WHEREAS, Women of every age, race, ethnicity, religion, sexual orientation, economic status, occupation, and degree of ability or disability have made considerable contributions to the growth and development of our communities, states, country, and nations around the world; and

      WHEREAS, Women have played a critical role in the social, cultural, and spiritual development of communities around the globe; and

      WHEREAS, Women of all backgrounds have constituted significant portions of the labor force, whether working outside or inside the home, whether paid or as a volunteer, and have played a critical role in the nurturing of our children; and

      WHEREAS, Women have served as leaders of progressive social movements to secure individual rights and freedoms and continue to lead efforts to eliminate discrimination and violence against all people and to promote equality, security, and peace; and

      WHEREAS, Women have been largely unrecognized and undervalued for their historical and contemporary scientific, governmental, athletic, literary, and artistic accomplishments; and

      WHEREAS, Women continue to experience day-to-day discrimination and continue to be victims of violence around the globe; and

      WHEREAS, Washington state has been a champion of women's rights and a national leader in promoting progress for women, having been one of the first states to grant suffrage to women, and having the highest proportion of women legislators of any state legislature in the history of the United States at 40.8% in 2000 and at 36.7% currently; and

      WHEREAS, For the first time in the history of Washington state, two women, Patty Murray and Maria Cantwell, have been elected to serve in the United States Senate; and

      WHEREAS, The United States of America, as a world leader, recognized the critical role of women in America by establishing March as National Women's History Month; and

      WHEREAS, The United Nations has proclaimed March 8th to be International Women's Day since 1975;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor and celebrate the women of our state, country, and the world, and recognize March 8th as International Women's Day and that March is National Women's History Month.

      Senators Kohl-Welles and Fraser spoke to Senate Resolution 8633.

MOTION

      Senator Sheahan moved that further consideration of Senate Resolution 8633 be deferred.

PARLIAMENTARY INQUIRY

      Senator Kline: ‘A point of parliamentary inquiry, Mr. President. If I may, is it proper during debate about a resolution to, without any explanation, defer further proceedings on it to an indefinite time?”

REPLY BY THE PRESIDENT

      President Owen: “If that is the will of the body, it is totally appropriate, Senator.”

      Further debate ensued.

      Further consideration of Senate Resolution 8633 was deferred.

MOTION

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

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

      On motion of Senator Carlson, Gubernatorial Appointment No. 9022, Jesus “Jess” del Bosque, as a member of the Board of Trustees for Skagit Valley Community College District No. 4, was confirmed.

      Senators Carlson and Prentice spoke to the confirmation of Jesus “Jess” del Bosque as a member of the Board of Trustees for Skagit Valley Community College.

APPOINTMENT OF JESUS "JESS" del BOSQUE

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     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, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Reardon - 1.

MOTION

      On motion of Senator Carlson, Gubernatorial Appointment No. 9034, Peter J. Goldmark, as Chair of the Board of Regents for Washington State University, was confirmed.

APPOINTMENT OF PETER J. GOLDMARK

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     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, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Reardon - 1.

MOTION

      At 9:01 a.m., on motion of Senator Sheahan, the Senate was declared to be at ease.

      The Senate was called to order at 9:16 a.m. by President Owen.

MOTION

      On motion of Senator West, Gubernatorial Appointment No. 9077, Kris Mikkelsen, as a member of the Board of Trustees for Eastern Washington University, was confirmed.

      Senators West and Brown spoke to the confirmation of Kris Mikkelsen as a member of the Board of Trustees for Eastern Washington University.

APPOINTMENT OF KRIS MIKKELSEN

      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.

MOTION

      On motion of Senator Carlson, Gubernatorial Appointment No. 9143, Leonor Fuller, as a member of the Board of Trustees for South Puget Sound Community College District 24, was confirmed.

APPOINTMENT OF LEONOR FULLER

      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. 5505, by Senators Carlson, Rasmussen, Honeyford, Doumit and Eide

Providing course study options for public high schools.

