NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.

FIFTY-THIRD DAY

------------

MORNING SESSION

------------

Senate Chamber, Olympia, Thursday, March 4, 1993

The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Amondson, Drew, Erwin, Gaspard, Owen and Sellar. On motion of Senator Spanel, Senators Drew, Gaspard, and Owen were excused. On motion of Senator Oke, Senators Amondson, Erwin and Sellar were excused.

The Sergeant at Arms Color Guard, consisting of Pages Jennifer McKibbin and Stephanie Doellefeld, presented the Colors. Reverend Robert H. Cassis, Jr., pastor of the South Sound Presbyterian Church of Olympia, offered the prayer.

MOTION

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

REPORTS OF STANDING COMMITTEES

March 3, 1993

SB 5308 Prime Sponsor, Senator Owen: Modifying the forest fire protection assessment. Reported by Committee on Ways and Means

MAJORITY recommendation: That Substitute Senate Bill No. 5308 as recommended by Committee on Natural Resources be substituted therefor and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, Pelz, Quigley, Snyder, Talmadge, West, and Wojahn.

Passed to Committee on Rules for second reading.

March 2, 1993

SB 5351 Prime Sponsor, Senator Newhouse: Regarding death benefits for disabled teacher retirees under plan I. Reported by Committee on Ways and Means

MAJORITY recommendation: Do pass as amended. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Anderson, Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Niemi, Owen, Quigley, L. Smith, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

Passed to Committee on Rules for second reading.

March 2, 1993

SB 5352 Prime Sponsor, Senator Newhouse: Specifying how payments based on retirement agreements shall affect calculation of pension benefits. Reported by Committee on Ways and Means

MAJORITY recommendation: Do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Anderson, Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Niemi, Quigley, L. Smith, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

Passed to Committee on Rules for second reading.

March 2, 1993

SB 5510 Prime Sponsor, Senator Niemi: Notifying reentering state employees of their ability to restore previously withdrawn contributions. Reported by Committee on Ways and Means

MAJORITY recommendation: That Substitute Senate Bill No. 5510 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Anderson, Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Niemi, Owen, L. Smith, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

Passed to Committee on Rules for second reading.

March 2, 1993

SB 5721 Prime Sponsor, Senator Rinehart: Modifying the state's cash management system. Reported by Committee on Ways and Means

MAJORITY recommendation: That Substitute Senate Bill No. 5721 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Niemi, Owen, Quigley, L. Smith, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

Passed to Committee on Rules for second reading.

INTRODUCTION AND FIRST READING

SB 5954 by Senators Gaspard, Franklin, M. Rasmussen and von Reichbauer

AN ACT Relating to valuation for property tax purposes; adding new sections to chapter 84.36 RCW; creating a new section; and providing a contingent effective date.

Referred to Committee on Ways and Means.

SJM 8023 by Senators Loveland and Hochstatter

Petitioning Congress to not designate the Hanford Reach as wild and scenic or as a wildlife refuge.

Referred to Committee on Natural Resources.

SJR 8217 by Senators Gaspard, Franklin, M. Rasmussen and von Reichbauer

Amending the constitution to authorize property tax relief.

Referred to Committee on Ways and Means.

STATEMENT FOR THE JOURNAL

March 4, 1993

This morning I missed votes on Gubernatorial Appointment No. 9127, Gubernatorial Appointment No. 9128, Substitute Senate Bill No. 5261 and Senate Bill No. 5062 on the floor of the Senate because I was participating in a joint press conference with Governor Lowry, Attorney General Christine Gregoire, Speaker Brian Ebersole, Senate Minority Leader George Sellar and House Minority Leader Clyde Ballard.

SENATOR MARCUS S. GASPARD, 25th District

SECOND READING

GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Vognild, Gubernatorial Appointment No. 9127, Captain Roger Bruett, as Chief of the Washington State Patrol, was confirmed.

APPOINTMENT OF CAPTAIN ROGER BRUETT

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.

Excused: Senators Amondson, Drew, Erwin, Gaspard, Owen and Sellar - 6.

MOTION

On motion of Senator Rasmussen, Gubernatorial Appointment No. 9128, Dr. Peter J. Goldmark, as Director of the Department of Agriculture, was confirmed.

APPOINTMENT OF DR. PETER J. GOLDMARK

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 44.

