WHEREAS, Traumatic Brain Injuries have impacted 5.3 million American citizens who now live with resulting disabilities; and

      WHEREAS, Every 21 seconds one person in the United States sustains a Traumatic Brain Injury, equaling roughly 4,000 people daily and 1.5 million people annually; and

      WHEREAS, Out of the 1.5 million people annually who sustain Traumatic Brain Injuries, 50,000 of them will die, while an additional 80,000 will experience the onset of life-long disabilities as a result of their brain injury; and

      WHEREAS, Traumatic Brain Injuries occur more frequently than Multiple Sclerosis, spinal cord injuries, HIV/AIDS, and breast cancer combined; and

      WHEREAS, In Washington State, Traumatic Brain Injury patients constitute 10 percent of the state's population of persons with disabilities; and

      WHEREAS, There is no cure for Traumatic Brain Injuries, only prevention; and

      WHEREAS, The Brain Injury Association of America has created a partnership with the National Center for Disease Control and Prevention, the Health Resources and Services Administration in the United States Department of Health and Human Services, the Defense Brain and Spinal Cord Injury Program for veterans and military personnel, and the Brain Injury Association of Washington, that strives to provide a better future for TBI patients through prevention, research, education, and advocacy; and

      WHEREAS, The Traumatic Brain Injury advocacy groups mentioned above have recognized and declared the month of March 2005 National Brain Injury Awareness Month;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor the work of these organizations in their efforts to combat Traumatic Brain Injuries; and

      BE IT FURTHER RESOLVED, That the Washington State Senate recognize and honor the work of these organizations for organizing and observing the month of March as National Brain Injury Awareness Month.

      Senators Oke and Jacobsen spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8635.

      The motion by Senator Oke carried and the resolution was adopted by voice vote.

MOTION

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

MOTION

      On motion of Senator Mulliken, Senator Benton was excused.

SECOND READING

      SENATE BILL NO. 6090, by Senators Prentice and Zarelli

      Making 2005-07 operating appropriations.

MOTION

      On motion of Senator Prentice, Substitute Senate Bill No. 6090 was substituted for Senate Bill No. 6090 and the substitute bill was placed on the second reading and read the second time.

MOTION

Senator Parlette moved that the following amendment by Senator Parlette be adopted.

      On page 2, line 27, increase the general fund–state appropriation for fiscal year 2006 by $75,000, and adjust the totals accordingly.

      On page 2, line 28, increase the general fund–state appropriation for fiscal year 2007 by $75,000, and adjust the totals accordingly.

      On page 2, after line 29, insert the following:

      "The appropriations in this section are subject to the following terms and conditions: By December 1, 2006, the Joint Legislative Audit and Review Committee shall complete an analysis of comprehensive approaches other states are undertaking to limit the growth in Medicaid expenditures. State reform proposals reviewed should include, but not be limited to, those which provide financial and other incentives for Medicaid consumers to engage in healthier behavior and to choose cost-effective services."

      Renumber the sections consecutively and correct any internal references accordingly.

      Senator Parlette spoke in favor of adoption of the amendment.

      Senator Prentice spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Parlette on page 2, line 27 to Substitute Senate Bill No. 6090.

The motion by Senator Parlette failed and the amendment was not adopted by voice vote.

MOTION

Senator Pflug moved that the following amendment by Senator Pflug be adopted.

      On page 37, line 8, reduce the general fund–state appropriation for fiscal year 2006 by $792,000 and adjust the totals accordingly.

      On page 37, line 9, reduce the general fund–state appropriation for fiscal year 2007 by $1,209,000 and adjust the totals accordingly.

      On page 37, line 10, reduce the general fund–federal appropriation by $2,001,000 and adjust the totals accordingly.

      On page 46, line 26, increase the general fund–state appropriation for fiscal year 2006 by $1,025,000 and adjust the totals accordingly.

      On page 46, line 27, increase the general fund–state appropriation for fiscal year 2007 by $1,102,000 and adjust the totals accordingly.

      On page 46, line 28, increase the general fund–federal appropriation by $2,128,000 and adjust the totals accordingly.