MOTIONS

      On motion of Senator Carlson, Substitute Senate Bill No. 5505 was substituted for Senate Bill No. 5505 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Carlson, the rules were suspended, Substitute Senate Bill No. 5505 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. 5505.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5505 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, 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 - 48.

    Absent: Senator Hargrove - 1.

      SUBSTITUTE SENATE BILL NO. 5505, 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. 5627, by Senators Esser and Kastama

      Allowing confessions and other admissions to be admitted into evidence if substantial independent evidence establishes the trustworthiness of the statement.

MOTIONS

      On motion of Senator McCaslin, Substitute Senate Bill No. 5627 was substituted for Senate Bill No. 5627 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. 5627 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. 5627.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5627 and the bill passed the Senate 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.

      SUBSTITUTE SENATE BILL NO. 5627, 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. 5587, by Senators Fairley, Keiser, Kline, Winsley, Kohl-Welles and Rasmussen

Requiring voting devices to be accessible to individuals with disabilities.

      The bill was read the second time.

MOTION

      On motion of Senator Fairley, the rules were suspended, Senate Bill No. 5587 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. 5587.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5587 and the bill passed the Senate 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.

      SENATE BILL NO. 5587, 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. 5232, by Senator Morton

Authorizing multiyear excess property tax levies for cemetery districts.

      The bill was read the second time.

MOTION

      On motion of Senator Morton, the rules were suspended, Senate Bill No. 5232 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. 5232.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5232 and the bill passed the Senate 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.

      SENATE BILL NO. 5232, 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 RESOLUTION NO. 8208, by Senator Morton

Amending the Constitution to allow multiyear excess property tax levies for cemetery districts.

      The joint resolution was read the second time.

MOTION

      On motion of Senator Morton, the rules were suspended, Senate Joint Resolution No. 8208 was advanced to third reading, the second reading considered the third and the joint resolution 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 Resolution No. 8208.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Joint Resolution No. 8208 and the joint resolution passed the Senate 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.

      SENATE JOINT RESOLUTION NO. 8208, having received the constitutional two-thirds majority, was declared passed.

SECOND READING

      SENATE BILL NO. 5425, by Senators Winsley, Prentice, Benton, Kohl-Welles, Carlson, B. Sheldon, Brown, Schmidt, Rossi, West and Sheahan (by request of Lieutenant Governor Owen)

Increasing the authorized total outstanding indebtedness of the higher education facilities authority.

      The bill was read the second time.

MOTION

      On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5425 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. 5425.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5425 and the bill passed the Senate 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.

      SENATE BILL NO. 5425, 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. 5089, by Senators Carlson, Fraser, Rasmussen and Esser (by request of Joint Committee on Pension Policy)

Allowing fire fighter emergency medical technicians to transfer public employees' retirement system service credit to the law enforcement officers' and fire fighters' plan 2.

MOTIONS

      On motion of Senator Carlson, Substitute Senate Bill No. 5089 was substituted for Senate Bill No. 5089 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Carlson, the rules were suspended, Substitute Senate Bill No. 5089 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

      Senator Deccio: “Senator Carlson, if there is no transfer to the LEOFF System, what is the retirement age for those folks who are now under the PERS System?”

      Senator Carlson: “Under the PERS System, it is sixty-five. Under the LEOFF System it is fifty-three.”

      Senator Deccio: “Thank you.”

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5089.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5089 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, 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 - 47.

     Voting nay: Senators Deccio and Morton - 2.

      SUBSTITUTE SENATE BILL NO. 5089, 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. 5167, by Senators Regala, Hewitt, Franklin, Winsley and Kohl-Welles

Modifying trust account provisions for sellers of travel.

      The bill was read the second time.

MOTION

      On motion of Senator Regala, the rules were suspended, Senate Bill No. 5167 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. 5167.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5167 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, 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 - 48.

     Excused: Senator Fairley - 1.

      SENATE BILL NO. 5167, 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. 5006, by Senators Jacobsen and Haugen

Allowing nonconsumptive wildlife activities on public lands.

MOTIONS

      On motion of Senator Jacobsen, Substitute Senate Bill No. 5006 was substituted for Senate Bill No. 5006 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. 5006 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. 5006.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5006 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, 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 - 48.

     Excused: Senator Fairley - 1.

      SUBSTITUTE SENATE BILL NO. 5006, 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. 5560, by Senators Honeyford, Keiser, Horn and Kohl-Welles (by request of University of Washington)

Regarding the prohibition of the lawful sale of liquor on University of Washington grounds.

      The bill was read the second time.

MOTION

      Senator Parlette moved that the following amendment by Senators Parlette, Regala, Honeyford, Jacobsen and Kohl-Welles be adopted:

       On page 1, after line 7, insert the following:

       "NEW SECTION. Sec. 2. A new section is added to chapter 66.44 RCW to read as follows:

       If an institution of higher education chooses to allow the sale of alcoholic beverages on campus, the legislature encourages the institution to feature products produced in the state of Washington."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Parlette, Regala, Honeyford, Jacobsen and Kohl-Welles on page 1, after line 7, to Senate Bill No. 5560.

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

MOTIONS

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

       On page 1, line 2 of the title, after "grounds;", insert "adding a new section to chapter 66.44 RCW;"

      On motion of Senator Honeyford, the rules were suspended, Engrossed Senate Bill No. 5560 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 Oke: “Senator Honeyford, as I read in the bill report, right now, they can provide alcohol at no cost and if this bill is passed, then they can provide alcohol at a cost. Is that correct?”

      Senator Honeyford: “That is correct.”

      Senator Oke: “Well knowing that, I think I can support this. I don’t think they should give it away--alcohol free.”

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5560.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5560 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

     Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Mulliken, Oke, Parlette, Poulsen, Prentice, Reardon, Regala, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 41.

     Voting nay: Senators Benton, Hargrove, Haugen, McCaslin, Morton, Rasmussen, Roach and Stevens - 8.

      ENGROSSED SENATE BILL NO. 5560, 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. 5225, by Senators Benton, Prentice, Zarelli and Esser

Providing rental assistance vouchers.

MOTIONS

      On motion of Senator Benton, Substitute Senate Bill No. 5225 was substituted for Senate Bill No. 5225 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Benton, the rules were suspended, Substitute Senate Bill No. 5225 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. 5225.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5225 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; 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, West, Winsley and Zarelli - 48.

     Voting nay: Senator Thibaudeau - 1.

      SUBSTITUTE SENATE BILL NO. 5225, 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 Prentice was excused.

SECOND READING

      SENATE BILL NO. 5175, by Senators Doumit, Roach, Haugen, Kohl-Welles, McAuliffe, Rasmussen, T. Sheldon and Winsley

Increasing the monthly pensions for volunteer fire fighters and reserve officers.

      The bill was read the second time.

MOTION

      On motion of Senator Rossi, the rules were suspended, Senate Bill No. 5175 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. 5175.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5175 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, 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 - 48.

     Absent: Senator Hargrove - 1.

      SENATE BILL NO. 5175, 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. 5437, by Senators Benton, Schmidt, Zarelli, Shin, Carlson, Stevens and West

Allowing all parties to appeal from adverse decisions of school district regional committees.

      The bill was read the second time.

MOTION

      On motion of Senator Benton, the rules were suspended, Senate Bill No. 5437 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. 5437.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5437 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; 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, McCaslin, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Voting nay: Senators McAuliffe and Mulliken - 2.

      SENATE BILL NO. 5437, 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. 5321, by Senators Johnson and Prentice

Including hospital districts in the definition of "local government" for chapter 39.96 RCW.

MOTIONS

      On motion of Senator Roach, Substitute Senate Bill No. 5321 was substituted for Senate Bill No. 5321 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. 5321 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. 5321.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5321 and the bill passed the Senate 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.

      SUBSTITUTE SENATE BILL NO. 5321, 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. 8008, by Senators Rasmussen, Swecker, Roach, Shin, Kastama, Franklin, Winsley, Schmidt, Oke, Eide and Kohl-Welles (by request of Joint Select Committee on Veterans' and Military Affairs)

Requesting that veterans receive concurrent retirement and disability payments.

      The joint memorial was read the second time.

MOTION

      On motion of Senator Roach, the rules were suspended, Senate Joint Memorial No. 8008 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. 8008.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Joint Memorial No. 8008 and the joint memorial passed the Senate 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.

      SENATE JOINT MEMORIAL NO. 8008, having received the constitutional majority, was declared passed.

SECOND READING

      SENATE BILL NO. 5254, by Senators Roach, Hale, Stevens, T. Sheldon, Mulliken, Hewitt, Parlette, Horn, Rossi, Benton, Schmidt, Johnson and Esser

Shifting the burden of proof in actions against rules.

      The bill was read the second time.

MOTION

      Senator Kastama moved that the following striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 34.05.570 and 1995 c 403 s 802 are each amended to read as follows:

       (1) Generally. Except to the extent that this chapter or another statute provides otherwise:

       (a) The burden of demonstrating the invalidity of agency action is on the party asserting invalidity;

       (b) The validity of agency action shall be determined in accordance with the standards of review provided in this section, as applied to the agency action at the time it was taken;

       (c) The court shall make a separate and distinct ruling on each material issue on which the court's decision is based; and

       (d) The court shall grant relief only if it determines that a person seeking judicial relief has been substantially prejudiced by the action complained of.

       (2) Review of rules. (a) A rule may be reviewed by petition for declaratory judgment filed pursuant to this subsection or in the context of any other review proceeding under this section. In an action challenging the validity of a rule, the agency shall be made a party to the proceeding.

       (b) The validity of any rule may be determined upon petition for a declaratory judgment addressed to the superior court of Spokane county or Thurston county, when it appears that the rule, or its threatened application, interferes with or impairs or immediately threatens to interfere with or impair the legal rights or privileges of the petitioner. The declaratory judgment order may be entered whether or not the petitioner has first requested the agency to pass upon the validity of the rule in question.

       (c) In a proceeding involving review of a rule, the court shall declare the rule invalid only if it finds that: The rule violates constitutional provisions; the rule exceeds the statutory authority of the agency; the rule was adopted without compliance with statutory rule-making procedures; or the rule is arbitrary and capricious.

       (3) Review of agency orders in adjudicative proceedings. The court shall grant relief from an agency order in an adjudicative proceeding only if it determines that:

       (a) The order, or the statute or rule on which the order is based, is in violation of constitutional provisions on its face or as applied;

       (b) The order is outside the statutory authority or jurisdiction of the agency conferred by any provision of law;

       (c)) The agency has engaged in unlawful procedure or decision-making process, or has failed to follow a prescribed procedure;

       (d) The agency has erroneously interpreted or applied the law;

       (e) The order is not supported by evidence that is substantial when viewed in light of the whole record before the court, which includes the agency record for judicial review, supplemented by any additional evidence received by the court under this chapter;

       (f) The agency has not decided all issues requiring resolution by the agency;

       (g) A motion for disqualification under RCW 34.05.425 or 34.12.050 was made and was improperly denied or, if no motion was made, facts are shown to support the grant of such a motion that were not known and were not reasonably discoverable by the challenging party at the appropriate time for making such a motion;

       (h) The order is inconsistent with a rule of the agency unless the agency explains the inconsistency by stating facts and reasons to demonstrate a rational basis for inconsistency; or

       (I) The order is arbitrary or capricious.

       (4) Review of other agency action.

       (a) All agency action not reviewable under subsection (2) or (3) of this section shall be reviewed under this subsection.

       (b) A person whose rights are violated by an agency's failure to perform a duty that is required by law to be performed may file a petition for review pursuant to RCW 34.05.514, seeking an order pursuant to this subsection requiring performance. Within twenty days after service of the petition for review, the agency shall file and serve an answer to the petition, made in the same manner as an answer to a complaint in a civil action. The court may hear evidence, pursuant to RCW 34.05.562, on material issues of fact raised by the petition and answer.

       (c) Relief for persons aggrieved by the performance of an agency action, including the exercise of discretion, or an action under (b) of this subsection can be granted only if the court determines that the action is:

       (I) Unconstitutional;

       (ii) Outside the statutory authority of the agency or the authority conferred by a provision of law;

       (iii) Arbitrary or capricious; or

       (iv) Taken by persons who were not properly constituted as agency officials lawfully entitled to take such action."

POINT OF ORDER

      Senator Roach: “A point of order, Mr. President. I think I should be speaking to my own amendment, rather than having him speak to mine, if you don’t mind. Shouldn’t he be keeping his remarks pertinent to his own amendment?”

RULING BY THE PRESIDENT

      President Owen: “The President believes that there is some latitude, when having two amendments at the desk, to explain the differences. However, if he was to go into a long dissertation about your amendment, you would be right, he would be out of order.”

      Further debate ensued.

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

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the adoption of the striking amendment by Senator Kastama to Senate Bill to 5254.

ROLL CALL

      The Secretary called the roll and the striking amendment by Senator Kastama failed by the following vote: Yeas, 22; Nays, 27; 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, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 22.

     Voting nay: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 27.

MOTION

      Senator Roach moved that the following striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 34.05.570 and 1995 c 403 s 802 are each amended to read as follows:

       (1) Generally. Except to the extent that this chapter or another statute provides otherwise:

       (a) The burden of demonstrating the invalidity of agency action is on the party asserting invalidity;

       (b) The validity of agency action shall be determined in accordance with the standards of review provided in this section, as applied to the agency action at the time it was taken;

       (c) The court shall make a separate and distinct ruling on each material issue on which the court's decision is based; and

       (d) The court shall grant relief only if it determines that a person seeking judicial relief has been substantially prejudiced by the action complained of.

       (2) Review of rules. (a) A rule may be reviewed by petition for declaratory judgment filed pursuant to this subsection or in the context of any other review proceeding under this section. In an action challenging the validity of a rule, the agency shall be made a party to the proceeding.

       (b) The validity of any rule may be determined upon petition for a declaratory judgment addressed to the superior court of (I) Thurston county, (ii) the county of the petitioner's residence or principal place of business, or (iii) in a county where property owned by the petitioner and affected by the contested rule is located, when it appears that the rule, or its threatened application, interferes with or impairs or immediately threatens to interfere with or impair the legal rights or privileges of the petitioner. The declaratory judgment order may be entered whether or not the petitioner has first requested the agency to pass upon the validity of the rule in question.

       (c) In a proceeding involving review of a rule, the court shall declare the rule invalid only if it finds that: The rule violates constitutional provisions; the rule exceeds the statutory authority of the agency; the rule was adopted without compliance with statutory rule-making procedures; or the rule is arbitrary and capricious.

       (3) Review of agency orders in adjudicative proceedings. The court shall grant relief from an agency order in an adjudicative proceeding only if it determines that:

       (a) The order, or the statute or rule on which the order is based, is in violation of constitutional provisions on its face or as applied;

       (b) The order is outside the statutory authority or jurisdiction of the agency conferred by any provision of law;

       (c) The agency has engaged in unlawful procedure or decision-making process, or has failed to follow a prescribed procedure;

       (d) The agency has erroneously interpreted or applied the law;

       (e) The order is not supported by evidence that is substantial when viewed in light of the whole record before the court, which includes the agency record for judicial review, supplemented by any additional evidence received by the court under this chapter;

       (f) The agency has not decided all issues requiring resolution by the agency;

       (g) A motion for disqualification under RCW 34.05.425 or 34.12.050 was made and was improperly denied or, if no motion was made, facts are shown to support the grant of such a motion that were not known and were not reasonably discoverable by the challenging party at the appropriate time for making such a motion;

       (h) The order is inconsistent with a rule of the agency unless the agency explains the inconsistency by stating facts and reasons to demonstrate a rational basis for inconsistency; or

       (I) The order is arbitrary or capricious.

       (4) Review of other agency action.

       (a) All agency action not reviewable under subsection (2) or (3) of this section shall be reviewed under this subsection.

       (b) A person whose rights are violated by an agency's failure to perform a duty that is required by law to be performed may file a petition for review pursuant to RCW 34.05.514, seeking an order pursuant to this subsection requiring performance. Within twenty days after service of the petition for review, the agency shall file and serve an answer to the petition, made in the same manner as an answer to a complaint in a civil action. The court may hear evidence, pursuant to RCW 34.05.562, on material issues of fact raised by the petition and answer.

       (c) Relief for persons aggrieved by the performance of an agency action, including the exercise of discretion, or an action under (b) of this subsection can be granted only if the court determines that the action is:

       (I) Unconstitutional;

       (ii) Outside the statutory authority of the agency or the authority conferred by a provision of law;

       (iii) Arbitrary or capricious; or

       (iv) Taken by persons who were not properly constituted as agency officials lawfully entitled to take such action."

MOTION

      Senator Hewitt moved that the following amendment to the striking amendment be adopted:

       On page 2, after line 7 of the amendment, insert the following:

       "(d) If the legislature appropriates funds for distribution to counties as reimbursement for the cost of hearing a petition for a declaratory judgment under (b) of this subsection, the total distribution shall reflect the relative caseload among the counties where such petitions are filed."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Hewitt on page 2, after line 7, to to the striking amendment by Senator Roach to Senate Bill No. 5254.

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

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Roach, as amended, to Senate Bill No. 5254.

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

MOTIONS

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

       On page 1, line 2 of the title, after "rules;" strike the remainder of the title and insert "and amending RCW 34.05.570."

      On motion of Senator Roach, the rules were suspended, Engrossed Senate Bill No. 5254 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. 5254.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5254 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 14; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Keiser, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 35.

     Voting nay: Senators Brown, Fairley, Franklin, Fraser, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Prentice, Regala, Sheldon, B., Spanel and Thibaudeau - 14.

      ENGROSSED SENATE BILL NO. 5254, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5052, by Senators Hale, T. Sheldon, Hewitt, Johnson, Sheahan and Oke

Delaying the effect of significant legislative rules.

      The bill was read the second time.

MOTION

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

      Debate ensued.

POINT OF INQUIRY

      Senator Hargrove: “Senator Mulliken, I think this bill came out of your committee. My issue here is if we have an emergency situation. We had a bill earlier in the session where we added a provision that if we had some kind of an emergency where the Governor declared--because maybe we have a major earthquake or something like that. Oh, it is Pam’s committee? I will ask Pam; I am asking the wrong person. I am going to ask Senator Roach if she will yield to a question.”

      Senator Roach: “I object to the venue shopping.”

      Senator Hargrove: “Will you yield to the question?”

      Senator Roach: “Certainly, I will.”

      Senator Hargrove: “Thank you. The question is there a provision--would this prevent an agency adopting a significant rule that if we had some major emergency, whether it be a terrorist attack or an earthquake or something, where our agencies needed to act in the interim--before we get back? Would there still be a way for them to do that?”

      Senator Roach: “Yes, there definitely would be. We are very cognizant of those kinds of concerns, especially, over the last couple of years, Senator Hargrove. We want to make sure that government can act when it needs to under an emergency situation. This bill, I think, allows that definitely.”

      Senator Hargrove: “So, it is just a permanent rule--emergency rule--so those kinds of things could still continue?”

      Senator Roach: “Right.”

      Further debate ensued.

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

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5052 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 33.

     Voting nay: Senators Brown, Fairley, Franklin, Fraser, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Regala, Sheldon, B., Spanel and Thibaudeau - 16.

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

SECOND READING

      SENATE BILL NO. 5570, by Senators Brown, Brandland, Kohl-Welles and Rasmussen (by request of Attorney General Gregoire)

Expanding the crime of communicating with a minor for immoral purposes.

      The bill was read the second time.

MOTION

      On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 5570 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. 5570.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5570 and the bill passed the Senate by the following vote: Yeas, 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.

      SENATE BILL NO. 5570, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      At 11:48 a.m., on motion of Senator Sheahan, the Senate adjourned until 10:00 a.m., Monday, March 10, 2003.

BRAD OWEN, President of the Senate

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