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THIRTY-SEVENTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Tuesday, February 18, 2003

The Senate was called to order at 10:00 a.m. by President Pro Tempore Winsley. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present.

The Sergeant at Arms Color Guard, consisting of Pages Alicia Sommer and Joshua Bocchino, presented the Colors. Mary Lynne Reiner, from The Temple Beth Hatfiloh in Olympia, offered the prayer.

MOTION

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

MESSAGE FROM THE HOUSE

February 17, 2003

MR. PRESIDENT:

The House has passed HOUSE JOINT MEMORIAL NO. 4016, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

INTRODUCTION AND FIRST READING

SB 5865 by Senators B. Sheldon and Oke

AN ACT Relating to recreation facilities; and amending RCW 36.100.030.

Referred to Committee on Parks, Fish and Wildlife.

SB 5866 by Senators Mulliken, Benton, Esser, Shin, Schmidt and T. Sheldon

AN ACT Relating to payment responsibility for utility service; and amending RCW 35.21.290, 35.67.200, 36.94.150, 57.08.081, and 80.28.010.

Referred to Committee on Natural Resources, Energy and Water.

SB 5867 by Senators Swecker, Oke, Doumit, Horn, Prentice, Eide, Schmidt, Regala, B. Sheldon and Jacobsen

AN ACT Relating to environmental remediation; amending RCW 82.04.050, 82.04.190, and 82.04.2635; providing an effective date; and declaring an emergency.

Referred to Committee on Natural Resources, Energy and Water.

SB 5868 by Senators Brown, West, Sheahan and Kohl-Welles

AN ACT Relating to driving abstracts of prospective volunteers; and reenacting and amending RCW 46.52.130.

Referred to Committee on Highways and Transportation.

SB 5869 by Senators T. Sheldon, Winsley, Eide, Schmidt, Prentice and Kline

AN ACT Relating to authorizing nonprofit corporations to participate in self-insurance risk pools; and amending RCW 48.62.011, 48.62.021, 48.62.031, 48.62.061, 48.62.071, 48.62.081, 48.62.091, 48.01.050, and 24.03.035.

Referred to Committee on Financial Services, Insurance and Housing.

SB 5870 by Senators Stevens, Regala, Parlette, McAuliffe, Rasmussen and Shin (by request of Department of Community, Trade, and Economic Development)

AN ACT Relating to registration of sex offenders and kidnapping offenders; and amending RCW 9A.44.130.

Referred to Committee on Children and Family Services and Corrections.

SB 5871 by Senators Horn, Kastama and Roach (by request of Department of General Administration)

AN ACT Relating to electronic and web-based bidding; and amending RCW 43.19.1906, 43.19.1908, and 43.19.1911.

Referred to Committee on Government Operations and Elections.

SB 5872 by Senators Oke and Doumit

AN ACT Relating to the accounting of the commercial harvest of food fish; adding a new section to chapter 77.15 RCW; and prescribing penalties.

Referred to Committee on Parks, Fish and Wildlife.

SB 5873 by Senators Deccio, Parlette, Prentice and Thibaudeau

AN ACT Relating to the administration and management of services to developmentally disabled individuals; amending RCW 71A.18.020; adding a new section to chapter 71A.18 RCW; and creating new sections.

Referred to Committee on Health and Long-Term Care.

SB 5874 by Senators Jacobsen, Kline and Kohl-Welles

AN ACT Relating to tolling authority of regional transportation investment districts; amending RCW 36.120.020, 36.120.050, and 47.56.076; and adding a new section to chapter 47.56 RCW.

Referred to Committee on Highways and Transportation.

SB 5875 by Senator Jacobsen

AN ACT Relating to fee increase restrictions for the department of agriculture; and amending RCW 43.135.055.

Referred to Committee on Agriculture.

SB 5876 by Senators Oke, Fairley, Stevens, Rasmussen, Brandland, Parlette, Spanel, Thibaudeau, Kohl-Welles and McAuliffe

AN ACT Relating to authorizing local governments to restrict or prohibit smoking in public places; amending RCW 70.160.080; and creating a new section.

Referred to Committee on Health and Long-Term Care.

SB 5877 by Senators Johnson, McAuliffe, Kohl-Welles and Rasmussen (by request of Governor Locke)

AN ACT Relating to the learning assistance program; adding new sections to chapter 28A.165 RCW; and repealing RCW 28A.165.010, 28A.165.012, 28A.165.030, 28A.165.040, 28A.165.050, 28A.165.060, 28A.165.070, 28A.165.080, and 28A.165.090.

Referred to Committee on Education.

SB 5878 by Senators Prentice, Mulliken, Esser, Deccio, Regala, Parlette, Rasmussen and Stevens

AN ACT Relating to the right of health care providers, carriers, and facilities to limit participation in or payment of services by reason of conscience or religion; and amending RCW 48.43.065 and 70.47.160.

Referred to Committee on Health and Long-Term Care.

SB 5879 by Senators Prentice, Deccio, Mulliken, Parlette, Rasmussen and Stevens

AN ACT Relating to conscience clauses; adding a new section to chapter 48.43 RCW; adding a new section to chapter 70.47 RCW; and creating a new section.

Referred to Committee on Health and Long-Term Care.

SB 5880 by Senators Reardon, Mulliken, Haugen, T. Sheldon, Shin, Schmidt, Doumit, Stevens and Hargrove

AN ACT Relating to the integration of shoreline management policies with the growth management act; and amending RCW 90.58.020 and 36.70A.480.

Referred to Committee on Land Use and Planning.

SB 5881 by Senators Kohl-Welles, Shin and Kline

AN ACT Relating to the duty of members of the clergy to report child abuse or neglect; amending RCW 26.44.020; reenacting and amending RCW 26.44.030; and creating a new section.

Referred to Committee on Judiciary.

SB 5882 by Senators Kline and Sheahan

AN ACT Relating to county law library funding; and amending RCW 27.24.070.

Referred to Committee on Judiciary.

SB 5883 by Senators Fraser, Kline and Kohl-Welles

AN ACT Relating to creating an environmental crimes prosecutor; adding a new section to chapter 43.10 RCW; and adding a new section to chapter 43.21A RCW.

Referred to Committee on Natural Resources, Energy and Water.

SB 5884 by Senators Keiser, Fraser and Kline

AN ACT Relating to evaluating and addressing the health risks associated with toxic air pollutants; adding a new section to chapter 70.94 RCW; and creating a new section.

Referred to Committee on Natural Resources, Energy and Water.

SB 5885 by Senators Parlette and Deccio

AN ACT Relating to the distribution of funds to community health clinics; adding a new section to chapter 41.05 RCW; and creating a new section.

Referred to Committee on Health and Long-Term Care.

SB 5886 by Senators Stevens, Reardon, Benton, Sheahan, Zarelli and Mulliken

AN ACT Relating to indication of voter abstention; and amending RCW 29.30.010.

Referred to Committee on Government Operations and Elections.

SB 5887 by Senators Kastama and Rasmussen

AN ACT Relating to clarifying that building operation and maintenance costs of housing projects or units within housing projects eligible to receive housing trust funds, that are affordable to very low-income persons with incomes at or below fifty percent of the area median income, are eligible for local funds; and amending RCW 36.22.178.

Referred to Committee on Financial Services, Insurance and Housing.

SB 5888 by Senators Esser, Finkbeiner, Horn and Kline

AN ACT Relating to housing allowances for public school teachers; amending RCW 28A.400.200, 84.52.0531, 41.32.010, 41.40.010, and 41.35.010; adding a new section to chapter 28A.400 RCW; adding a new section to chapter 28A.500 RCW; adding a new section to chapter 84.52 RCW; and creating a new section.

Referred to Committee on Education.

SB 5889 by Senators Swecker and Rasmussen

AN ACT Relating to animal feeding operations; amending RCW 90.64.030 and 90.64.150; adding a new section to chapter 90.64 RCW; creating new sections; providing an effective date; providing an expiration date; and declaring an emergency.

Referred to Committee on Agriculture.

SB 5890 by Senators Swecker, Rasmussen and Parlette

AN ACT Relating to a pilot project by the department of labor and industries to determine the feasibility and benefits for medical monitoring of agricultural workers; adding a new section to chapter 17.21 RCW; creating a new section; and declaring an emergency.

Referred to Committee on Agriculture.

SB 5891 by Senators Swecker and Rasmussen

AN ACT Relating to livestock identification; amending RCW 16.57.010, 16.57.015, 16.57.020, 16.57.023, 16.57.025, 16.57.030, 16.57.040, 16.57.050, 16.57.080, 16.57.090, 16.57.100, 16.57.120, 16.57.130, 16.57.140, 16.57.150, 16.57.160, 16.57.165, 16.57.170, 16.57.180, 16.57.200, 16.57.210, 16.57.220, 16.57.230, 16.57.240, 16.57.260, 16.57.270, 16.57.275, 16.57.280, 16.57.290, 16.57.300, 16.57.310, 16.57.320, 16.57.330, 16.57.340, 16.57.360, 16.57.370, 16.57.400, 16.57.410, 16.58.020, 16.58.030, 16.58.040, 16.58.050, 16.58.060, 16.58.070, 16.58.080, 16.58.095, 16.58.100, 16.58.110, 16.58.130, 16.58.140, 16.58.150, 16.58.160, 16.58.170, 16.65.010, 16.65.015, 16.65.020, 16.65.030, 16.65.037, 16.65.040, 16.65.042, 16.65.050, 16.65.080, 16.65.090, 16.65.100, 16.65.140, 16.65.170, 16.65.190, 16.65.200, 16.65.235, 16.65.260, 16.65.270, 16.65.280, 16.65.300, 16.65.340, 16.65.350, 16.65.380, 16.65.390, 16.65.400, 16.65.420, 16.65.422, 16.65.424, 16.65.440, and 16.65.445; adding new sections to chapter 16.57 RCW; adding a new section to chapter 16.65 RCW; adding a new section to chapter 42.17 RCW; creating a new section; repealing RCW 16.57.380, 16.65.110, 16.65.422, and 16.65.423; prescribing penalties; providing effective dates; and declaring an emergency.

Referred to Committee on Agriculture.

SB 5892 by Senators Swecker and Rasmussen

AN ACT Relating to livestock identification; amending RCW 16.57.010, 16.57.015, 16.57.020, 16.57.023, 16.57.025, 16.57.030, 16.57.040, 16.57.050, 16.57.080, 16.57.090, 16.57.100, 16.57.120, 16.57.130, 16.57.140, 16.57.150, 16.57.160, 16.57.165, 16.57.170, 16.57.180, 16.57.200, 16.57.210, 16.57.220, 16.57.230, 16.57.240, 16.57.260, 16.57.270, 16.57.275, 16.57.280, 16.57.290, 16.57.300, 16.57.310, 16.57.320, 16.57.330, 16.57.340, 16.57.360, 16.57.370, 16.57.400, 16.57.410, 16.65.010, 16.65.015, 16.65.020, 16.65.030, 16.65.037, 16.65.040, 16.65.042, 16.65.050, 16.65.080, 16.65.090, 16.65.100, 16.65.140, 16.65.170, 16.65.190, 16.65.200, 16.65.235, 16.65.260, 16.65.270, 16.65.280, 16.65.300, 16.65.340, 16.65.350, 16.65.380, 16.65.390, 16.65.400, 16.65.420, 16.65.424, 16.65.440, and 16.65.445; adding new sections to chapter 16.57 RCW; adding a new section to chapter 16.65 RCW; adding a new section to chapter 42.17 RCW; repealing RCW 16.58.010, 16.58.020, 16.58.030, 16.58.040, 16.58.050, 16.58.060, 16.58.070, 16.58.080, 16.58.095, 16.58.100, 16.58.110, 16.58.120, 16.58.130, 16.58.140, 16.58.150, 16.58.160, 16.58.170, 16.58.900, 16.58.910, 16.65.110, 16.65.422, 16.65.423, and 16.57.380; prescribing penalties; providing effective dates; and declaring an emergency.

Referred to Committee on Agriculture.