Excused: Senators Amondson, Erwin, Gaspard, Owen and Sellar - 5.

SECOND READING

SENATE BILL NO. 5261, by Senators Fraser, Deccio and Talmadge

Modifying the background check requirement on persons providing services for physically disabled or mentally impaired persons.

MOTIONS

On motion of Senator Talmadge, Substitute Senate Bill No. 5261 was substituted for Senate Bill No. 5261 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Talmadge, the rules were suspended, Substitute Senate Bill No. 5261 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. 5261.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5261 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.

Excused: Senators Erwin, Gaspard, Owen and Sellar - 4.

SUBSTITUTE SENATE BILL NO. 5261, 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.

SECOND READING

SENATE BILL NO. 5062, by Senators Nelson and Vognild

Determining exempt fuel use by power take-off units.

The bill was read the second time.

MOTION

On motion of Senator Vognild, the rules were suspended, Senate Bill No. 5062 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. 5062.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5062 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Excused: Senators Erwin, Gaspard, Owen and Sellar - 4.

SENATE BILL NO. 5062, 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.

SECOND READING

SENATE BILL NO. 5024, by Senators A. Rasmussen, McDonald and McCaslin

Increasing the homestead exemption.

The bill was read the second time.

MOTION

On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 5024 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. 5024.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5024 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.

Excused: Senators Erwin and Owen - 2.

SENATE BILL NO. 5024, 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.

SECOND READING

SENATE BILL NO. 5124, by Senators Owen, Snyder, Haugen, Spanel, Sellar, Oke, Amondson and Erwin (by request of Department of Fisheries)

Revising laws relating to commercial fishing licenses.

The bill was read the second time.

MOTION

On motion of Senator Snyder, the rules were suspended, Senate Bill No. 5124 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. 5124.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5124 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

2 Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.

Excused: Senators Erwin and Owen - 2.

SENATE BILL NO. 5124, 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.

INTRODUCTION OF SPECIAL GUESTS

The President introduced the 1993 Washington State Apple Blossom Royalty who were seated on the rostrum: Apple Blossom Queen, Kristie Marie Adamson; Princesses, Maria Louise Davis, Anna L. Shaw, Shawnee Elizabeth Effinger, Jennifer Anne Netz and Candida Melinda Sherrill.

With permission of the Senate, the group sang a song inviting the Senators to attend the Apple Blossom Festival.

Senator Sellar gave a special welcome to the members of the Apple Blossom Royalty.

MOTION

At 9:40 a.m., on motion of Senator Jesernig, the Senate was declared to be at ease.

The Senate was called to order at 10:38 a.m. by President Pritchard.

SECOND READING

SENATE BILL NO. 5301, by Senators Fraser, Oke, Barr, Haugen and Winsley

Authorizing the state parks and recreation commission to enter into cooperative agreements with private nonprofit corporations with regard to state park property and facilities.

The bill was read the second time.

MOTION

On motion of Senator Fraser, the rules were suspended, Senate Bill No. 5301 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. 5301.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5301 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 2; Excused, 0.

Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

Voting nay: Senator McCaslin - 1.

Absent: Senators Barr and Prince - 2.

SENATE BILL NO. 5301, 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 Oke, Senators Barr and Prince were excused.

SECOND READING

ENGROSSED HOUSE BILL NO. 1303, by Representatives R. Fisher and Johanson (by request of Department of Transportation)

Authorizing state highway bonds.

The bill was read the second time.

MOTION

On motion of Senator Vognild, the rules were suspended, Engrossed House Bill No. 1303 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 House Bill No. 1303.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 1303 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.

Excused: Senators Barr and Prince - 2.

ENGROSSED HOUSE BILL NO. 1303, 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.

SECOND READING

SENATE BILL NO. 5020, by Senators Nelson and Winsley

Providing for a ten-day period to repair a vehicle before a traffic infraction may be issued for defective equipment.

The bill was read the second time.

MOTION

Senator Nelson moved that the following Committee on Transportation amendment be adopted:

On page 1, beginning on line 17, strike all material through "equipment." on page 2, line 2, and insert:

"For lesser degrees of equipment violations, law enforcement officers shall issue a mandatory repair notice. The repair notice shall provide a motorist with at least ten days to repair the deficient equipment. If at the end of the ten day period, or greater period of time if designated on the repair notice, the motorist has not contacted the law enforcement agency that issued the mandatory repair notice and produced satisfactory evidence that the equipment deficiency has been corrected, the law enforcement agency shall issue a traffic infraction."