      On page 48, after line 23, insert the following:

      "(6) $1,025,000 of the general fund–state appropriation for fiscal year 2006, $1,102,000 of the general fund–state appropriation for fiscal year 2007, and $2,128,000 of the general fund–federal appropriation are provided solely for the department to verify children's continued eligibility for medical assistance services every six months."

      On page 50, line 23, reduce the general fund–federal appropriation by $33,465,000, and adjust the totals accordingly.

      On page 50, line 27, reduce the health services account–state appropriation by $32,776,000, and adjust the totals accordingly.

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Pflug and Hewitt spoke in favor of adoption of the amendment.

      Senators Prentice and Thibaudeau spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Pflug on page 37, line 8 to Substitute Senate Bill No. 6090.

The motion by Senator Pflug failed and the amendment was not adopted by voice vote.

MOTION

Senator Esser moved that the following amendment by Senators Esser, Brandland and Roach be adopted.

      On page 40, line 8, increase the general fund–state appropriation for fiscal year 2006 by $247,000 and adjust the totals accordingly.

      On page 40, line 9, increase the general fund–state appropriation for fiscal year 2007 by $288,000 and adjust the totals accordingly.

      On page 40, line 10, increase the general fund–federal appropriation by $507,000 and adjust the totals accordingly.

      On page 40, line 15, after "(a)", strike "$213,000" and insert "$460,000".

      On page 40, line 16, after "2006,", strike "$422,000" and insert "$710,000".

      On page 40, line 17, after "2007, and", strike "$600,000" and insert $1,107,000".

      On page 40, line 18, after "solely to", strike "wages" and insert "compensation".

      On page 44, line 19, increase the general fund–state appropriation for fiscal year 2006 by $1,667,000 and adjust the totals accordingly.

      On page 44, line 20, increase the general fund–state appropriation for fiscal year 2007 by $2,138,000 and adjust the totals accordingly.

      On page 44, line 21, increase the general fund–federal appropriation by $3,800,000 and adjust the totals accordingly.

      On page 45, line 30, after "(6)", strike "$1,413,000" and insert "$3,080,000".

      On page 45, line 31, after "2006,", strike "$2,887,000" and insert "$5,025,000".

      On page 45, line 32, after "2007, and", strike "$4,305,000" and insert "$8,105,000".

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Esser and Finkbeiner spoke in favor of adoption of the amendment.

      Senators Prentice and Doumit spoke against adoption of the amendment.

      Senator Esser demanded a roll call.

      The President declared that one-sixth of the members supported the demand and the demand was sustained.

PERSONAL PRIVILEGE

Senator Prentice: “Yes, the statement was just made that as members came to our side of the aisle, and I presume that meant me, that they were told that they hadn’t wanted to vote a particular figure, and I don’t even remember the figure used because I didn’t have a figure imprinted in my head – I presume I’m the person your talking about. That conversation never happened and nothing like that was ever said by me. I hope every person in this chamber understands that, that would never happen. That’s not how I deal with this. Remember, last year when I got up and I spoke on behalf of the budget – I voted for the budget. We produced thirty-six votes out of the chamber. Every answer I ever got when I approached the chair at that time was: ‘Will you vote for the budget if I consider it?’ I thought all issues were suppose to be decided on their merit and that's how they’re trying to be considered now. We had the chance to have dealt with amendments last night. We left at a quarter to six. There was no reason for that to happen. We should have dealt with those ... I guess that's enough.".

The President declared the question before the Senate to be the adoption of the amendment by Senators Esser, Brandland and Roach on page 40, line 8 to Substitute Senate Bill No. 6090.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senators Esser, Brandland and Roach and the amendment was not adopted by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 23

      Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25

      Excused: Senator Benton - 1

MOTION

Senator Zarelli moved that the following amendment by Senator Zarelli be adopted.

      On page 46, line 26, decrease the general fund--state appropriation (FY 2006) by $20,803,000.

      On page 46, line 27, decrease the general fund--state appropriation (FY 2007) by $14,893,000, and adjust the total accordingly.

      On page 50, line 21, decrease the general fund--state appropriation (FY 2006) by $19,988,000.

      On page 50, line 22, decrease the general fund--state appropriation (FY 2007)by $23,509,000, and adjust the total accordingly.

      Senator Zarelli spoke in favor of adoption of the amendment.

      Senator Hargrove spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Zarelli on page 46, line 26 to Substitute Senate Bill No. 6090.

The motion by Senator Zarelli failed and the amendment was not adopted by voice vote.

MOTION

Senator Mulliken moved that the following amendment by Senators Mulliken and Zarelli be adopted.

      On page 54, line 16, increase the general fund-state appropriation (FY 2006) by $1,547,000.

      On page 54, line 17, increase the general fund-state appropriation (FY 2007) by $3,240,000.

      On page 54, line 18, increase the general fund-federal appropriation by $4,737,000, and adjust the total accordingly.

      On page 54, after line 26, insert the following:

      "(1) $1,547,000 of the general fund--state appropriation for fiscal year 2006, $3,240,000 of the general fund--state appropriation for fiscal year 2007, and $4,737,000 of the general fund--federal appropriation are provided solely for costs associated with the downsizing effort at Fircrest school, including costs for the transfer of clients to other institutions and community placement settings. The department shall organize the downsizing effort so as to minimize disruption to clients, employees, and the developmental disabilities program. The employees responsible for the downsizing effort shall report to the assistant secretary of aging and disability services administration. Within the funds provided in this subsection, the department shall:

      (a) Determine appropriate ways to maximize federal reimbursement during the downsizing process;

      (b) Meet and confer with representatives of affected employees on how to assist employees who need help to relocate to other state jobs or to transition to private sector positions;

      (c) Review opportunities for state employees to continue caring for clients by assisting them in developing privately operated community residential alternatives. In conducting the review, the department will examine efforts in this area pursued by other states as part of institutional downsizing efforts;

      (d) Keep appropriate committees of the legislature apprised, through regular reports and periodic e-mail updates, and, of the development of and revisions to the work plan regarding this downsizing effort."

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Mulliken, Fairley, Zarelli and Rasmussen spoke in favor of adoption of the amendment.

      Senators Prentice, Deccio, Roach, Thibaudeau and Keiser spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senators Mulliken and Zarelli on page 54, line 16 to Substitute Senate Bill No. 6090.

The motion by Senator Mulliken failed and the amendment was not adopted by voice vote.

MOTION

Senator Brandland moved that the following amendment by Senator Brandland be adopted.

      On page 57, on line 18, strike "$18,183,000", insert "$18,433,000", and adjust the total accordingly.

      On page 57, after line 35, insert the following:

      "(3) $250,000 of the public safety and education account appropriation is provided solely for the Washington association of sheriffs and police chiefs to experiment with the use of cognitive recognition technologies in law enforcement and pre-trial environments."

      Senators Brandland and Doumit spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Brandland on page 57, line 18 to Substitute Senate Bill No. 6090.

The motion by Senator Brandland carried and the amendment was adopted by voice vote.

MOTION

Senator Schoesler moved that the following amendment by Senator Schoesler be adopted.

      On page 57, strike lines 30 through 35 and renumber the subsections accordingly.

      On page 61, strike lines 35 through line 6 on page 62 and renumber the subsections accordingly.

      On page 70, strike lines 9 through 11 and renumber the subsections accordingly.

      On page 72, strike lines 23 through 25 and renumber the subsections accordingly.

      On page 80, strike lines 35 through 37 and renumber the subsections accordingly.

      On page 84, strike lines 21 through 23 and renumber the subsections accordingly.

      On page 85, strike lines 23 through 34 and renumber the subsections accordingly.

      On page 125, strike lines 9 through 15 and renumber the subsections accordingly.

      On page 126, strike lines 5 through 7 and renumber the subsections accordingly.

      On page 126, strike lines 13 through 34 and renumber the subsections accordingly.

      On page 128, strike lines 9 through 11 and renumber the subsections accordingly.

      Senators Schoesler and Zarelli spoke in favor of adoption of the amendment.

      Senator Doumit spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Schoesler on page 57, line 30 to Substitute Senate Bill No. 6090.

The motion by Senator Schoesler failed and the amendment was not adopted by voice vote.

MOTION

Senator Morton moved that the following amendment by Senator Morton be adopted.

      On page 72, on line 6, increase the general fund--state appropriation for FY 2006 by $4,000,000.

      On page 72, on line 7, increase the general fund--state appropriation for FY 2007 by $4,000,000.

Adjust the total appropriation accordingly.

      On page 73, after line 2, insert:

"(5) The state parks and recreation commission shall not impose camping day use parking fees effective July 1, 2005."

      Senator Morton spoke in favor of adoption of the amendment.

      Senator Jacobsen spoke against adoption of the amendment.

      Senator Finkbeiner demanded a roll call.

      The President declared that one-sixth of the members supported the demand and the demand was not sustained.

Senator Zarelli demanded a roll call.

      The President declared that one-sixth of the members supported the demand and the demand was sustained.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Morton on page 72, line 6 to Substitute Senate Bill No. 6090.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senator Morton on page 72, line 6 to Substitute Senate Bill No. 6090 and the amendment was not adopted by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Berkey, Brandland, Carrell, Deccio, Delvin, Eide, Esser, Fairley, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 25

      Voting nay: Senators Brown, Doumit, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 23

      Excused: Senator Benton - 1

MOTION

Senator Parlette moved that the following amendment by Senators Parlette and others be adopted.

      On page 84, on line 5, increase the general fund--state appropriation (FY 2006) by $36,000.

      On page 84, on line 6, increase the general fund--state appropriation (FY 2007) by $37,000.

      Adjust the total appropriation accordingly.

      On page 84, after line 27, insert the following:

"(4) $36,000 of the general fund--state appropriation for fiscal year 2006 and $37,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for an economic impact study of fairs in the state of Washington."

      Senators Parlette, Prentice and Rasmussen spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Parlette and others on page 84, line 5 to Substitute Senate Bill No. 6090.

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

MOTION

Senator Rasmussen moved that the following amendment by Senator Rasmussen be adopted.

      On page 84, on line 5, increase the amount of the general fund--state appropriation (FY 2006) by $1,500,000.

      Adjust the total appropriation accordingly.

      On page 84, after line 27, insert the following:

      "$1,500,000 of the general fund--state appropriation for fiscal year 2006 is provided solely to extend and expand the department's asparagus automation and mechanization program under WAC 16-730 in an effort to strengthen the asparagus post-harvest industry."

WITHDRAWAL OF AMENDMENT

      On motion of Senator Rasmussen the amendment by Senator Rasmussen on page 84, line 5 to Substitute Senate Bill No. 6090 was withdrawn.

MOTION

Senator Benson moved that the following amendment by Senator Benson be adopted.

      On page 103, line 35, decrease the general fund-state appropriation for fiscal year 2006 by $56,000.

      On page 103, line 36, decrease the general fund-state appropriation for fiscal year 2007 by $550,000.

      Adjust the total accordingly.

      On page 118, line 26, decrease the general fund-state appropriation for fiscal year 2006 by $2,659,000.

      On page 118, line 27, decrease the general fund-state appropriation for fiscal year 2007 by $11,999,000.

      Adjust the total accordingly.

      On page 118, line 35, after "of" strike "$759.62" and insert "$844.65".

      On page 118, line 36, after "and" strike "$759.62" and insert "$844.65".

      On page 119, after line 14, insert the following:

      (6) Beginning with the 2005-06 school year, the office of superintendent of public instruction shall direct school districts receiving funding provided in this section to implement a transition towards an intensive one year only transitional bilingual program. The level of per student funding represents approximately a 12 percent increase in the amount of state funding. It is the intent of the legislature that by the 2007-08 school year, the amount of time spent by students enrolled in approved transitional bilingual programs shall be limited to one year, except in extremely rare cases where the school district, after consulting with the office of superintendent of public instruction, finds that the students' continued enrollment is in the educational best interests of the student."

      Adjust any internal references and the appropriate formula allocation factors accordingly.

      Senators Benson, Roach and Deccio spoke in favor of adoption of the amendment.

      Senators McAuliffe, Rockefeller and Franklin spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Benson on page 103, line 35 to Substitute Senate Bill No. 6090.

The motion by Senator Benson failed and the amendment was not adopted by voice vote.

MOTION

Senator Benson moved that the following amendment by Senator Benson be adopted.

      On page 119, after line 14, insert the following:

      "(6) Within the amounts appropriated in this section, the office of superintendent of public instruction shall provide data and information to assist the institute for public policy in their continued evaluation of the transitional bilingual program. Based on the guidance of the institute for public policy, the office of superintendent of public instruction will collect information, such as, average length of stay, types of programs offered, number of students enrolled in specific types of transitional bilingual programs, and outcomes for students enrolled in transitional bilingual programs."

      On page 138, line 11, increase the general fund–state appropriation for fiscal year 2006 by $125,000.

      Adjust the total accordingly.

      On page 140, after line 17, insert the following:

      "(6) 125,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the Washington state institute for public policy to continue to examine issues related to the state's transitional bilingual education program. The examination shall include, but is not limited to, a review of the following issues: trends in enrollment and average length of stay in the transitional bilingual program; the different types of programs and delivery methods that exist in the Washington state and other states; the academic and language acquisition effectiveness of different types of programs and service delivery methods; the cost benefits of these different types of programs and service delivery methods; and potential changes that would result in more effective program delivery and cost-effectiveness. The office of superintendent of public instruction shall provide technical assistance and needed data to assist in the institute's examination. The institute shall provide a report of its finding to the governor and appropriate committees of the legislature by June 30, 2006.

      Correct any internal references accordingly.

      Senators Benson and Zarelli spoke in favor of adoption of the amendment.

      Senator McAuliffe spoke against adoption of the amendment.

POINT OF INQUIRY

Senator Roach: “Would Senator McAuliffe yield to a question? Can you tell me what the composition of the group to which you just referred will be?”

Senator McAuliffe: “Yes, the K-12 finance study will have a chair selected by the Governor and then there will be an advisory group that will work through all of the issues that discuss or reconfigure basic education and the funding for K-12. So there will be currently an advisory group looking at all the issues that impact basic education and bilingual education is part of basic ed.”

      Senator Roach: “On the issue of bilingual education, maybe they’ll be a subcommittee, I don’t know. I would like to see that there is a divergence of thought on any of these committees that are established that would make directives to our education system. One of my main concerns about the education hierarchy in the establishment is, there is no divergence of thought. It’s a group of individuals who already come to the table with a closed mind, with an agenda. What I’d like to see is some new thought brought in and that we be open minded when we talk about very important things when it comes to education, such as whether not bilingual strung out over three or more years is the right thing for our children.”

      Senator McAuliffe: “We would be sure that your message is carried to the advisory committee. Thank you.”

The President declared the question before the Senate to be the adoption of the amendment by Senator Benson on page 119, after line 14 to Substitute Senate Bill No. 6090.

The motion by Senator Benson failed and the amendment was not adopted by voice vote.

MOTION

Senator Kohl-Welles moved that the following amendment by Senator Kohl-Welles be adopted.

      On page 126, line 31, after "application." strike everything through line 34 

      Senators Kohl-Welles and Doumit spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Kohl-Welles on page 126, line 31 to Substitute Senate Bill No. 6090.

The motion by Senator Kohl-Welles carried and the amendment was adopted by voice vote.

MOTION

Senator Mulliken moved that the following amendment by Senator Mulliken be adopted.

      On page 127, after line 33, insert

      "(3) For the 2005-07 fiscal biennium, institutions of higher education are prohibited from using the general fund-state appropriations, provided in sections 603 through 609 of this act, for instruction of students who have accumulated more than one hundred twenty-five percent of the number of credits required to complete their degree or certificate. The office of financial management shall allocate 1,648 new enrollments to the institutions."

      Senators Mulliken and Benson spoke in favor of adoption of the amendment.

      Senators Kohl-Welles and Rockefeller spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Mulliken on page 127, after line 33 to Substitute Senate Bill No. 6090.

MOTION

      Senator Esser demanded a division.

The motion by Senator Mulliken failed and the amendment was not adopted by a rising vote.

MOTION

Senator Kohl-Welles moved that the following amendment by Senator Kohl-Welles be adopted.

      On page 129, line 35, after "legislature." strike everything through line 38

      On page 131, line 30, after "colleges." strike everything through line 32

      On page 133, line 35, after "colleges." strike everything through line 37

      On page 135, line 30, after "colleges." strike everything through line 32

      On page 137, line 12, after "colleges." strike everything through line 14

      On page 138, line 24, after "colleges." strike everything through line 26

      On page 140, line 36, after "colleges." strike everything through line 2 on page 141

      Senator Kohl-Welles spoke in favor of adoption of the amendment.

      Senators Spanel, Schmidt and Jacobsen spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Kohl-Welles on page 129, line 35 to Substitute Senate Bill No. 6090.

The motion by Senator Kohl-Welles failed and the amendment was not adopted by voice vote.

MOTION

Senator Kohl-Welles moved that the following amendment by Senator Kohl-Welles be adopted.

      On page 131, line 5 increase the appropriation by $3,669,000

      On page 131, line 6 increase the appropriation by $6,690,000

      On page 133, line 16 increase the appropriation by $972,000

      On page 133, line 17 increase the appropriation by $1,852,000

      On page 135, line 17 increase the appropriation by $130,000

      On page 135, line 18 increase the appropriation by $269,000

      On page 136, line 36 increase the appropriation by $46,000

      On page 136, line 37 increase the appropriation by $95,000

      On page 138, line 11 increase the appropriation by $36,000

      On page 138, line 12 increase the appropriation by $75,000

      On page 140, line 19 increase the appropriation by $98,000

      On page 140, line 20 increase the appropriation by $202,000

      Correct the total appropriations accordingly.

      Senator Kohl-Welles spoke in favor of adoption of the amendment.

      Senators Jacobsen and Thibaudeau spoke against adoption of the amendment.

POINT OF INQUIRY

Senator Brandland: “Would Senator Kohl-Welles yield to a question? Senator, I’m wondering, does this bill impact the University of Washington only? I’m sorry, I may have missed part of your explanation but I’m wondering about Washington State University, Western Washington University. Is there a benefit to them here or is it just for the University of Washington?”

Senator Kohl-Welles: “Your talking about the amendment? The amendment would apply to our baccalaureate, research and comprehensive institutions. So, as I mentioned, a graduate student in the business program at Central Washington University or say a graduate at Western ... half of that tuition could go to go to be used at a private school.”

      Senator Brandland: “That’s good. That answered, you answered my question. Thank you.”

The President declared the question before the Senate to be the adoption of the amendment by Senator Kohl-Welles on page 131, line 5 to Substitute Senate Bill No. 6090.

The motion by Senator Kohl-Welles failed and the amendment was not adopted by voice vote.

MOTION

Senator Zarelli moved that the following amendment by Senators Zarelli and Mulliken be adopted.

      On page 153, after line 25, insert the following:

      "NEW SECTION. Sec. 718. AGENCY REDUCTION-IN-FORCE. The office of financial management shall reduce allotments for all agencies for salaries, wages, and benefits by $180,000,000 from general fund--state appropriations in this act to reflect an across-the-board reduction in state agency personnel by three percent for all agencies with twenty or more full-time equivalent employees. The general fund allotment reduction shall be placed in unallotted status and remain unexpended: PROVIDED, That up to $30 million of this amount may be released from reserve status by the director of financial management for the critically necessary personnel needs of any agency."

      Senators Zarelli and Mulliken spoke in favor of adoption of the amendment.

      Senator Doumit spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senators Zarelli and Mulliken on page 153, after line 25 to Substitute Senate Bill No. 6090.

The motion by Senator Zarelli failed and the amendment was not adopted by voice vote.

MOTION

Senator Zarelli moved that the following amendment by Senator Zarelli be adopted.

      On page 153, after line 25, insert the following:

      "NEW SECTION. Sec. 718. AGENCY EXPENDITURES FOR GOODS AND SERVICES. The office of financial management shall reduce allotments for all agencies for purchased goods and services by $50,000,000 from general fund--state appropriations in this act to reflect reductions in state agency purchasing costs resulting from the full implementation of section 208, chapter 354, Laws of 2002 (the personnel system reform act of 2002). The general fund allotment reduction shall be placed in unallotted status and remain unexpended."

      Renumber the sections consecutively and correct any internal references accordingly.

      Senator Zarelli spoke in favor of adoption of the amendment.

      Senator Fairley spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Zarelli on page 153, after line 25 to Substitute Senate Bill No. 6090.

The motion by Senator Zarelli failed and the amendment was not adopted by voice vote.

MOTION

Senator Johnson moved that the following amendment by Senator Johnson be adopted.

      On page 153, after line 25, insert the following:

      "NEW SECTION. Sec. 718. AGENCY EXPENDITURES FOR TRAVEL, EQUIPMENT, AND CONTRACTS. The office of financial management shall reduce allotments for all agencies for personal service contracts, equipment, and travel by $20,000,000 from general fund--state appropriations in this act to reflect across-the-board reductions in these objects of expenditure. The general fund allotment reduction shall be placed in unallotted status and remain unexpended."

      Renumber the sections consecutively and correct any internal references accordingly.

      Senator Johnson spoke in favor of adoption of the amendment.

      Senator Doumit spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Johnson on page 153, after line 25 to Substitute Senate Bill No. 6090.

The motion by Senator Johnson failed and the amendment was not adopted by voice vote.

MOTION

Senator Brandland moved that the following amendment by Senator Brandland be adopted.

      On page 153, after line 25, insert the following:

      "NEW SECTION. Sec. 718. AGENCY EXPENDITURES TORT LIABILITY AND TORT DEFENSE COSTS. The office of financial management shall reduce allotments for all agencies for tort liability and tort defense costs by $40,000,000 from general fund--state appropriations in this act to reflect reductions in state agency tort liability and tort defense costs resulting from the enactment of governmental liability reform legislation. The general fund allotment reduction shall be placed in unallotted status and remain unexpended."

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Brandland and Zarelli spoke in favor of adoption of the amendment.

      Senators Rockefeller and Kline spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Brandland on page 153, after line 25 to Substitute Senate Bill No. 6090.

The motion by Senator Brandland failed and the amendment was not adopted by voice vote.

MOTION

Senator Zarelli moved that the following amendment by Senator Roach be adopted.

      On page 161, after line 6, insert the following:

      "NEW SECTION. Sec. 732. FOR THE OFFICE OF FINANCIAL MANAGEMENT-- CONTRIBUTIONS TOWARDS THE UNFUNDED LIABILITIES IN STATE RETIREMENT SYSTEMS

General Fund--State Appropriation (FY 2006)...............$78,657,000

General Fund--State Appropriation (FY 2007)...............$93,252,000

General Fund--Federal Appropriation.......................$12,721,000

General Fund--Private/Local Appropriation..................$1,300,000

Dedicated Funds and Accounts Appropriation................$18,296,000

      TOTAL APPROPRIATION..................................$204,226,000

The appropriations in this section are subject to the following conditions and limitations: Funding in this section is provided solely for funding agency and school district contributions towards the unfunded liabilities in the state pension systems as called for in Senate Bill No. 6085. The office of financial management shall update agency appropriations schedules to reflect the change in funding in this section. If the bill is not enacted by June 30, 2005, the appropriations shall lapse.

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Roach and Deccio spoke in favor of adoption of the amendment.

      Senators Doumit and Pflug spoke against adoption of the amendment.

      Senator Esser demanded a roll call.

      The President declared that one-sixth of the members supported the demand and the demand was sustained.

The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 161, after line 6 to Substitute Senate Bill No. 6090.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senator Roach on page 161, after line 6 to Substitute Senate Bill No. 6090 was not adopted by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 23

      Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25

      Excused: Senator Benton - 1

MOTION

Senator Esser moved that the following amendment by Senator Esser be adopted.

      On page 167, strike all materials on lines 30, 31, and 32.

      Senator Esser spoke in favor of adoption of the amendment.

      Senator Doumit spoke against adoption of the amendment.

      Senator Esser demanded a roll call.

      The President declared that one-sixth of the members supported the demand and the demand was sustained.

The President declared the question before the Senate to be the adoption of the amendment by Senator Esser on page 167, line 30 to Substitute Senate Bill No. 6090.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senator Esser on page 167, line 30 to Substitute Senate Bill No. 6090 was not adopted by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 25

      Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Prentice, Pridemore, Rasmussen, Regala, Shin, Spanel, Thibaudeau and Weinstein - 23

      Excused: Senator Benton - 1

MOTION

Senator Hewitt moved that the following amendment by Senator Hewitt be adopted.

      On page 167, strike lines 22, 23, 24, and 25.

      On page 203, beginning on line 23, after "(4)" strike all material down through "5" on line 27.

      On page 203, on line 27, strike "2007" and insert "2005".

      Renumber the sections consecutively and correct any internal references accordingly.

      Senator Hewitt spoke in favor of adoption of the amendment.

      Senator Doumit spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Hewitt on page 167, line 22 to Substitute Senate Bill No. 6090.

The motion by Senator Hewitt failed and the amendment was not adopted by voice vote.

MOTION

Senator Benson moved that the following amendment by Senator Benson be adopted.

      On page 61, line 30, reduce the tobacco prevention and control account–state appropriation by $26,000,000 and adjust the totals accordingly.

      On page 168, after line 24, insert the following:

      "Tobacco Prevention and Control Account: For transfer to the state general fund, $45,000,000 for fiscal year 2006 . . . $45,000,000."

      On page 186, after "2002," on line 33, insert "except during the 2005-07 fiscal biennium,".

      On page 188, after "fund." on line 6, insert a new section, to read as follows:

      "RCW 43.79.480 is amended to read as follows:

(1) Moneys received by the state of Washington in accordance with the settlement of the state's legal action against tobacco product manufacturers, exclusive of costs and attorneys' fees, shall be deposited in the tobacco settlement account created in this section except as these moneys are sold or assigned under chapter 43.340 RCW.

     (2) The tobacco settlement account is created in the state treasury. Moneys in the tobacco settlement account may only be transferred to the health services account for the purposes set forth in RCW 43.72.900, and to the tobacco prevention and control account for purposes set forth in this section. During the 2005-07 fiscal biennium the legislature may transfer from the tobacco prevention and control account to the state general fund such amounts as reflect the excess fund balance of the account.

     (3) The tobacco prevention and control account is created in the state treasury. The source of revenue for this account is moneys transferred to the account from the tobacco settlement account, investment earnings, donations to the account, and other revenues as directed by law. Expenditures from the account are subject to appropriation."

      Renumber the sections consecutively and correct any internal references accordingly.

      Senator Benson spoke in favor of adoption of the amendment.

      Senators Thibaudeau and Oke spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Benson on page 61, line 30 to Substitute Senate Bill No. 6090.

The motion by Senator Benson failed and the amendment was not adopted by voice vote.

MOTION

      On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 6090 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Prentice, Doumit and Brown spoke in favor of passage of the bill.

      Senators Zarelli, Hewitt, Parlette, Finkbeiner and Pflug spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6090.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6090 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.

      Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25

      Voting nay: Senators Benson, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 23

      Excused: Senator Benton - 1

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6090, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

On motion of Senator Eide, Engrossed Substitute Senate Bill No. 6090 was immediately transmitted to the House of Representatives.

PERSONAL PRIVILEGE

Senator Haugen: “I’d like to announce that Transportation will start a quarter to three and please be on time. We have an executive session we really need to do.”

MOTION

      On motion of Senator Eide, the Senate reverted to the fourth order of business.

MESSAGES FROM THE HOUSE

March 30, 2005

MR. PRESIDENT:

The Speaker has signed:

      SENATE BILL NO. 5794,

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

March 30, 2005

MR. PRESIDENT:

The House has passed the following bill{s}:

      SENATE BILL NO. 5356,

      SENATE BILL NO. 5433,

      SENATE JOINT RESOLUTION NO. 8207,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

      SENATE BILL NO. 5356,

      SENATE BILL NO. 5433,

      SENATE JOINT RESOLUTION NO. 8207.

MESSAGE FROM THE HOUSE

March 30, 2005

MR. PRESIDENT:

The House has passed the following bill{s}:

      SENATE BILL NO. 5148,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5509,

      SENATE JOINT MEMORIAL NO. 8000,

      SUBSTITUTE SENATE JOINT MEMORIAL NO. 8018,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

      SENATE BILL NO. 5148,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5509,

      SENATE JOINT MEMORIAL NO 8000,

      SUBSTITUTE SENATE JOINT MEMORIAL NO. 8018.

MOTION

      At 12:23 p.m., on motion of Senator Eide, the Senate adjourned until 12:00 noon Thursday, March 31, 2005.

BRAD OWEN, President of the Senate

THOMAS HOEMANN, Secretary of the Senate