INTRODUCTION AND FIRST READING OF HOUSE BILL

HJM 4016 by Representatives Wood, Benson, Gombosky, Cox, Schoesler, Ahern, Schindler, Crouse, Sump, Skinner, Santos and McDermott

Designating the Michael P. Anderson Memorial Highway.

Referred to Committee on Highways and Transportation.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Swecker, Gubernatorial Appointment No. 9060, Valoria Loveland, as Director of the Department of Agriculture, was confirmed.

Senators Swecker, Hewitt, Betti Sheldon, Shin, Rasmussen, Hale, McAuliffe and Parlette spoke to the confirmation of Valoria Loveland as Director of the Department of Agriculture.

APPOINTMENT OF VALORIA LOVELAND

The Secretary called the roll, The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

SECOND READING

SENATE BILL NO. 5327, by Senators Deccio, Thibaudeau and Parlette

Clarifying the scope of practice of a dental hygienist.

MOTIONS

On motion of Senator Deccio, Substitute Senate Bill No. 5327 was substituted for Senate Bill No. 5327 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Deccio, the rules were suspended, Substitute Senate Bill No. 5327 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5327.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5327 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5327, 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 Parlette, Thibaudeau, Winsley, Keiser, Carlson, Honeyford, McAuliffe, Mulliken, Kohl-Welles, Hale, Roach, Esser, Brandland and Eide

Offering health care benefit plans to school district employees.

MOTIONS

On motion of Senator Parlette, 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 Parlette, 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 Pro Tempore 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, 49; Nays, 0; Absent, 0; Excused, 0.

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. 5096, by Senators Regala, Winsley, Carlson, Spanel, Jacobsen, Fraser, B. Sheldon, Kohl-Welles and Rasmussen (by request of Joint Committee on Pension Policy)

Allowing members of the teachers' retirement system plan 1 to use extended school years for calculation of their earnable compensation.

The bill was read the second time.

MOTION

On motion of Senator Carlson, the rules were suspended, Senate Bill No. 5096 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5096.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5096 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5096, 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. 5095, by Senators Spanel, Jacobsen, Carlson, B. Sheldon and Rasmussen (by request of Joint Committee on Pension Policy)

Allowing a member holding state elective office the option during each term of office of membership or retirement and beginning their retirement allowance in the law enforcement officers' and fire fighters' retirement system, the teachers' retirement system, the school employees' retirement system, and the public employees' retirement system.

The bill was read the second time.

MOTION

On motion of Senator Spanel, the rules were suspended, Senate Bill No. 5095 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5095.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5095 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.

Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

Voting nay: Senators Benton, Mulliken, Parlette and Stevens - 4.

SENATE BILL NO. 5095, 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. 5244, by Senator Hewitt

Authorizing additional powers for unclassified cities.

The bill was read the second time.

MOTION

On motion of Senator Kastama, the rules were suspended, Senate Bill No. 5244 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5244.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5244 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5244, 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. 5271, by Senators Honeyford, Hewitt and Parlette (by request of Department of Labor and Industries)

Regarding industrial insurance hearing loss claims.

The bill was read the second time.

MOTION

Senator Keiser moved that the following amendment by Senators Keiser and Franklin be adopted:

On page 2, after "within" on line 3, delete "two" and insert the following: "ten"

Debate ensued.

Senator Betti Sheldon demanded a roll call and the demand was sustained.

The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Keiser and Franklin on page 2, line 3, to Senate Bill No. 5271.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 23.

Voting nay: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 26.

MOTION

Senator Keiser moved that the following amendment by Senators Keiser and Franklin be adopted:

On page 2, after "worker's" on line 3, delete everything through "title" on line 5 and insert the following:

"initial application for Social Security retirement benefits or other pension benefits"

Debate ensued.

Senator Betti Sheldon demanded a roll call and the demand was sustained.

The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Keiser and Franklin on page 2, line 3, to Senate Bill No. 5271.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.

MOTION

On motion of Senator Honeyford, the rules were suspended Senate Bill No. 5271 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5271.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5271 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Esser, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 28.

Voting nay: Senators Brown, Eide, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 21.

SENATE BILL NO. 5271, 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. 5165, by Senators Kohl-Welles, Kline, McCaslin and Franklin

Regulating vehicular pursuit.

MOTIONS

On motion of Senator McCaslin, Substitute Senate Bill No. 5165 was substituted for Senate Bill No. 5165 and the substitute bill was placed on second reading and read the second time.

On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5165 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5165.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5165 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5165, 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. 5017, by Senators Hewitt, Mulliken, Morton, Stevens, Zarelli, Hale, Deccio and Parlette

Excluding minors working in family businesses from industrial insurance provisions.

MOTIONS

On motion of Senator Hewitt, Substitute Senate Bill No. 5017 was substituted for Senate Bill No. 5017 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Prentice, the following amendment by Senators Prentice and Honeyford was adopted:

On page 2, after "parents" on line 5, insert the following: ", upon providing written evidence to the department that the child is covered by health insurance"

MOTION

On motion of Senator Hewitt, the rules were suspended, Engrossed Substitute Senate Bill No. 5017 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

PERSONAL PRIVILEGE

Senator Kline: “A point of personal privilege, Madam President. These matters are relayed to the state on TVW and they are seen in the Thirty-seventh District, which I represent. I would like my constituents in the Thirty-seventh to know that the gentleman whose face they see in the lower part of their screen is not a member of my political party. I know the aisle is over here and he appears visually to be on my side of the aisle. However, I would like all of the residents of the Thirty-seventh to know that this is simply an anomaly in our seating and I would thank them for their patience. Thank you.”

PERSONAL PRIVILEGE:

Senator Hewitt: “A point of personal privilege, Madam President. I would like everyone to know that we do have similar interests in certain things.”

Debate ensued on the final passage of Engrossed Substitute Senate Bill No. 5017.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5017.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5017 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5017, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Sheahan, the Senate will immediately consider Senate Bill No. 5161.

SECOND READING

SENATE BILL NO. 5161, by Senators Hewitt, Rasmussen, Honeyford, T. Sheldon, Hale, Hargrove, Horn, Haugen, Mulliken, Oke, Sheahan, Roach, McCaslin, Benton, Brandland, Deccio, Esser, Johnson, Parlette, Rossi and Schmidt

Repealing ergonomics rules.

MOTION

On motion of Senator Keiser, the following striking amendment by Senators Keiser and Doumit was withdrawn:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 49.17 RCW to read as follows:

The department of labor and industries shall:

(1) establish an ergonomics resource center, to provide expertise and assistance to employers within the state of Washington who seek training, consultation, and technical assistance to comply with the ergonomics rule adopted by the department. To make ergonomics information widely available, the center shall partner with economic development councils, local chambers of commerce, and the Washington manufacturing service. The center shall develop industry-by-industry best-practices guides to assist businesses and workers in applying ergonomics in the workplace. The department shall consult with the Washington Industrial Safety and Health Act advisory committee and determine whether the resource center should rely upon a public-private partnership as its permanent organizational home;

(2) create an ergonomics clearinghouse, to encourage businesses and workers to share proven methods of reducing hazards and preventing injuries. The clearinghouse shall expand the internet-based ergonomics ideas bank, and include compliance guides, checklists, tip sheets, and demonstration projects. The department shall encourage businesses, workers, and health and safety professionals to: (a) provide information regarding hazard reduction and injury prevention for inclusion by the Clearinghouse, and (b) to apply such information in the workplace;

(3) establish a small business ergonomics task force, in consultation with the governor's small business improvement council. The department and the task force shall produce a small business ergonomics assistance guide, make it readily available to businesses, and evaluate the effectiveness of the guide;

(4) appoint an ergonomics ombudsman. Working with safety and health professionals, the ombudsman shall assist employers and employees with problems implementing the ergonomics rule in the workplace;

(5) establish by administrative rule a two-year demonstration project, providing ergonomic assistance awards as approved by the director, up to five thousand dollars per award, to small businesses seeking to reduce hazards and prevent injuries through application of the ergonomic rule, to wholly or partially offset the cost of ergonomic workplace improvement. The department shall provide up to one million dollars out of existing resources to fund the awards. The department shall require an outside evaluation of the demonstration;

(6) establish an ergonomics enforcement review board. The board shall consist of nine members appointed for two years by the director, three of whom shall be representatives of business, three of whom shall be representatives of labor, and three of whom shall be safety and health professionals. The director or his designee will serve as an ex officio member and chair of the board. The board shall report its activities and experience to the department and the Washington Industrial Safety and Health Act advisory committee upon the completion of its two-year term.

Prior to any direct or indirect enforcement of the ergonomics rule, the board shall: (a) develop clear inspection procedures that can be applied fairly and consistently, (b) test these procedures with volunteer employers, (c) develop final inspection procedures based on available feedback from employers and employees, and (d) ensure that department inspectors are fully trained in the final inspection procedures before conducting required non-volunteer inspections. The board shall review all ergonomic inspections involving issues of feasibility prior to the department issuing citations, and make recommendations to the department upon completing its review. The department shall reject the recommendations of the board only for good cause;

(7) Conduct periodic internal audits to ensure that workplace inspections are performed consistently and in accordance with the department's enforcement procedures. All proposed ergonomics citations that could result in the imposition of fines or penalties shall be reviewed by the office of the assistant director for the Washington Industrial Safety and Health Act; and

(8) Adopt any rules necessary to implement this section."

MOTION

Senator Hargrove moved that the striking amendment by Senators Keiser and Doumit be adopted.

MOTION

Senator Hewitt moved that the following amendments by Senators Hewitt and Hargrove to the striking amendment moved by Senator Hargrove (Keiser and Doumit) be considered simultaneously and be adopted:

On page 1, at the beginning of line 3 of the amendment, insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 49.17 RCW to read as follows:

Rules dealing with musculoskeletal disorders, filed on May 26, 2000, by the director, and codified as WAC 296-62-05101 through 296-62-05176, shall have no force and effect, but shall remain in place for use only as voluntary guidelines for employers. The director shall not adopt any new or amended rules dealing with musculoskeletal disorders that are substantially the same as these rules until and unless required by congress or the federal occupational safety and health administration."

On page 2, line 4, after "workplace;" insert "and"

On page 2, line 12, after "demonstration" strike all material through page 3, line 1, and insert ".".

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

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

Further debate ensued.

POINT OF ORDER

Senator Spanel: “A point of order, Madam President. The previous speaker has pointed out some inconsistences and frankly I cannot see where the line--is not drawn up correct--you cannot follow it on the striking amendment on what changes are going to be made.”

MOTION

Senator Betti Sheldon moved that further consideration of Senate Bill No. 5161 be deferred.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the motion by Senator Betti Sheldon to defer further consideration of Senate Bill No. 5161.

The motion failed to defer further consideration of Senate Bill No. 5161.

The President Pro Tempore announced changes in page numbers and lines to the amendments to be consistent to the striking amendment to Senate Bill No. 5161.

Further debate ensued.

POINT OF ORDER

Senator Brown: “A point of order, Madam President. The amendment is still not correctly drawn to the amendment that it is trying to amend. I don’t think that we want to proceed here with an incorrect amendment. I point out on ‘page 2, line 4, after workplace.’ There is no ‘workplace’ on page 2, line 4. We need to set this amendment down and get it correctly drawn so that the members can see what is in front of them. The amendment is incorrectly drawn. It is gobbledegook. We need to set the amendments down and have new amendments drawn that accurately reflect the amendments to the amendment. We can’t proceed with an amendment that does not make sense.”

At 11:31 a.m., the President Pro Tempore declared the Senate to be at ease.

The Senate was called to order at 11:40 a.m. by President Pro Tempore Winsley.

MOTION

On motion of Senator Hewitt, the amendments by Senators Hewitt and Hargrove on page 1, line 3; page 2, lines 4 and 14; and page 3, line 5; to the striking amendment moved by Senator Hargrove to Senate Bill No. 5161 were withdrawn.

MOTION

Senator Hewitt moved that the following amendments by Senators Hewitt and Hargrove to the striking amendment moved by Senator Hargrove be considered simultaneously and be adopted:

On page 1, at the beginning of line 3 of the amendment, insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 49.17 RCW to read as follows:

On page 2, line 6, after “workplace;” insert “and”

On page 2, line 14, after “demonstration” strike all material through page 3, line 5, and insert “.”.

Renumber the sections consecutively and correct any internal references accordingly.

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

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Hewitt and Hargrove on page 1, line 3; page 2, lines 6 and 14; and page 3, line 5; to the striking amendment moved by Senator Hargrove to Senate Bill No. 5161.

ROLL CALL

The Secretary called the roll and the amendments to the striking amendment were adopted by the following vote: 28; Nays, 21; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 28.

Voting nay: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Reardon, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 21.

The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment moved by Senator Hargrove, as amended, to Senate Bill No. 5161.

Debate ensued.

The striking amendment, as amended, was adopted by voice vote.

MOTION

On motion of Senator Hewitt, the rules were suspended, Engrossed Senate Bill No. 5161 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

Senators West, Zarelli and Hale demanded the previous question and the demand was sustained.

The President Pro Tempore declared the question before the Senate to be shall the main question be now put.

The demand for the previous question carried.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5161.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5161 and the bill passed the Senate by the following vote: 30; Nays, 19; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, McCaslin, McAuliffe, Morton, Mulliken, Oke, Parlette, Rasmussen, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 30.

Voting nay: Senators Brown, Eide, Fairley, Franklin, Fraser, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Poulsen, Prentice, Reardon, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 19.

ENGROSSED SENATE BILL NO. 5161, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the bill.

PERSONAL PRIVILEGE

Senator McCaslin: “A point of personal privilege, Madam President. This isn’t lunch. This relieves itching, burning and spread of eczema, psoriasis, acne and other skin disorders and I resent it. I don’t have psoriasis; the rest of them, I have. It soothes the pain of rheumatism, arthritis and bursitis. I do want to apologize to our new Senator. I thought it was Senator Hochstatter. She is much better looking than Senator Hochstatter. You know I have to stand up here and say something about her, but I don’t know anything about her, except some told me she was a biker. I don’t know what that means, whether it is a peddle pusher or a real motorcycle. Then you owned a tavern? Couldn’t you have thought of a better gift, having owed a tavern? Some of you young people should resent this, because you don’t look scabby to me. You look pretty good, even us bald headed people. I was wondering why a House member was making speeches on the Senate floor and then Senator Zarelli told me you had been elected to the Senate. I do want to congratulate you and welcome you. For your second speech, you can pass out a six-pack to all of us.”

PERSONAL PRIVILEGE

Senator Mulliken: “A point of personal privilege, Madam President. Actually, I did want to tell you a little bit–the good gentleman just kind of gave away my speech. This also soothes the pain of rheumatism, arthritis and bursitis. This is condensed Soap Lake water. I bet you all thought you were going to get a baked potato or maybe a box of apples or maybe some carrots or some other wonderful agriculture products that the Thirteenth District has. I wanted you to know that I have a lake that is know around the world. It is a mineral lake and it is all in the water. It is in Soap Lake! It is known as a sudsy, soapy lake. Sometimes, if you swim in it, you can get cooties, so you want to take a fresh water shower right away. If you don’t want to use any of this condensed water for any of the diseases that are mentioned on it, you dip your finger in it and taste it. It won’t hurt you; it will clean things out if you want to drink it. I have been told that if you don’t have eczema, psoriasis or acne and you put this on your skin, you may get them.

“The other gift that I have is--I do want to brag about the Trout Lodge. I have three facilities of Trout Lodge in the Thirteenth District. It is a fifty-eight year old farm--family fish farm, owned and founded by Edward McClery--that many of you know--eighty-five years old, who is still active. He wanted all of us to enjoy the product of the Trout Lodge facilities--and this is excellent.

“So, with that, I thank you, Madam President.”

PERSONAL PRIVILEGE

Senator McCaslin: “A point of personal privilege, Madam President. With these forty-nine bottles, Soap Lake is now extinct.”

MOTION

At 12:41 p.m., on motion of Senator Sheahan, the Senate adjourned until 12:00 noon, Wednesday, February 19, 2003.

BRAD OWEN, President of the Senate

MILTON H. DOUMIT, Jr., Secretary of the Senate.