Debate ensued.

The President declared the question before the Senate to be the adoption of the Committee on Transportation amendment on page 1, beginning on line 17, to Senate Bill No. 5020.

The motion by Senator Nelson carried and the committee amendment was adopted.

MOTION

On motion of Senator Nelson, the rules were suspended, Engrossed Senate Bill No. 5020 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. 5020.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5020 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 46.

Voting nay: Senator West - 1.

Excused: Senators Barr and Prince - 2.

ENGROSSED SENATE BILL NO. 5020, 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.

SECOND READING

SENATE BILL NO. 5479, by Senators Fraser, Deccio, Talmadge, Moyer, Franklin, M. Rasmussen and Oke

Declaring Washington state children's day.

MOTIONS

On motion of Senator Talmadge, Substitute Senate Bill No. 5479 was substituted for Senate Bill No. 5479 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Talmadge, the rules were suspended, Substitute Senate Bill No. 5479 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5479.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5479 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.

SUBSTITUTE SENATE BILL NO. 5479, 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.

SECOND READING

SENATE BILL NO. 5378, by Senators M. Rasmussen, Barr, Loveland and Winsley (by request of Department of Agriculture)

Modifying the regulation of horticultural plants and facilities.

The bill was read the second time.

MOTIONS

On motion of Senator Rasmussen, the following Committee on Agriculture amendment was adopted:

On page 3, line 3, after "landscapes." insert the following new sub-section:

"(13) "Collected horticultural plant" means a noncultivated native plant, collected in its native habitat and sold for horticultural purposes. For purposes of this chapter, such plants shall be regarded as collected horticultural plants for the first calendar year after collection."

On motion of Senator Rasmussen, the rules were suspended, Engrossed Senate Bill No. 5378 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. 5378.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5378 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SENATE BILL NO. 5378, 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.

SECOND READING

SENATE BILL NO. 5138, by Senators M. Rasmussen, Roach, Erwin, Moyer, A. Smith, Wojahn, Haugen, Spanel, McCaslin, Nelson, Quigley, Winsley and Oke

Making under-aged persons in a public place under the influence of alcohol guilty of a misdemeanor.

The bill was read the second time.

MOTIONS

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

On page 2, after line 26, insert the following:

"NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

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

On page 1, line 3 of the title, after "66.44.270;" strike "and prescribing penalties" and insert "prescribing penalties; and declaring an emergency"

MOTION

On motion of Senator Adam Smith, the rules were suspended, Engrossed Senate Bill No. 5138 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5138.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5138 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 13; Absent, 0; Excused, 0.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McCaslin, McDonald, Nelson, Newhouse, Oke, Owen, Prince, Quigley, Rasmussen, M., Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Winsley and Wojahn - 36.

Voting nay: Senators Franklin, Hochstatter, McAuliffe, Moore, Moyer, Niemi, Pelz, Prentice, Rinehart, Roach, Skratek, Vognild and Williams - 13.

ENGROSSED SENATE BILL NO. 5138, 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.

SECOND READING

SENATE BILL NO. 5455, by Senators Fraser, Deccio and Talmadge (by request of Law Revision Commission)

Correcting the codification of a section relating to chemical dependency.

The bill was read the second time.

MOTION

On motion of Senator Talmadge, the rules were suspended, Senate Bill No. 5455 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. 5455.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5455 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5455, 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.

SECOND READING

SENATE BILL NO. 5284, by Senators Haugen and McAuliffe

Authorizing city councilmembers to serve as reserve police officers.

MOTIONS

On motion of Senator Drew, Substitute Senate Bill No. 5284 was substituted for Senate Bill No. 5284 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Drew, the rules were suspended, Substitute Senate Bill No. 5284 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. 5284.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5284 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5284, 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.

SECOND READING

SENATE BILL NO. 5060, by Senators A. Smith, Nelson, McCaslin and Hargrove (by request of Indeterminate Sentence Review Board)

Revising provisions relating to indeterminate sentencing.

The bill was read the second time.

MOTION

On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 5060 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. 5060.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5060 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5060, 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.

SECOND READING

SENATE BILL NO. 5290, by Senators Wojahn, Snyder, Moyer, Sellar, Bauer, McCaslin, Deccio, Vognild and Winsley

Reducing the tax burden on free hospitals.

The bill was read the second time.

MOTION

On motion of Senator Talmadge, the rules were suspended, Senate Bill No. 5290 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. 5290.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5290 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5290, 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.

SECOND READING

SENATE BILL NO. 5247, by Senators Skratek, Deccio, Erwin, Sheldon, M. Rasmussen, Moyer and Sellar

Allowing the creation of a less than county-wide port district not bordering on saltwater.

The bill was read the second time.

MOTION

On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5247 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. 5247.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5247 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5247, 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.

SECOND READING

SENATE BILL NO. 5149, by Senators Winsley and Roach

Prescribing monetary penalties for littering.

The bill was read the second time.

MOTION

On motion of Senator Fraser, the rules were suspended, Senate Bill No. 5149 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. 5149.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5149 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5149, 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

Senator Bauer moved that the following Gubernatorial Appointments be confirmed by a single roll call vote and each name recorded as if voting on each appointment separately:

GA 9145, CARL R. BROWN, Member, Board of Trustees, Bates Technical College District No. 28;

GA 9164, BEVERLY FREEMAN, Member, State Board for Community and Technical Colleges;

GA 9166, MARY ANN FUNK, Member, Board of Trustees for Skagit Valley Community College District No. 4;

GA 9176, ROBERTA J. GREENE, Member, Spokane Joint Center for Higher Education;

GA 9182, VICTOR S. HIRAKAWA, Member, Board of Trustees for Edmonds Community College District No. 23;

GA 9192, CHARLES D. KEE, Member, Board of Trustees for Edmonds Community College District No. 23;

GA 9207, ARLENE MILLER, Member, Board of Trustees for Skagit Valley Community College District No. 4;

GA 9208, KAREN MILLER, Member, Board of Trustees for Edmonds Community College District No. 23;

GA 9222, MELANIE PRINSEN, Member, Board of Trustees for Bellingham Community College District No. 25;

GA 9236, ANN H. SCROGGS, Member, Board of Trustees for Grays Harbor Community College District No. 2;

GA 9238, JIM SHERRILL, Member, Board of Trustees for Centralia Community College District No. 12;

GA 9260, PAUL J. WYSOCKI, Member, Board of Trustees for Seattle, South Seattle and North Seattle Community College District No. 6;

GA 9263, DALE BRIGHTON, Member, Board of Trustees for Wenatchee Valley Community College District No. 15.

POINT OF INQUIRY

Senator Newhouse: "Senator Bauer, this is a new procedure and rather unusual. If a member wished to record a negative vote for anyone of these, could they notify the desk of that?"

Senator Bauer: "Senator Newhouse, I think that would be a decision of the President."

REPLY BY THE PRESIDENT

President Pritchard: "The Chair believes that if someone wants to vote a negative vote, we will take that name off the list."

Senator Newhouse: "Thank you."

POINT OF INQUIRY

Senator McCaslin: "Senator Bauer, this is a good idea, I think. I recommended it years ago, but my question is if a member is absent, is he absent for thirteen votes or for one vote?"

Senator Bauer: "That's another decision of the Chair."

Senator McCaslin: "Well then I'll ask the President. Mr. President, could you rule on that?"

REPLY BY THE PRESIDENT

President Pritchard: "They are all recorded separately, so it would be thirteen votes."

Senator McCaslin: "Then, I think that is unfair."

President Pritchard: "But everybody is here, Senator McCaslin."

Senator McCaslin: "Thank you very much. I am not talking about today. There is a future, I hope, for all of us and if this comes up again, then I don't think it would be fair that if an individual member was inadvertently absent, that he would have thirteen absent votes counted against him. As you and I both know, occasionally this gets into the political arena. I think that would be totally unfair."

President Pritchard: "Senator McCaslin, let the President assure you that I will only allow this to go on when all the members are here."

Senator McCaslin: "Thank you, could you spread that on the Journal?"

President Pritchard: "I think it is in the Journal, right here."

Further debate ensued.

The President declared the question before the Senate to be the motion by Senator Bauer that the listed gubernatorial appointments be confirmed by a single vote and each name recorded as if voting on each appointment separately.

The motion by Senator Bauer carried and the following gubernatorial appointments were confirmed:

SECOND READING

GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Bauer, Gubernatorial Appointment No. 9145, Carl R. Brown, as member of the Board of Trustees for Bates Technical College District No. 28, was confirmed.

APPOINTMENT OF CARL R. BROWN

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

MOTION

On motion of Senator Bauer, Gubernatorial Appointment No. 9164, Beverly Freeman, as member of the State Board for Community and Technical Colleges, was confirmed.

APPOINTMENT OF BEVERLY FREEMAN

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

MOTION

On motion of Senator Bauer, Gubernatorial Appointment No. 9166, Mary Ann Funk, as member of the Board of Trustees for Skagit Valley Community College District No. 4, was confirmed.

APPOINTMENT OF MARY ANN FUNK

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

MOTION

On motion of Senator Bauer, Gubernatorial Appointment No. 9176, Roberta J. Greene, as member of the Spokane Joint Center for Higher Education, was confirmed.

APPOINTMENT OF ROBERTA J. GREENE

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

MOTION

On motion of Senator Bauer, Gubernatorial Appointment No. 9182, Victor S. Hirakawa, as member of the Board of Trustees for Edmonds Community College District No. 23, was confirmed.

APPOINTMENT OF VICTOR S. HIRAKAWA

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

MOTION

On motion of Senator Bauer, Gubernatorial Appointment No. 9192, Charles D. Kee, as member of the Board of Trustees for Edmonds Community College District No. 23, was confirmed.

APPOINTMENT OF CHARLES D. KEE

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

MOTION

On motion of Senator Bauer, Gubernatorial Appointment No. 9207, Arlene Miller, as member of the Board of Trustees for Skagit Valley Community College District No. 4, was confirmed.

APPOINTMENT OF ARLENE MILLER

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

MOTION

On motion of Senator Bauer, Gubernatorial Appointment No. 9208, Karen Miller, as member of the Board of Trustees for Edmonds Community College District No. 23, was confirmed.

APPOINTMENT OF KAREN MILLER

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

MOTION

On motion of Senator Bauer, Gubernatorial Appointment No. 9222, Melanie Prinsen, as member of the Board of Trustees for Bellingham Community College District No. 25, was confirmed.

APPOINTMENT OF MELANIE PRINSEN

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

MOTION

On motion of Senator Bauer, Gubernatorial Appointment No. 9236, Ann H. Scroggs, as member of the Board of Trustees for Grays Harbor Community College District No. 2, was confirmed.

APPOINTMENT OF ANN H. SCROGGS

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

MOTION

On motion of Senator Bauer, Gubernatorial Appointment No. 9238, Jim Sherrill, as member of the Board of Trustees for Centralia Community College District No. 12, was confirmed.

APPOINTMENT OF JIM SHERRILL

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

MOTION

On motion of Senator Bauer, Gubernatorial Appointment No. 9260, Paul J. Wysocki, as member of the Board of Trustees for Seattle, South Seattle and North Seattle Community College District No. 6, was confirmed.

APPOINTMENT OF PAUL J. WYSOCKI

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

MOTION

On motion of Senator Bauer, Gubernatorial Appointment No. 9263, Dale Brighton, as member of the Board of Trustees for Wenatchee Valley Community College District No. 15, was confirmed.

APPOINTMENT OF DALE BRIGHTON

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

MOTION

At 11:49 a.m., on motion of Senator Jesernig, the Senate recessed until 1:00 p.m.

The Senate was called to order at 1:06 p.m. by President Pritchard.

MOTIONS

On motion of Senator Spanel, Senators Owen and Rinehart were excused.

On motion of Senator Oke, Senator Deccio was excused.

SECOND READING

GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Adam Smith, Gubernatorial Appointment No. 9137, Kathryn S. Bail, as Chair of the Indeterminate Sentence Review Board, was confirmed.

APPOINTMENT OF KATHRYN S. BAIL

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

Excused: Senators Deccio, Owen and Rinehart - 3.

MOTIONS

On motion of Senator Oke, Senator Amondson was excused.

On motion of Senator Spanel, Senator Vognild was excused.

MOTION

On motion of Senator Adam Smith, Gubernatorial Appointment No. 9157, Dr. Helen Donigan, as a member of the Human Rights Commission, was confirmed.

APPOINTMENT OF DR. HELEN DONIGAN

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 44.

Voting nay: Senator Nelson - 1.

Excused: Senators Amondson, Owen, Rinehart and Vognild - 4.

SECOND READING

SENATE BILL NO. 5079, by Senators Owen, Snyder, Hargrove and Erwin

Modifying conditions for the digging of razor clams for persons who have physical disability permits.

The bill was read the second time.

MOTION

On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 5079 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. 5079.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5079 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 44.

Voting nay: Senator Haugen - 1.

Excused: Senators Amondson, Owen, Rinehart and Vognild - 4.

SENATE BILL NO. 5079, 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.

SECOND READING

SENATE BILL NO. 5302, by Senators Owen, Hargrove and Oke

Concerning food fish and shellfish rules.

The bill was read the second time.

MOTION

On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 5302 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. 5302.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5302 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

Excused: Senators Owen, Rinehart and Vognild - 3.

SENATE BILL NO. 5302, 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.

SECOND READING

SENATE BILL NO. 5139, by Senators Fraser, Wojahn, Prentice, Haugen, von Reichbauer, Williams, Winsley, Roach and McAuliffe (by request of Office of Financial Management, Washington State Historical Society and State Capital Historical Association)

Consolidating the state capital historical association and the state historical society.

The bill was read the second time.

MOTION

On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5139 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. 5139.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5139 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.

Excused: Senator Rinehart - 1.

SENATE BILL NO. 5139, 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.

SECOND READING

SENATE BILL NO. 5340, by Senators A. Smith, Quigley, McCaslin, Winsley, Talmadge, Fraser, von Reichbauer, M. Rasmussen, Roach and Oke

Increasing penalties for persons under the influence of intoxicating liquor or drugs.

The bill was read the second time.

MOTION

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

Beginning on page 1, line 6, strike all of sections 1, 2 and 3 down through and including the period on page 3, line 35.

Beginning on page 8, line 1, strike all of sections 5 and 6 down through and including the period on page 11, line 4.

Renumber the remaining section accordingly.

Debate ensued.

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

The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senator Vognild on page 1, line 6, and page 8, line 1, to Senate Bill No. 5340.

ROLL CALL

The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 15; Nays, 33; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, Barr, Bauer, Drew, Loveland, McAuliffe, Moore, Newhouse, Niemi, Owen, Prentice, Sellar, Skratek, Vognild and Williams - 15.

Voting nay: Senators Amondson, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, McCaslin, McDonald, Moyer, Nelson, Oke, Pelz, Prince, Quigley, Rasmussen, M., Roach, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Winsley and Wojahn - 33.

Excused: Senator Rinehart - 1.

MOTION

On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 5340 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. 5340.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5340 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 47.

Voting nay: Senators Loveland and Vognild - 2.

SENATE BILL NO. 5340, 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.

SECOND READING

SENATE BILL NO. 5233, by Senators A. Smith, McCaslin, Spanel, Nelson and Hargrove

Specifying the fees allowed to prevailing parties for costs related to service of process.

The bill was read the second time.

MOTION

On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 5233 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. 5233.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5233 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5233, 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.

SECOND READING

SENATE BILL NO. 5275, by Senators Oke, Haugen and Winsley

Authorizing nonprofit corporations to restore, maintain, and protect abandoned cemeteries.

The bill was read the second time.

MOTION

On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5275 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. 5275.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5275 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5275, 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.

SECOND READING

SENATE BILL NO. 5157, by Senators Hargrove and Nelson

Increasing statutory attorneys' fees.

MOTIONS

On motion of Senator Adam Smith, Substitute Senate Bill No. 5157 was substituted for Senate Bill No. 5157 and the substitute bill was placed on second reading and read the second time.

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

On page 1, beginning on line 11, after "of" strike all material through "more" on line 15 and insert "((fifty dollars as part of the costs: PROVIDED, HOWEVER, That the plaintiff shall not be entitled to such attorney fee unless he obtains, exclusive of costs, a judgment in the sum of twenty-five dollars or more)) one hundred dollars or the amount of the judgment obtained, exclusive of costs, whichever is less."

MOTION

On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 5157 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5157.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5157 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5157, 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

At 1:58 p.m., on motion of Senator Jesernig, the Senate adjourned until 9:00 a.m., Friday, March 5, 1993.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate