It is mandated under RCW 43.20A.870.

      Please call Tammy Cordova at (360) 902-7926 if you have questions regarding the report.

Sincerely,

DENNIS BRADDOCK, Secretary

  

      The Department of Social and Health Services Report on Annual Quality Assurance is on file in the Office of the Secretary of the Senate.


MESSAGE FROM STATE OFFICE


STATE OF WASHINGTON

DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Olympia, Washington 98504-5000


February 8, 2001

Mr. Tony Cook

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482


Dear Mr. Cook:

      Enclosed is the department's Report to the Legislature entitled "Billing Third-party Payers for Hospital Services." It is mandated under Chapter 309, Laws of 1999, Section 205(5)(A).

      Please call Paul Bigelow at (360) 902-0817 if you have questions regarding the report.

Sincerely,

DENNIS BRADDOCK, Secretary

  

      The Department of Social and Health Services Report on Billing Third-party Payers for Hospital Services is on file in the Office of the Secretary of the Senate.


MESSAGE FROM STATE OFFICE


WASHINGTON STATE INSTITUTE FOR PUBLIC POLICY

110 East Fifth Avenue, Suite 214

P. O. Box 40999

Olympia, Washington 98504-0999


February 12, 2001

Secretary Tony Cook

Secretary of the Senate

Legislative Building

P.O. Box 40482

Olympia, Washington 98504-0482


Dear Secretary Cook:

      The 2000 Legislature directed the Washington State Institute for Public Policy to compare placement decisions and funding methodologies for residential care services for children in long-term foster care and to examine the best practices in other states (EHB 2487). This report addresses the placement and funding decisions; a separate report will cover innovative practices and a literature review.

      The enclosed report represents preliminary findings, as they are based on half the anticipated sample. In order to provide necessary protection to both children in foster care and their caregivers, researchers followed informed consent procedures that extended the study’s time frame. A final report will be produced by the end of March 2001.

      If you have any questions, please call me at (360) 586-2768.

Sincerely,

ROXANNE LIEB, Director


      The Washington State Institute For Public Policy Report on placement and funding decisions for residential care services for children in long-term foster care is on file in the Office of the Secretary of the Senate.


INTRODUCTION AND FIRST READING

 

SB 6064             by Senator McCaslin

 

AN ACT Relating to law enforcement service districts; and adding a new chapter to Title 36 RCW.

Referred to Committee on State and Local Government.

 

SB 6065             by Senators Parlette, Rasmussen., Deccio and Sheahan

 

AN ACT Relating to analysis of potential for water storage facilities in the Wenatchee river drainage to improve instream flows and water supply; creating a new section; and making an appropriation.

Referred to Committee on Ways and Means.

 

SB 6066             by Senators Spanel and Haugen

 

AN ACT Relating to impact fees for fire protection facilities in urban growth areas not contiguous to a city or town; and amending RCW 82.02.090.

Referred to Committee on State and Local Government.

 

SB 6067             by Senators West, Deccio, McDonald, Kohl-Welles and Sheahan

 

AN ACT Relating to creating an advisory committee on cancer coordination and control; adding a new section to chapter 43.70 RCW; creating a new section; and declaring an emergency.

Referred to Committee on Health and Long-Term Care.

 

SB 6068             by Senators Kline and Prentice

 

AN ACT Relating to community development financial institutions; amending RCW 43.86A.030; and adding new sections to chapter 43.86A RCW.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 6069             by Senators Regala, Jacobsen, McAuliffe, Winsley and Rasmussen

 

AN ACT Relating to school building rehabilitation or restoration; amending RCW 28A.525.166; and creating a new section.

Referred to Committee on Education.

 

SB 6070             by Senators Patterson, Roach, Fairley, Horn, T. Sheldon, Kline, McCaslin, Honeyford, Prentice, Jacobsen, Oke, Snyder, Franklin, Swecker, Zarelli, Rasmussen, McDonald, Sheahan, Johnson, West, Hale, Rossi, Regala, Deccio, Carlson, Hewitt, Gardner, McAuliffe, B. Sheldon, Haugen, Morton, Spanel, Shin, Benton, Stevens, Constantine, Costa, Hochstatter, Eide, Hargrove, Finkbeiner, Parlette and Winsley

 

AN ACT Relating to incorporating effective economic development planning into growth management planning; amending RCW 36.70A.020, 36.70A.030, 36.70A.070, 36.70A.210, and 36.70A.215; and providing an effective date.

Referred to Committee on State and Local Government.

 

SB 6071             by Senators Finkbeiner, Stevens and Jacobsen

 

AN ACT Relating to attachments to transmission facilities owned by public utility districts that provide wholesale telecommunications services under RCW 54.16.330 and 54.16.340; amending RCW 80.54.010; and adding a new section to chapter 54.16 RCW.

Referred to Committee on Economic Development and Telecommunications.

 

SJM 8017           by Senators Snyder and Winsley

 

Supporting the federal railroad retirement and survivor's improvement act.

 

Referred to Committee on Ways and Means.


MOTION


      On motion of Senator Betti Sheldon, Senate Bill No. 6012, which was held on the desk February 13, 2001, was referred to the Committee on Environment, Energy and Water.


MOTION


      At 10:06 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 Pro Tempore Franklin.



SECOND READING


      SENATE BILL NO. 5093, by Senators T. Sheldon, Oke and Rasmussen

 

Modifying provisions concerning the unlawful dumping of solid waste.


      The bill was read the second time.


MOTION


      On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5093 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5093.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5093 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 43.

     Excused: Senators Costa, Finkbeiner, McCaslin, Oke, Patterson and Swecker - 6.

       SENATE BILL NO. 5093, 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. 5443, by Senators Spanel, Jacobsen and Kohl-Welles (by request of Department of Fish and Wildlife)

 

Changing required renewal dates in order to validly renew certain commercial fishing licenses.


MOTIONS


      On motion of Senator Jacobsen, Substitute Senate Bill No. 5443 was substituted for Senate Bill No. 5443 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. 5443 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5443.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5443 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 43.

     Excused: Senators Costa, Finkbeiner, McCaslin, Oke, Patterson and Swecker - 6.

      SUBSTITUTE SENATE BILL NO. 5443, 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. 5068, by Senators Prentice and Winsley (by request of Department of Financial Institutions)

 

Regulating credit unions.


MOTIONS


      On motion of Senator Prentice, Substitute Senate Bill No. 5068 was substituted for Senate Bill No. 5068 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5068 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5068.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5068 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 43.

     Excused: Senators Costa, Finkbeiner, McCaslin, Oke, Patterson and Swecker - 6.

      SUBSTITUTE SENATE BILL NO. 5068, 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. 5123, by Senators Costa, Long and Hargrove

 

Revising the crime of escape as it relates to sexually violent predators.


MOTIONS


      On motion of Senator Hargrove, Substitute Senate Bill No. 5123 was substituted for Senate Bill No. 5123 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5123 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5123.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5123 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 43.

     Excused: Senators Costa, Finkbeiner, McCaslin, Oke, Patterson and Swecker - 6.

      SUBSTITUTE SENATE BILL NO. 5123, 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. 5048, by Senators Long, Hargrove, Winsley and Costa

 

Changing provisions relating to less restrictive alternative commitments.


      The bill was read the second time.


MOTION


      On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 5048 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5048.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5048 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 43.

     Excused: Senators Costa, Finkbeiner, McCaslin, Oke, Patterson and Swecker - 6.

      SENATE BILL NO. 5048, 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. 5038, by Senators McCaslin and Kline

 

Incorporating amendments into the reorganized chapter 9.94A RCW.


      The bill was read the second time.


MOTION


      On motion of Senator Kline, the rules were suspended, Senate Bill No. 5038 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5038.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5038 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 43.

     Excused: Senators Costa, Finkbeiner, McCaslin, Oke, Patterson and Swecker - 6.

      SENATE BILL NO. 5038, 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. 5315, by Senators Fraser and Morton (by request of Department of Health)


      Including drinking water accounts in interest-bearing accounts.


      The bill was read the second time.


MOTION


      On motion of Senator Fraser, the rules were suspended, Senate Bill No. 5315 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5315.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5315 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 43.

     Excused: Senators Costa, Finkbeiner, McCaslin, Oke, Patterson and Swecker - 6.

      SENATE BILL NO. 5315, 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. 5052, by Senators Johnson and Constantine

 

Making technical corrections to trust and estate dispute resolution provisions.


MOTIONS


      On motion of Senator Kline, Substitute Senate Bill No. 5052 was substituted for Senate Bill No. 5052 and the substitute bill was placed on second reading and read the second time.

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

      On page 4, beginning on line 32, after "(b)" strike all material through "prudently" on page 5, line 1, and insert "In appointing the special representative the court shall give due consideration and deference to any nomination(s) made in the petition, the special skills required in the representation, and the need for a representative who will act independently and prudently"

       On page 5, line 4, after "independence" insert ", however, the court may consider any interests that the nominating fiduciary may have in the estate or trust in making the determination"

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senator Johnson on page 4, beginning on line 32, and page 5, line 4, to Substitute Senate Bill No. 5052.

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


MOTION


      On motion of Senator Kline, the rules were suspended, Engrossed Substitute Senate Bill No. 5052 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5052.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5052 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 43.

     Excused: Senators Costa, Finkbeiner, McCaslin, Oke, Patterson and Swecker - 6.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5052, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


PERSONAL PRIVILEGE


      Senator Constantine: “Thank you, Madam President. I rise to a point of personal privilege. As you will recall, there is a pint of ice cream for each of you Senators. They have restored the function of our freezer down stairs and your pints of ice cream are available and should be picked up today. I will tell you, briefly, my fellow Senators, that the flavors are butter toffee pecan, dollar mint, husky flake--and that is not a self reference--mocha almond fudge, strawberry grand marnier and vanilla--first come, first serve--and they do need the space, because their food deliveries are taken on Monday. So, if possible, if you can eat your ice cream or take it home or to the freeze in your office, we would appreciate it. Thank you so much and enjoy.”

  

MOTION


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


SENATE RESOLUTION 2001-8618


By Senators Roach, Sheahan, Winsley, Stevens, Hale, Kohl-Welles, Johnson, Benton, Long, Kastama, and Zarelli


      WHEREAS, ninety years ago, on February 6, 1911, Ronald Wilson Reagan was born to John and Nelle Reagan in the family’s modest apartment above the general store in Tampico, Illinois; and

      WHEREAS, John Reagan struggled both before and during the Great Depression in his attempts to provide for his family, until he was appointed director of the Dixon, Illinois, Office of the Works Progress Administration, a New Deal, back to work program; and

      WHEREAS, Ronald Reagan, building upon a successful career in the private sector, acted upon the courage of his convictions and entered the world of politics and public service as Governor of California;

      WHEREAS, Ronald Reagan was extraordinarily successful at communicating his vision to the American people, in words such as these from his first inaugural address as Governor of California:

We are a humane and generous people and we accept without reservation our obligation to help the aged, disabled, and those unfortunates who, through no fault of their own, must depend on their fellow man. But we are not going to perpetuate poverty by substituting a permanent dole for a paycheck. There is no humanity or charity in destroying self-reliance, dignity, and self-respect . . . the very substance of moral fiber . .

and;

      WHEREAS, during his career as a public servant, Ronald Reagan was unafraid to do battle on the great issues of his time and, in the words of Theodore Roosevelt, enter the arena, strive valiantly, and spend himself for a worthy cause; and

      WHEREAS, Ronald Reagan, as all great American Presidents, used the power of the Presidency as he deemed best to invigorate our economy, put Americans to work, honor our obligation to those who need help, and inspire all Americans to seek a more perfect Union;

      WHEREAS, Ronald Reagan’s leadership, with the support of the American people, helped to end the Cold War, set many nations on a path to freedom and democracy, and promoted greater peace and stability to many regions of the world;.

      NOW, THEREFORE, BE IT RESOLVED, that the Washington State Senate hereby recognizes and honors our Fortieth President, Ronald Wilson Reagan, in this month of his ninetieth birthday.


      Senators Roach and Benton spoke to Senate Resolution 2001-8618.


MOTION


      At 12:07 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Monday, February 19, 2001.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate