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SIXTY-FIRST DAY

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MORNING SESSION

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Senate Chamber, Cherberg Building, Olympia, Friday, March 9, 2001

      The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Brown, Finkbeiner, Hargrove, Parlette, Patterson and Rasmussen. On motion of Senator Eide, Senators Brown, Hargrove, Patterson and Rasmussen were excused. On motion of Senator Honeyford, Senators Finkbeiner and Parlette were excused.

      The Sergeant at Arms Color Guard, consisting of Len Whitney and Don Vest, presented the Colors. Reverend John Stroeh, pastor of the Lutheran Church of the Good Shepherd Church in Olympia, offered the prayer.


MOTION


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


INTRODUCTION AND FIRST READING

 

SB 6142             by Senators McCaslin, Oke, Swecker, Benton and Hochstatter


      AN ACT Relating to disclosures to landlords by sex offenders and kidnapping offenders; amending RCW 9A.44.130; and prescribing penalties.

 

Referred to Committee on Human Services and Corrections.


SECOND READING


      SENATE BILL NO. 5601, by Senators Thibaudeau, Deccio, Franklin, Winsley, Costa, Fraser and Kohl-Welles

 

Removing the two-year limited license renewal limit on teaching-research medical professionals.


MOTIONS


      On motion of Senator Thibaudeau, Substitute Senate Bill No. 5601 was substituted for Senate Bill No. 5601 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. 5601 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. 5601.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5601 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

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

     Excused: Senators Brown, Finkbeiner, Hargrove, Parlette, Patterson and Rasmussen - 6.

      SUBSTITUTE SENATE BILL NO. 5601, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE JOINT MEMORIAL NO. 8001, by Senator Franklin

 

Exploring the option of managing prescription drug prices through cooperative strategies with other Northwest states.


      The joint memorial was read the second time.

MOTION


      On motion of Senator Thibaudeau, the rules were suspended, Senate Joint Memorial No. 8001 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. 8001.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Joint Memorial No. 8001 and the joint memorial passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

     Excused: Senators Brown, Parlette, Patterson and Rasmussen - 4.

      SENATE JOINT MEMORIAL NO. 8001, having received the constitutional majority, was declared passed.


SECOND READING


      SENATE BILL NO. 5187, by Senators Johnson, Kline and Constantine

 

Updating creditor/debtor personal property exemptions.


MOTIONS


      On motion of Senator Kline, Substitute Senate Bill No. 5187 was substituted for Senate Bill No. 5187 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 5187 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 Benton: “Senator Johnson, does the bill increase the homestead exemption for the home?”

      Senator Johnson: “This bill addresses personal property only.”

      Senator Benton: “Only?”

      Senator Johnson: “Not real property.”

      Senator Benton: “We had a bill a couple years ago that would have increased the exemption to the home and that is not including anywhere in this legislation?”

      Senator Johnson: “It is unaffected by this bill.”

      Senator Benton: “Okay, thank you.”


      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5187.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5187 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Parlette - 1.

      SUBSTITUTE SENATE BILL NO. 5187, 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. 5252, by Senators McCaslin, Kline, Fairley, Hewitt, Patterson, Long, Constantine, Roach and Costa

 

Expanding venue for local courts during emergencies and when the defendant appears electronically from a location outside the district.


      The bill was read the second time.


MOTION


      On motion of Senator Kline, the rules were suspended, Senate Bill No. 5252 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. 5252.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5252 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Parlette - 1.

      SENATE BILL NO. 5252, 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. 5390, by Senators Constantine, Winsley, Rossi, Fraser, Horn, Fairley, Thibaudeau, Honeyford, Kohl-Welles, Parlette, Prentice, T. Sheldon, Sheahan, Snyder and Rasmussen

 

Clarifying tax exemptions for sale or use of orthotic devices.


      The bill was read the second time.


MOTION


      On motion of Senator Constantine, the rules were suspended, Senate Bill No. 5390 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. 5390.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5390 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SENATE BILL NO. 5390, 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. 5442, by Senators Snyder, Jacobsen, Morton and Oke (by request of Department of Fish and Wildlife)

 

Allowing the use of certain salmon fishing gear with an experimental fishery permit.


MOTIONS


      On motion of Senator Jacobsen, Substitute Senate Bill No. 5442 was substituted for Senate Bill No. 5442 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. 5442 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. 5442.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5442 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 5442, 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. 5361, by Senators Parlette, Honeyford, Hewitt, Hale, Morton, Swecker, Hochstatter, Long, Oke, McCaslin, Sheahan and Fraser

 

Regarding instream flows and trust water rights.


MOTIONS


      On motion of Senator Parlette, Substitute Senate Bill No. 5361 was substituted for Senate Bill No. 5361 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Parlette, the rules were suspended, Substitute Senate Bill No. 5361 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. 5361.



ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5361 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 5361, 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. 5522, by Senators Kastama, Hargrove, Thibaudeau, Winsley, Kohl-Welles, Long, Costa, Snyder, Deccio, Fraser and Rasmussen

 

Creating an office of mental health ombudsman.


MOTIONS


      On motion of Senator Kastama, Substitute Senate Bill No. 5522 was substituted for Senate Bill No. 5522 and the substitute bill was placed on second reading and read the second time.

      Senator Kastama moved that the following amendment by Senators Kastama, Hargrove and Long be adopted:

       On page 3, line 1, after "section" strike "11" and insert "10"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Kastama, Hargrove and Long on page 3, line 1, to Substitute Senate Bill No. 5522.

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


MOTION


      Senator Kastama moved that the following amendment by Senators Kastama, Hargrove and Long be adopted:

       On page 7, beginning on line 20, after "(4)" strike all material through "program." on line 24, and insert "Provide for the training and certification of paid and volunteer mental health ombudsmen. Paid mental health ombudsmen shall recruit, supervise, and provide ongoing training of certified volunteer mental health ombudsmen. Volunteers may be recruited to otherwise assist with mental health ombudsman and quality review team services."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Kastama, Hargrove and Long on page 7, beginning on line 20, to Substitute Senate Bill No. 5522.

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


MOTION


      On motion of Senator Kastama, the rules were suspended, Engrossed Substitute Senate Bill No. 5522 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. 5522.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5522 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5522, 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. 5186, by Senators Thibaudeau, Winsley, Costa and Kohl-Welles (by request of Department of Social and Health Services)

 

Modifying department of social and health services' family planning services.


      The bill was read the second time.


MOTION


      Senator Stevens moved that the following amendment by Senators Stevens, Deccio, Oke, Benton, Long, Morton, McCaslin, Sheahan, Rossi, Zarelli, Swecker, Hochstatter, Roach and McDonald be adopted:



       On page 1, line 17, after "pregnancy" insert the following: “However, a facility or organization where abortions are performed, or which provides referrals for abortions, shall not be reimbursed for any family planning services provided under RCW 74.09."

       Renumber the sections consecutively and correct any internal references accordingly.


POINT OF ORDER


      Senator Thibaudeau: “A point of order, Mr. President. I would respectfully request a ruling on scope and object of this amendment. I would hope that the body knows that the source of the funding for family planning services, which is Title 10, and which is matched by the state with ten percent and the feds with ninety percent, specifically prohibits the use of these funds for abortions.”

      Debate ensued.


MOTION


      On motion of Senator Betti Sheldon, further consideration of Senate Bill No. 5186 was deferred.


SECOND READING


      SENATE BILL NO. 5289, by Senators T. Sheldon and Gardner

 

Expanding the definition of "public facilities" for purposes of the use of certain revenues in rural counties.


      The bill was read the second time.

MOTION


      Senator Tim Sheldon moved that the following amendment be adopted:

       On page 2, line 25, after "Washington." insert the following: ""Public facilities" do not include electric generation or distribution facilities."

      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 25, to Senate Bill No. 5289.

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


MOTION


      On motion of Senator Tim Sheldon, the rules were suspended, Engrossed Senate Bill No. 5289 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5289.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5289 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      ENGROSSED SENATE BILL NO. 5289, 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. 5352, by Senators Horn and Kline (by request of Department of Community, Trade, and Economic Development)

 

Increasing the building code council fee.


      The bill was read the second time.

MOTION


      On motion of Senator Horn, the rules were suspended, Senate Bill No. 5352 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


PARLIAMENTARY INQUIRY


      Senator Benton: “Mr. President, a parliamentary inquiry. Senate Bill No. 5352 includes an increase in fees. I would like to ask the President to tell us whether or not this fee increase falls within the perimeters of Initiative 601 passed by the voters of this state. If it does, does it require a two-thirds vote by this body in order to raise this fee? Is it considered a tax or a fee and if it is a fee, does it require a two-thirds vote of the chamber in order to pass it?”



MOTION


      On motion of Senator Betti Sheldon, further consideration of Senate Bill No. 5352 was deferred.


SECOND READING


      SENATE BILL NO. 5533, by Senators Eide, Rasmussen, Swecker, Patterson, Fairley, Zarelli, Roach, Jacobsen, Kohl-Welles, Costa, McAuliffe, Spanel, Franklin, Shin, B. Sheldon, Constantine, Hargrove, Kastama, Prentice, Kline, Stevens and Gardner (by request of Department of Agriculture)

 

Posting and notification of pesticide applications at schools.


MOTIONS


      On motion of Senator Eide, Substitute Senate Bill No. 5533 was substituted for Senate Bill No. 5533 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. 5533 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. 5533.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5533 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

     Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

     Voting nay: Senators Benton, Hochstatter and Honeyford - 3.

      SUBSTITUTE SENATE BILL NO. 5533, 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 Eide, Senator McAuliffe was excused.


SECOND READING


      SENATE BILL NO. 5392, by Senators Long, Constantine and Kline (by request of Administrator for the Courts)

 

Changing provisions relating to emancipation of minors.


      The bill was read the second time.


MOTION


      On motion of Senator Long, the rules were suspended, Senate Bill No. 5392 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. 5392.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5392 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator McAuliffe - 1.

      SENATE BILL NO. 5392, 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. 5319, by Senators Haugen, Horn and Gardner

 

Changing provisions relating to the municipal research council.



MOTIONS


      On motion of Senator Patterson, Substitute Senate Bill No. 5319 was substituted for Senate Bill No. 5319 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5319 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. 5319.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5319 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Absent: Senator Johnson - 1.

      SUBSTITUTE SENATE BILL NO. 5319, 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. 5364, by Senators Horn, Haugen and Benton

 

Modifying drivers' license and identicard provisions.


MOTIONS


      On motion of Senator Horn, Substitute Senate Bill No. 5364 was substituted for Senate Bill No. 5364 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Zarelli, the following amendment by Senators Zarelli, Fairley, Kline, Finkbeiner, Benton, Rossi, Hargrove and Horn

was adopted:

       On page 2, line 33, after "RCW 26.23.120." insert the following:

       "PROVIDED, that the governor, through the department of social and health services, shall seek a waiver to the federal mandate to record social security numbers on applications for professional, driver's, occupational, and recreational licenses, and, if such a waiver is obtained, then this section shall be null and void."


MOTION


      On motion of Senator Horn, the rules were suspended, Engrossed Substitute Senate Bill No. 5364 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. 5364.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5364 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5364, 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 Eide, Senator Kline was excused.


SECOND READING


      SENATE JOINT MEMORIAL NO. 8007, by Senators Shin, Costa, Roach, Prentice, Rasmussen, Regala and Patterson

 

Requesting a specific domain designation for internet pornography websites.


      The joint memorial was read the second time.


MOTION


      On motion of Senator Tim Sheldon, the rules were suspended, Senate Joint Memorial No. 8007 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8007.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Joint Memorial No. 8007 and the joint memorial passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Kline - 1.

      SENATE JOINT MEMORIAL NO. 8007, having received the constitutional majority, was declared passed.


MOTION


      On motion of Senator Hewitt, Senator Honeyford was excused.


SECOND READING


      SENATE BILL NO. 5118, by Senators Costa, Long, Hargrove, Fairley and Oke

 

Enacting the interstate compact for adult offender supervision.


MOTIONS


      On motion of Senator Costa, Substitute Senate Bill No. 5118 was substituted for Senate Bill No. 5118 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. 5118 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. 5118.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5118 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Honeyford - 1.

      SUBSTITUTE SENATE BILL NO. 5118, 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. 5141, by Senators Hale, Patterson, Costa, McCaslin, Haugen, Sheahan, Finkbeiner, Carlson, Hochstatter, Oke, Winsley and Rasmussen

 

Requiring nonpartisan sheriffs.


      The bill was read the second time.


MOTION


      On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5141 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. 5141.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5141 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.

     Voting yea: Senators Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Fraser, Gardner, Hale, Hargrove, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McCaslin, Oke, Patterson, Rasmussen, Regala, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau and Winsley - 29.

     Voting nay: Senators Benton, Brown, Constantine, Franklin, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McAuliffe, McDonald, Morton, Parlette, Prentice, Roach, Rossi, Snyder, West and Zarelli - 20.

      SENATE BILL NO. 5141, 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 10:44 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 11:42 a.m. by President Owen.


SENATE RESOLUTION 2001-8617


By Senator Snyder, McAuliffe, Haugen, Hargrove, Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli


      WHEREAS, Joanne "Obie" Alger was a much loved and dedicated staff member of the Senate and Legislative families; and

      WHEREAS, She supervised the Legislature's toll-free hotline for nearly twenty years, ensuring a critical and caring connection between the citizens of Washington State and their elected officials; and

      WHEREAS, Joanne left us too suddenly and far too soon on Friday, December 15, 2000, leaving family and friends saddened to have lost her, but blessed to have known her at all; and

      WHEREAS, Her small stature seemed out of proportion to her big heart, endless wit, and enormous reservoir of Irish fortitude; and

      WHEREAS, Joanne was blessed with a large, loving and talented family, including three sons, two daughters, and twelve beautiful grandchildren; and

      WHEREAS, Appreciating the combination of skill, chance and competition, Joanne loved playing bridge as a Life Master of the American Contract Bridge League, and also enjoyed the camaraderie and fun with her bi-monthly Pinochle group; and

      WHEREAS, Joanne was an avid and patient baseball fan and will be looking down when the Mariners finally win the World Series; and

      WHEREAS, We will all miss her deeply, but are comforted by the knowledge that our loss is Heaven's gain;

      NOW, THEREFORE BE IT RESOLVED, that the Washington State Senate mourn the loss of this wonderful person, but cherish her memory and extend its thanks for her dedicated service to this institution and state; and

      BE IT FURTHER RESOLVED, that copies of this resolution be transmitted by the Secretary of the Senate to Joanne Alger's family and the Legislative Hotline.


MOTION


      Senator Snyder: “Thank you, Mr. President. I move adoption of the resolution. It is a great honor and privilege for me to stand here today and say a few words about Obie. I was Secretary of the Senate when she was first hired, and I worked a lot closer with her then than I did after I became a member, because our roles changed a little bit. She was an inspiration to a lot of people. I had a niece that worked in the hotline during the session over the years and she had a great deal of admiration for Obie and for her leadership and the friendship that she provided to her, and for the love that she showed for everybody. With the employees, I think, there wasn’t a more favorite person than Obie. I’ve never heard anybody utter a bad word about her and I think she was an inspiration to all of us. She carried out her duties on the hotline with the utmost efficiency and it is indeed a pleasure for me to stand here today and urge adoption of this resolution.”


REMARKS BY SENATOR McAULIFFE


      Senator McAuliffe: “Thank you, Mr. President. I stand to support this resolution, recognizing the years of service Joanne Obie Alger provided for the people in the state of Washington. The hotline is the voice that connects our people to their government--your constituents and my constituents. Sometimes they just want to send a message; sometimes they’re angry and frustrated. Joanne provided the culture of caring and respect within the hotline room. I visited that room a few years ago. Have any of you ever been to the hotline room? It is a large room with chairs and many of the employees have on earphones. People sit for hours and listen to the people that call in. It takes a big heart, a sense of humor, and a lot of caring to work for the hotline. So today, I would like to stand and recognize Joanne Obie Alger and all of the people in that hotline room and to honor their work. I ask you to join me.”


REMARKS BY SENATOR OKE


      Senator Oke: “Thank you, Mr. President. I, too, stand in honor of this resolution for Joanne. Joanne was a personal friend of mine. Quite often we had hugs. I like to hug and she was a hugger, and I know God is now hugging Joanne. She was a connection for a lot of us for our constituents to the Legislature. The only time some folks get to feel that they’re talking to the Legislature is their calls to the hotline. I have never heard a complaint from any of my constituents directed to those folks that run that hotline system for us. They are always so pleasant, and they share the right information to us--and allow us to get back to them. Joanne, we love you and God bless you.”


REMARKS BY SENATOR HARGROVE


      Senator Hargrove: “Thank you, Mr. President. Well, the only thing I would like to add to that is that sometimes I think the hotline is a little too efficient, because I get way too many hotlines sometimes. It was very interesting here to see--I think it was one of her grandchildren--run down the front here a minute ago. I’m sure she would be very pleased with that. It reminds me of a session about sixteen years ago in the House, where my two year old ran down the floor--a little red-head. He’s nineteen years old now and we remind him of it all the time. So, I’m sure, young man, you’ve made a little piece of history here, and I’m sure your grandmother would be very proud of that. We’ll miss her dearly and we would just like to support this resolution.”


REMARKS BY SENATOR HAUGEN


      Senator Haugen: “Thank you, Mr. President. Well, I too want to stand and support this resolution. For a number of years, my office was right next door to the hotline, so I knew very well what was going on there. I can tell you that it’s not surprising to see that Joanne has a very large family because, in essence the hotline was like a large family--this large family--and I will miss her dearly. Everytime I get a hotline today, I think about those people who work so hard for us. I think we often do not realize how they are there all the time. We were here, but they were always there getting those messages and it did run very efficiently because of Joanne. I know that it will continue to run without Joanne, but it will be with a saddened heart by many of those wonderful people who work there. I’m just privileged to stand here today and say ‘thanks’ to the family for the sacrifice of her working here. We all know as people who work and women who work outside of the home, that you do make a sacrifice to your family, but she was the kind of person who had more than enough love for you and for us, too. Thank you very much.”


MOTIONS


      On motion of Senator Snyder, the names of all members of the Senate will be added as sponsors of the resolution.

      On motion of Senator Snyder, the remarks on the resolution by the members will be spread across the Journal and sent to the family.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced Joanne’s children and their families, who were seated in the back of the Chamber: Bob, Lynn, Lauren, Jillian, and Gabriel Walker from Mt. Vernon; Sue and Peter Means from Aberdeen; Steve, Renae, and Tess Alger from Bothell; Mike Alger from Reno; Mark, Zachary and Tyson Alger from Alaska, as well as their father John Alger from Tacoma.


      The President also welcomed and introduced Joanne’s coworkers from the hotline and bill room: Donna Bezon, Shirley Caldwell, Jim Flynn, Carole Hiner, Nancy Peterson, Wanda Riley, Susan and Ronald Ringwood, Vivian Wilford, Betty Evans, Sally Erker, Vyonne McDonnell, Maryanne Sigman, Annie Thompson, Jeff Adams, Terry Hoey and Cynthia Kaiser.


MOTION


      At 11:40 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:30 p.m.


      The Senate was called to order at 1:30 p.m. by President Owen.


MOTION


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


MOTIONS


      On motion of Senator Honeyford, Senators Johnson, McDonald, Roach and Zarelli were excused.

      On motion of Senator Eide, Senators Hargrove, Haugen and Patterson were excused.


SECOND READING


      SENATE BILL NO. 5531, by Senator Spanel

 

Restricting shrimp pot and commercial fishery licenses.


      The bill was read the second time.


MOTION


      On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5531 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. 5531.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5531 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 41.

      Absent: Senator Deccio - 1.

      Excused: Senators Hargrove, Haugen, Johnson, McDonald, Patterson, Roach and Zarelli - 7.

      SENATE BILL NO. 5531, 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.


PARLIAMENTARY INQUIRY


      Senator McCaslin: “Mr. President, a point of parliamentary inquiry. Senate Rule 45 (1) requires committees to either provide or vote to waive five day’s notice before hearing a measure. Mr. President, I ask, assuming the first and only time a committee considers a measure is during executive session, does the five day notice rule apply? If not, I am concerned that committees could pass bills without any public notice whatsoever.”


RULING BY THE PRESIDENT


      President Owen: “In ruling on the point of parliamentary inquiry raised by Senator McCaslin concerning whether the five day notice requirement in Senate Rule 45 (1) applies to bills in committee considered for the first time in executive session. It is not the President’s practice to issue advisory opinions of hypothetical facts. Each point of order must be judged on its individual merits. Although the President will wait for a point of order on actual facts to issue a binding opinion on this issue, the President might suggest that the safest course for committee chairs is to adhere to the five day rule--either give or waive five days notice as the case may be--for bills considered for the first time in executive session.”


SECOND READING


      SENATE BILL NO. 5241, by Senators Johnson, Constantine, Sheahan, Kline, Costa, Zarelli and Roach

 

Changing provisions relating to venue.


MOTIONS


      On motion of Senator Kline, Substitute Senate Bill No. 5241 was substituted for Senate Bill No. 5241 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 5241 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. 5241.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5241 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

     Excused: Senators McDonald, Patterson and Zarelli - 3.

      SUBSTITUTE SENATE BILL NO. 5241, 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 Senate Bill No. 5186, deferred on second reading earlier today


RULING BY THE PRESIDENT


      President Owen: “In ruling upon the point of order raised by Senator Thibaudeau to the scope and object of the amendment by Senators

Stevens, Deccio, Oke, Benton, Long, Morton, McCaslin, Sheahan, Rossi, Zarelli, Swecker, Hochstatter, Roach and McDonald on page 1, line 17, to Senate Bill No. 5186, the President finds that Senate Bill No. 5186 is a measure which provides that the Department of Social and Health Services may seek and implement a federal waiver to expand eligibility for family planning service funding. The measure defines the kinds of family planning services which are eligible to receive funding, including sterilization and contraception services. The amendment would refine eligibility criteria by excluding from participation those organizations that provide family planning services which include abortion services or referrals.

      “In reference to Senator Thibaudeau’s argument that the amendment would merely restate federal law as it now exists, the President notes that whether an amendment duplicates existing law is not relevant to question of scope and object. The President, therefore, rules that the point of order is not well taken and the amendment on page 1, line 17, to be in order.”


      The President ruled that the amendment by Senators Stevens, Deccio, Oke, Benton, Long, Morton, McCaslin, Sheahan, Rossi, Zarelli, Swecker, Hochstatter, Roach and McDonald on page 1, line 17, to Senate Bill No. 5186 to be in order.


      The President declared the question before the Senate to be the adoption of the amendment by Senators Stevens, Deccio, Oke, Benton, Long, Morton, McCaslin, Sheahan, Rossi, Zarelli, Swecker, Hochstatter, Roach and McDonald on page 1, line 17, to Senate Bill No. 5186.

      Debate ensued.

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


MOTION


      On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 5186 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. 5186.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5186 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 19; Absent, 0; Excused, 2.

     Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Haugen, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Winsley - 28.

     Voting nay: Senators Benton, Deccio, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Johnson, Long, McCaslin, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Stevens, Swecker and West - 19.

     Excused: Senators McDonald and Zarelli - 2.

      SENATE BILL NO. 5186, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      There being no objection, the President advanced the Senate to the seventh order of business.


      There being no objection, the Senate resumed consideration of Senate Bill No. 5352, deferred on third reading earlier today.


RULING BY THE PRESIDENT


      President Owen: “In ruling upon the parliamentary inquiry raised by Senator Benton, regarding the number of votes necessary to pass Senate Bill No. 5352, the President finds that Senate Bill No. 5352 raises the building code permit fee, which funds the building code council account.

      “RCW 43.35.035 (Initiative 601) concerns the raising of ‘state revenues.’ The building code council account is a dedicated account and is not appropriated under the state general fund budget.

      “The President, therefore, rules that the final passage of Senate Bill No. 5352 requires a simple majority vote.”


      The President ruled that Senate Bill No. 5352 would require a simple majority vote on final passage of the bill.


      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5352.

      Debate ensued.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5352 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 19; Absent, 0; Excused, 2.

     Voting yea: Senators Brown, Carlson, Constantine, Costa, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Haugen, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, West and Winsley - 28.

     Voting nay: Senators Benton, Deccio, Eide, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Johnson, McCaslin, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens and Swecker - 19.

     Excused: Senators McDonald and Zarelli - 2.

       SENATE BILL NO. 5352, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

  

      There being no objection, the President returned the Senate to the sixth order of business.


SECOND READING


      SENATE BILL NO. 5115, by Senators Costa, Long, Fairley, Kline, Hargrove and McCaslin

 

Revising court filing fees for tax warrants and recovery of state agency overpayments.


MOTIONS


      On motion of Senator Costa, Substitute Senate Bill No. 5115 was substituted for Senate Bill No. 5115 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. 5115 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. 5115.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5115 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

       Excused: Senator McDonald - 1.

      SUBSTITUTE SENATE BILL NO. 5115, 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. 5389, by Senator Gardner

 

Adjusting small claims jurisdiction.


      The bill was read the second time.


MOTION


      On motion of Senator Gardner, the rules were suspended, Senate Bill No. 5389 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. 5389.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5389 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

       Excused: Senator McDonald - 1.

      SENATE BILL NO. 5389, 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 Patterson: “A point of personal privilege, Mr. President. Two days ago, I stood and asked the Senate to say a prayer for the police officer that was shot and murdered in my little city of Des Moines, Washington. Today, I want to stand and ask you folks to say another prayer, because today four more people in the city of Des Moines were found shot to death in their home. I don’t have all the information. I understand that they were young people--teenagers. I don’t have any more details, but the shooting took place at two hundred and twenty-sixth street, which is right up the street from Mt. Rainier High School where my children go to school. I am really hurting and I would appreciate if you would all consider saying a prayer for these childrens’ families and for my city of Des Moines and for us all.”


MOMENT OF SILENCE


      The Senate stood for a moment of silence to remember the teenagers and their families who were shot in Des Moines earlier today.


SECOND READING


      SENATE BILL NO. 5151, by Senators Carlson, Winsley, Honeyford, Franklin, Long, Fraser, McAuliffe, Kohl-Welles, Rasmussen, Haugen and Parlette (by request of Joint Committee on Pension Policy)

 

Increasing the number of hours that teachers' retirement system plan retirees may work in an eligible position to eight hundred forty without a reduction in their retirement benefits.


      The bill was read the second time.


MOTION


      On motion of Senator Carlson, the rules were suspended, Senate Bill No. 5151 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. 5151.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5151 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator McDonald - 1.

      SENATE BILL NO. 5151, 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. 5573, by Senators Snyder and Kohl-Welles

 

Authorizing raffles by student groups and public hospital districts.


MOTIONS


      On motion of Senator Prentice, Substitute Senate Bill No. 5573 was substituted for Senate Bill No. 5573 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. 5573 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


PARLIAMENTARY INQUIRY


      Senator Hochstatter: “A parliamentary inquiry, Mr. President. Does this bill require a sixty percent vote to pass? Does it increase gambling?”


RULING BY THE PRESIDENT


      President Owen: “The President finds that Substitute Senate Bill No. 5573 would permit increased occurrences of gambling activity. Therefore, under Article II, Section 24 of the State Constitution., the President rules that a sixty percent vote (thirty votes) is required on final passage.”


      The President ruled that Substitute Senate Bill No. 5573 would require a sixty percent vote on final passage of the bill.


      Further debate ensued.


POINT OF INQUIRY


      Senator Zarelli: “Senator Prentice, my question would be, because we are on school grounds, and we would be selling tickets, and if this bill passes and is signed into law, it would be considered gambling, what is the legality of selling a raffle ticket then to a minor? If a ticket was sold to a fellow student and we consider this as gambling, would that then be an illegal activity?”

      Senator Prentice: “I know that this has been worked out with the Gambling Commission. I remember that they addressed this. Senator Snyder, can you help me out on this on? I know that they worked this out very carefully. I guess I would like to remind people that gambling is already present in many churches. It certainly is available and, in fact, that is why children are allowed in bingo parlors. In fact, when the Gambling Commission first took over in 1973, one of the first regulations that they didn’t let us have--and I was a PTA mother then--was that they didn’t allow us to have cakewalks and things like that. I know that they no longer are that rigid and they have approved this type of activity.”

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5573.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5573 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Winsley - 30.

     Voting nay: Senators Haugen, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, Morton, Oke, Parlette, Patterson, Roach, Rossi, Shin, Stevens, Swecker, West and Zarelli - 18.

       Excused: Senator McDonald - 1.

      SUBSTITUTE SENATE BILL NO. 5573, having received the constitutional sixty percent 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. 5159, by Senators Winsley, Gardner, Kohl-Welles, Horn, Prentice and Carlson

 

Authorizing four-year public institutions of higher education to participate with the state in investing surplus funds.


      The bill was read the second time.


MOTION


      On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5159 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. 5159.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5159 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 1; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 46.

     Voting nay: Senator Swecker - 1.

      Absent: Senator Oke - 1.

      Excused: Senator McDonald - 1.

      SENATE BILL NO. 5159, 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. 5457, by Senators Kohl-Welles, Carlson, Jacobsen and Horn (by request of Workforce Training and Education Coordinating Board)

 

Changing liability and licensure provisions for private vocational schools.


      The bill was read the second time.


MOTION


      On motion of Senator Kohl-Welles, the rules were suspended, Senate Bill No. 5457 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. 5457.


ROLL CALL


      The secretary called the roll on the final passage of Senate Bill No. 5457 and the bill passed the Senate by the following vote: Yeas,

48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator McDonald - 1.

      SENATE BILL NO. 5457, 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. 5734, by Senators Hale, Hewitt and Parlette

 

Modifying requirements to receive state allocations for an agricultural fair.


MOTIONS


      On motion of Senator Rasmussen, Substitute Senate Bill No. 5374 was substituted for Senate Bill No. 5374 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5374 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. 5374.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5374 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

      Excused: Senator McDonald - 1.

      SUBSTITUTE SENATE BILL NO. 5374, 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. 5112, by Senators Costa, Swecker, Fairley, Oke, Gardner, Haugen, Eide, Kohl-Welles and Patterson

 

Applying child restraint system laws to children up to eight years of age or eighty pounds.


MOTIONS


      On motion of Senator Costa, Substitute Senate Bill No. 5112 was substituted for Senate Bill No. 5112 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Costa, the following amendment by Senators Hargrove, Costa, Haugen, Zarelli, Finkbeiner, Swecker, Johnson and Oke was adopted:

       On page 2, after "old" on line 6, strike "and/"

MOTION


      On motion of Senator Costa, the rules were suspended, Engrossed Substitute Senate Bill No. 5112 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. 5112.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5112 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 40.

     Voting nay: Senators Deccio, Hochstatter, McCaslin, Morton, Parlette, Roach, Stevens and Zarelli - 8.

     Excused: Senator McDonald - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5112, 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. 5296, by Senators Thibaudeau, Oke, Franklin, Winsley, Costa and Gardner (by request of Governor Locke and Attorney General Gregoire)

 

Limiting minors' access to tobacco.


      The bill was read the second time.

MOTION


      On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 5296 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. 5296.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5296 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 44.

      Voting nay: Senators Hochstatter, Honeyford, McCaslin and West - 4.

      Excused: Senator McDonald - 1.

      SENATE BILL NO. 5296, 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. 5236, by Senators Kohl-Welles, Long, Thibaudeau, Costa, McAuliffe, Eide, Stevens, Fairley, Prentice, Franklin, Fraser, Carlson, Spanel, Regala, Hargrove, Oke and Patterson

 

Ensuring the health and safety of newborn infants who have been abandoned and exempting from criminal liability persons who abandon them into the custody of a qualified person.


MOTIONS


      On motion of Senator Hargrove, Substitute Senate Bill No. 5236 was substituted for Senate Bill No. 5236 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. 5236 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. 5236.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5236 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator McDonald - 1.

      SUBSTITUTE SENATE BILL NO. 5236, 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. 5683, by Senators Horn and Haugen; (by request of Washington State Patrol)

 

Adding an ex officio member to the building code council.


      The bill was read the second time.


MOTION


      On motion of Senator Horn, the rules were suspended, Senate Bill No. 5683 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. 5683.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5683 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator McDonald - 1.

      SENATE BILL NO. 5683, 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. 5367, by Senators Fraser, Long, Patterson, Costa, Regala and Jacobsen (by request of Department of Community, Trade, and Economic Development)

 

Changing competitive grant requirements for community mobilization programs.


      The bill was read the second time.


MOTION


      On motion of Senator Fraser, the rules were suspended, Senate Bill No. 5367 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. 5367.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5367 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

    Excused: Senator McDonald - 1.

      SENATE BILL NO. 5367, 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. 5407, by Senators West, Prentice, Kohl-Welles, Gardner and Rasmussen

 

Allowing more simulcast horse racing.


MOTIONS


      On motion of Senator West, Substitute Senate Bill No. 5407 was substituted for Senate Bill No. 5407 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 5407 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


PARLIAMENTARY INQUIRY


      Senator Fairley: “A parliamentary inquiry, Mr. President. When we’ve discussed gambling before, we’ve said that bills that add new forms of gambling or authorized added appearances require a sixty percent vote. My inquiry is does this require a sixty percent vote on final passage? This bill allows race tracks to have more hours of simulcasting on race days. Right now, they can do only one card on a race day and this is eight to ten races, so this bill would allow almost unlimited simulcasting of races on race days and more opportunity for people to place bets and therefore more gambling. I would argue that adding occurrences of simulcasting under past precedence that we have had in this body, would be an expansion of gambling and therefore require a sixty percent vote.”

      Debate ensued.


MOTION


      On motion of Senator Betti Sheldon, further consideration of Substitute Senate Bill No. 5407 was deferred.


SECOND READING


      SENATE BILL NO. 5219, by Senators Eide, Prentice, Swecker, Rasmussen and Hochstatter

 

Modifying contracts for the sale of travel-related benefits.


MOTIONS


      On motion of Senator Eide, Substitute Senate Bill No. 5219 was substituted for Senate Bill No. 5219 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. 5219 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. 5219.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5219 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator McDonald - 1.

      SUBSTITUTE SENATE BILL NO. 5219, 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. 5472, by Senators Johnson, Constantine and Kline (by request of Administrator for the Courts)

 

Changing provisions relating to termination of municipal courts and service contracts.


MOTIONS


      On motion of Senator Kline, Substitute Senate Bill No. 5472 was substituted for Senate Bill No. 5472 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 5472 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. 5472.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5472 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.




     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator McDonald - 1.

      SUBSTITUTE SENATE BILL NO. 5472, 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 4:04 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 6:30 p.m. by President Owen.


SECOND READING


      SENATE BILL NO. 5176, by Senator Kohl-Welles

 

Authorizing adoption of rules to implement medical marijuana law.


MOTIONS


      On motion of Senator Thibaudeau, Substitute Senate Bill No. 5176 was substituted for Senate Bill No. 5176 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. 5176 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. 5176.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5176 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 10; Absent, 1; Excused, 1.

     Voting yea: Senators Brown, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Winsley - 37.

     Voting nay: Senators Benton, Carlson, Honeyford, Johnson, Roach, Rossi, Stevens, Swecker, West and Zarelli - 10.

     Absent: Senator Deccio - 1.

     Excused: Senator McDonald - 1.

      SUBSTITUTE SENATE BILL NO. 5176, 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. 5305, by Senators Constantine and McCaslin (by request of Office of the Code Reviser)

 

Correcting outdated references and double amendments.


      The bill was read the second time.


MOTION


      On motion of Senator Constantine, the rules were suspended, Senate Bill No. 5305 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. 5305.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5305 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator McDonald - 1.

      SENATE BILL NO. 5305, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.






SECOND READING


      SENATE BILL NO. 5583, by Senators Long, Hargrove, Stevens, Costa, Carlson, Hewitt, Kohl-Welles, Franklin, Kastama, Winsley and Regala

 

Implementing recommendations of the joint legislative audit and review committee's performance audit of the public mental health system.


MOTIONS


      On motion of Senator Long, Substitute Senate Bill No. 5583 was substituted for Senate Bill No. 5583 and the substitute bill was placed on second reading and read the second time.

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

       On page 2, line 2, after "diligently" insert "within available funds"


MOTION


      On motion of Senator Long, the rules were suspended, Engrossed Substitute Senate Bill No. 5583 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. 5583.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5583 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator McDonald - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5583, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Honeyford, Senator Deccio was excused.


SECOND READING


      SENATE BILL NO. 5207, by Senators Hargrove, Franklin and Kohl-Welles

 

Regulating DNA testing.

MOTIONS


      On motion of Senator Hargrove, Substitute Senate Bill No. 5207 was substituted for Senate Bill No. 5207 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. 5207 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. 5207.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5207 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

     Excused: Senators Deccio and McDonald - 2.

      SUBSTITUTE SENATE BILL NO. 5207, 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. 5282, by Senators Franklin and Kohl-Welles

 

Regulating use of DNA in insurance transactions.




MOTIONS


      On motion of Senator Hargrove, Substitute Senate Bill No. 5282 was substituted for Senate Bill No. 5282 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. 5282 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. 5282.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5282 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator McDonald - 1.

      SUBSTITUTE SENATE BILL NO. 5282, 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. 5582, by Senators Roach, McAuliffe, Winsley, Patterson, Fairley, Morton, Kastama, Hochstatter, Deccio, Swecker, Long, Carlson, Finkbeiner, Hewitt, Stevens, Sheahan, Zarelli, Rossi, Kohl-Welles and Regala

 

Authorizing the conditional employment of teachers with lapsed certificates.


      The bill was read the second time.

MOTION


      On motion of Senator Roach, the rules were suspended, Senate Bill No. 5582 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. 5582.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5582 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator McDonald - 1.

      SENATE BILL NO. 5582, 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. 5064, by Senators Prentice and Winsley (by request of Gambling Commission)

 

Defining degrees of gambling cheating.


      The bill was read the second time.


MOTION


      On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5064 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. 5064.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5064 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

       Absent: Senator Haugen - 1.

      SENATE BILL NO. 5064, 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 Eide, Senator Fairley was excused.


SECOND READING


      SENATE BILL NO. 5127, by Senators Prentice, Patterson, McAuliffe and McDonald

 

Determining the number of unclassified personnel in the sheriff's office.


      The bill was read the second time.

MOTION


      On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5127 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. 5127.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5127 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

    Excused: Senator Fairley - 1.

      SENATE BILL NO. 5127, 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. 5502, by Senator Prentice

 

Modifying boxing officials' licensing requirements.


MOTIONS


      On motion of Senator Prentice, Substitute Senate Bill No. 5502 was substituted for Senate Bill No. 5502 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. 5502 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. 5502.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5502 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Fairley - 1.

      SUBSTITUTE SENATE BILL NO. 5502, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      There being no objection, the President advanced the Senate to the seventh order of business.

      There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5407, deferred on third reading earlier today.


RULING BY THE PRESIDENT


      President Owen: “In ruling upon the point of inquiry by Senator Fairley concerning the number of votes necessary to pass Substitute Senate Bill No. 5407, the President finds that the measure would remove restrictions on the number of simulcast races that may be imported by horse racing associations on live race days. Because the measure would permit increased occurrences of gambling, the President rules that a sixty percent vote (thirty votes) is required on final passage in accordance with Article II, Section 24 of the State Constitution.

      “Senator West is correct that tracks already have the prior authority under the law to adjust their live and dark day race schedules to increase the number of simulcast races they may import. However, for purposes of this inquiry, the President’s analysis must start with the fact that tracks do not have the prior authority to offer unlimited simulcasts on a given live race day.”


      The President ruled that Substitute Senate Bill No. 5407 would require a sixty percent majority vote on final passage of the bill.




MOTION


      On motion of Senator West, further consideration of Substitute Senate Bill No. 5407 was deferred one bill, since Senator Fairley is excused.



      There being no objection, the President returned the Senate to the sixth order of business.


SECOND READING


      SENATE BILL NO. 5238, by Senators Patterson, Johnson, McCaslin, Haugen and Fairley

 

Modifying the board of commissioners of a water-sewer district.


MOTIONS


      On motion of Senator Patterson, Substitute Senate Bill No. 5238 was substituted for Senate Bill No. 5238 and the substitute bill was placed on second reading and read the second time.

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

       On page 4, beginning on line 22, after "county" strike all material through "held" on line 24 and insert "auditor"

       On page 4, at the beginning of line 25, after "the" strike all material through "counties" and insert "county auditor"

       On page 6, after line 21, insert the following:

       "NEW SECTION. Sec. 5 RCW 57.08.110 (Association of commissioners--Purposes--Powers--Expenses) and 1999 c 153 s 13, 1996 c 230 s 318, 1995 c 301 s 76, 1973 1st ex.s. c 195 s 68, 1970 ex.s. c 47 s 5, & 1961 c 242 s 1 are each repealed."


MOTIONS


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

       On page 1, line 2 of the title, after "57.12.039;" strike "and"

       On page 1, line 3 of the title, after "57.12 RCW" insert "; and repealing RCW 57.08.110"

      On motion of Senator Patterson, the rules were suspended, Engrossed Substitute Senate Bill No. 5238 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. 5238.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5238 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5238, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      There being no objection, the President advanced the Senate to the seventh order of business.

      There being no objection, the Senate resumed considered of Substitute Senate Bill No. 5407, deferred earlier today after the President ruled that the bill would require a sixty percent majority vote 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. 5407.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5407 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Deccio, Finkbeiner, Fraser, Gardner, Hale, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau, West and Winsley - 31.

       Voting nay: Eide, Fairley, Franklin, Hargrove, Haugen, Hochstatter, Long, McDonald, Oke, Parlette, Patterson, Prentice, Regala, Shin, Stevens, Swecker, and Zarelli - 17.

       Absent - Costa - 1.

      SUBSTITUTE SENATE BILL NO. 5407, having received the constitutional sixty percent majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      Senator Patterson moved that the Senate immediately consider Senate Bill No. 5585.




PARLIAMENTARY INQUIRY


      Senator West: “Is Senator Patterson moving us to the ninth order to pull the bill from Rules where it currently resides? Mr. President, I have just been informed that the bill is still in committee. Is she suggesting we go to the ninth order of business?”




RULING BY THE PRESIDENT


      President Owen: “In ruling upon Senator West’s parliamentary inquiry, the President finds that Senate Bill No. 5585 is resting comfortably in the Senate Transportation Committee. In order to relieve that committee of the bill, it would take an amendment of the concurrent resolution and to be in the ninth order of business to do that.”


WITHDRAWAL OF MOTION


      There being no objection, Senator Patterson withdrew the motion to immediately consider Senate Bill No. 5585.


SECOND READING


      SENATE BILL NO. 5283, by Senators Franklin and Kohl-Welles

 

Prohibiting discriminatory use of DNA in employment matters.


MOTIONS


      On motion of Senator Hargrove, Substitute Senate Bill No. 5283 was substituted for Senate Bill No. 5238 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. 5283 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. 5283.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5283 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 48.

       Voting Nay: Swecker - 1;

      SUBSTITUTE SENATE BILL NO. 5283, 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. 5500, by Senators Hargrove and Long

 

Revising programs and proceedings for children under the BECCA and HOPE acts.


MOTIONS


      On motion of Senator Hargrove, Substitute Senate Bill No. 5500 was substituted for Senate Bill No. 5500 and the substitute bill was placed on second reading and read the second time.

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

       On page 20, line 5, after "days" insert "or a fine not to exceed one hundred dollars, or both"


MOTIONS


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

       On page 20, line 27, after "extended" insert "to no more than twenty-one days"

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

       On page 1, line 5 of the title, after "RCW;" insert "prescribing penalties;"


MOTION


      On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 5500 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. 5500.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5500 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Long, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

       Voting Nay: Fairley, Kohl-Welles, McAuliffe -3;

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5500, 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. 5984, by Senators Hargrove, Deccio, Hewitt, Long and Franklin

 

Changing provisions relating to public access to child dependency hearings and foster parent complaint information.


MOTIONS


      On motion of Senator Hargrove, Substitute Senate Bill No. 5984 was substituted for Senate Bill No. 5984 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. 5984 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. 5984.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5984 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 5984, 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. 5235, by Senators Prentice and Winsley

 

Outlining requirements for the operation of a PACE program in Washington state.


MOTIONS


      On motion of Senator Prentice, Substitute Senate Bill No. 5235 was substituted for Senate Bill No. 5235 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. 5235 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. 5235.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5235 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 5235, 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. 5374, by Senators Constantine, Winsley, Prentice and McCaslin

 

Imposing criminal penalties and sanctions for the unauthorized sale of baby food, infant formula, cosmetics, nonprescription drugs, or medical devices.

 

      The bill was read the second time.


MOTIONS


      On motion of Senator Constantine, the following amendment by Senators Constantine, Fairley, Winsley and Prentice was adopted:

       On page 3, line 18, after "cosmetics," strike "personal care products,"

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

       On page 1, line 3 of the title, after "cosmetics," strike "personal care products,"


MOTION


      On motion of Senator Constantine, the rules were suspended, Engrossed Senate Bill No. 5374 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. 5374.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5374 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Deccio, Finkbeiner, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Long, McCaslin, Morton, Oke, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 32.

       Voting nay: Costa, Eide, Fairley, Franklin, Fraser, Haugen, Honeyford, Kline, Kohl-Welles, McAuliffe, McDonald, Parlette, Patterson, Roach, Sheldon, T., Snyder, West, - 17

      ENGROSSED SENATE BILL NO. 5374, 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. 5863, by Senators Snyder and Zarelli (by request of Department of Natural Resources)

 

Allowing the department of natural resources to exchange certain bedlands to obtain clear title to certain property on the Cowlitz river.


      The bill was read the second time.


MOTION


      On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5863 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. 5863.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5863 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SENATE BILL NO. 5863, 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. 6110, by Senators Spanel, Gardner and Kohl-Welles


      Providing for the administration of a Puget Sound crab pot buoy tag program.


MOTIONS


      On motion of Senator Jacobsen, Substitute Senate Bill No. 6110 was substituted for Senate Bill No. 6110 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. 6110 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. 6110.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6110 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

       Voting nay: Hochstatter - 1.

      SUBSTITUTE SENATE BILL NO. 6110, 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 8:30 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 8:30 a.m., Saturday, March 10, 2001.


BRAD OWEN, President of the Senate


TONY COOK, Secretary of the Senate