NOTICE: Formatting and page numbering in this document may be different
from that in the original published version.
SIXTIETH DAY
------------
MORNING SESSION
------------
Senate Chamber, Olympia, Thursday, March 11, 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 Owen, Prince and von Reichbauer. On motion of Senator Oke, Senators Prince and von Reichbauer were excused. On motion of Senator Spanel, Senator Owen was excused.
The Sergeant at Arms Color Guard, consisting of Pages Erin Gamache and Kyah Grady, presented the Colors. Reverend John Cross, assistant pastor of the Gloria Dei Lutheran 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.
MESSAGES FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENTS
February 24, 1993
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
Mitchell S. Johnson, reappointed February 24, 1993, for a term ending January 19, 1997, as a member of the Wildlife Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Natural Resources.
February 24, 1993
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
Norman F. Richardson, reappointed February 24, 1993, for a term ending January 19, 1995, as a member of the Wildlife Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Natural Resources.
February 25, 1993
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
Dean Lydig, reappointed February 25, 1993, for a term ending January 19, 1999, as a member of the Wildlife Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Natural Resources.
February 25, 1993
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
John C. McGlenn, reappointed February 25, 1993, for a term ending January 19, 1999, as a member of the Wildlife Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Natural Resources.
February 25, 1993
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
James Walton, reappointed February 25, 1993, for a term ending January 19, 1995, as a member of the Wildlife Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Natural Resources.
MESSAGES FROM THE HOUSE
March 8, 1993
MR. PRESIDENT:
The House has passed:
ENGROSSED HOUSE BILL NO. 1110,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1198,
HOUSE BILL NO. 1204,
ENGROSSED HOUSE BILL NO. 1228,
ENGROSSED HOUSE BILL NO. 1238,
HOUSE BILL NO. 1324,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1408,
ENGROSSED HOUSE BILL NO. 1415,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1505,
HOUSE BILL NO. 1535,
ENGROSSED HOUSE BILL NO. 1617,
ENGROSSED HOUSE BILL NO. 1748,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1966, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
March 9, 1993
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1012,
SUBSTITUTE HOUSE BILL NO. 1063,
SUBSTITUTE HOUSE BILL NO. 1210,
SUBSTITUTE HOUSE BILL NO. 1211,
HOUSE BILL NO. 1218,
HOUSE BILL NO. 1277,
SUBSTITUTE HOUSE BILL NO. 1325,
SUBSTITUTE HOUSE BILL NO. 1352,
SUBSTITUTE HOUSE BILL NO. 1370,
HOUSE BILL NO. 1424,
SUBSTITUTE HOUSE BILL NO. 1429,
SUBSTITUTE HOUSE BILL NO. 1480,
SUBSTITUTE HOUSE BILL NO. 1547,
SUBSTITUTE HOUSE BILL NO. 1555,
SUBSTITUTE HOUSE BILL NO. 1567,
HOUSE BILL NO. 1572,
SUBSTITUTE HOUSE BILL NO. 1587,
SUBSTITUTE HOUSE BILL NO. 1595,
HOUSE BILL NO. 1643,
HOUSE BILL NO. 1777,
SUBSTITUTE HOUSE BILL NO. 1784,
SUBSTITUTE HOUSE BILL NO. 1787,
HOUSE BILL NO. 1865,
HOUSE BILL NO. 1930,
HOUSE BILL NO. 2028,
HOUSE BILL NO. 2048,
SUBSTITUTE HOUSE CONCURRENT RESOLUTION NO. 4408, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
March 10, 1993
MR. PRESIDENT:
The House has passed:
HOUSE BILL NO. 1029,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1374,
HOUSE BILL NO. 1466,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1541,
SUBSTITUTE HOUSE BILL NO. 1631,
SUBSTITUTE HOUSE BILL NO. 1766,
SUBSTITUTE HOUSE BILL NO. 1839,
SUBSTITUTE HOUSE BILL NO. 1907,
SUBSTITUTE HOUSE BILL NO. 2003, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 1012 by House Committee on Health Care (originally sponsored by Representatives Appelwick, King and Jacobsen)
Adopting the uniform anatomical gift act.
Referred to Committee on Health and Human Services.
HB 1029 by Representatives H. Myers, Vance and Flemming
Purchasing manufactured homes.
Referred to Committee on Labor and Commerce.
SHB 1063 by House Committee on Agriculture and Rural Development (originally sponsored by Representatives Rayburn, Chandler, Chappell, Grant, Roland, Ludwig, Riley, Padden, Hansen, Lemmon and Lisk)
Modifying provisions regarding the Washington wine commission.
Referred to Committee on Agriculture.
EHB 1110 by Representatives Vance, Leonard, Cooke, Sheldon, Basich, Foreman, Brough, Long, Karahalios, Miller, Brumsickle and Kremen
Prescribing treatment for sexually aggressive youth.
Referred to Committee on Law and Justice.
ESHB 1198 by House Committee on Human Services (originally sponsored by Representatives Leonard, Padden, Appelwick, King, Brough, Johanson, Jones, Roland, Long, G. Cole, Veloria, Horn, Karahalios, Springer, Wood, Flemming, Kessler, Lemmon and Pruitt)
Implementing recommendations of the juvenile issues task force.
Referred to Committee on Law and Justice.
HB 1204 by Representatives Leonard, Cooke, Riley, Karahalios, Brough, Long, Horn and Wood (by request of Department of Social and Health Services)
Including certain juveniles who are the subject of proceedings under chapter 13.34 RCW in the definition of "at-risk juvenile sex offenders".
Referred to Committee on Law and Justice.
SHB 1210 by House Committee on Judiciary (originally sponsored by Representatives Ludwig, Padden, Long, Forner and Johanson)
Increasing statutory attorneys' fees.
Referred to Committee on Law and Justice.
SHB 1211 by House Committee on Education (originally sponsored by Representatives Ogden, Brumsickle, Franklin, Jacobsen, Carlson, Springer, Orr, Leonard, H. Myers and Basich)
Authorizing educational service districts to provide cooperative and informational services to local school districts.
Referred to Committee on Education.
HB 1218 by Representatives Ludwig, Edmondson, Mastin, Reams, Scott, Bray, Riley, R. Fisher, Grant, Rayburn, Dellwo, Van Luven, Chandler, Zellinsky, Appelwick, Roland, Fuhrman, Kremen and Johanson
Changing requirements for claims against local governmental agencies.
Referred to Committee on Government Operations.
EHB 1228 by Representatives Jones, Miller, Riley, Vance, Kessler, Basich, Karahalios and Leonard
Allowing information exchange of all agencies, including schools, with youth in their care.
Referred to Committee on Law and Justice.
EHB 1238 by Representatives R. Johnson, Ballasiotes, Ludwig, King, Karahalios, Johanson, Jones, Sheahan, Schoesler, Brumsickle, Roland, Long, Flemming, Horn, Mielke, Tate, Wood, Kremen, Foreman and Pruitt (by request of Department of Social and Health Services)
Requiring notice be given to various parties before release from confinement of a juvenile who has committed stalking.
Referred to Committee on Law and Justice.
HB 1277 by Representatives R. Fisher, Schmidt, R. Meyers, Brown, Jones, Johanson, Horn, Wood and Dunshee (by request of Department of Transportation)
Articulating desirable land use patterns in transit plans.
Referred to Committee on Transportation.
HB 1324 by Representatives Cothern, Wood, G. Cole, Horn, Wang, Brumsickle, Ogden, Miller, Leonard, Brough, J. Kohl, Ludwig, Dellwo, Kremen, Basich, Jones, Chappell, Shin, Johanson, Rayburn and Mielke
Providing property tax exemptions for charitable fund-raising organizations.
Referred to Committee on Ways and Means.
SHB 1325 by House Committee on Local Government (originally sponsored by Representatives Bray, Edmondson, Orr, H. Myers, Long and Springer)
Giving local governments the option to acquire services or goods under arrangements by state agencies.
Referred to Committee on Government Operations.
SHB 1352 by House Committee on Commerce and Labor (originally sponsored by Representatives Veloria, G. Cole and Franklin (by request of Department of Labor and Industries)
Revising provisions for fee schedules for industrial insurance medical aid.
Referred to Committee on Labor and Commerce.
SHB 1370 by House Committee on Commerce and Labor (originally sponsored by Representatives Ludwig, Heavey, Orr, Bray, Veloria, King and G. Cole)
Restricting bid shopping.
Referred to Committee on Labor and Commerce.
ESHB 1374 by House Committee on Education (originally sponsored by Representatives Brough and Peery)
Changing provisions relating to the teacher admission to practice examination.
Referred to Committee on Education.
ESHB 1408 by House Committee on Human Services (originally sponsored by Representatives Sommers, Leonard, Cooke, Thibaudeau, Brough, Riley, Wolfe, Thomas, Karahalios, Ballasiotes, Forner, Long, Schmidt, Flemming, Silver, Eide, Wood, Shin, Linville, R. Meyers, J. Kohl, Ogden, Valle, Ludwig, Bray, Basich, Wineberry, Jones, Roland, Mielke, Wang, Heavey, Pruitt, Brown, Dellwo, Scott, Rayburn, King, Cothern, Kessler, G. Cole, Rust, Springer, Kremen, Johanson, L. Johnson, Locke, Sheldon, Morris, H. Myers, Jacobsen and Anderson)
Providing a comprehensive program for teen pregnancy prevention.
Referred to Committee on Health and Human Services.
EHB 1415 by Representative G. Cole
Modifying the imprinting law for over-the-counter medications in solid dosage form.
Referred to Committee on Health and Human Services.
HB 1424 by Representatives Heavey, G. Cole and Franklin (by request of Department of Labor and Industries)
Affecting insurance assessments notice.
Referred to Committee on Labor and Commerce.
SHB 1429 by House Committee on Agriculture and Rural Development (originally sponsored by Representatives Rayburn, Chandler, Orr and Lisk)
Exempting licensed domestic wineries from commission merchant requirements.
Referred to Committee on Agriculture.
HB 1466 by Representatives Jacobsen, Wang, Ludwig, G. Cole and Romero
Regulating motorized wheelchair warranties.
Referred to Committee on Labor and Commerce.
SHB 1480 by House Committee on Revenue (originally sponsored by Representatives G. Fisher, Foreman, Wang and Springer) (by request of Department of Revenue)
Subjecting certain travel trailers and campers to ad valorem taxation.
Referred to Committee on Labor and Commerce.
ESHB 1505 by House Committee on Commerce and Labor (originally sponsored by Representatives Heavey, Kremen, King, Lisk, G. Cole, Linville, Springer, Vance and R. Johnson)
Requiring verification of registration of contractors.
Referred to Committee on Labor and Commerce.
HB 1535 by Representatives Johanson, Padden, Horn, Wood, Cothern, Finkbeiner, R. Meyers, H. Myers, J. Kohl, Brown, Shin, Eide, Zellinsky, Thibaudeau, Leonard, Long, Rayburn, Basich and L. Johnson
Authorizing counties to charge a fee for juvenile court diversion services.
Referred to Committee on Law and Justice.
ESHB 1541 by House Committee on Health Care (originally sponsored by Representatives Orr, Flemming, King, Dellwo and Mielke)
Modifying emergency medical technician recertification.
Referred to Committee on Health and Human Services.
SHB 1547 by House Committee on Judiciary (originally sponsored by Representatives Chappell, Long and Appelwick) (by request of Secretary of State)
Changing provisions relating to nonprofit corporations.
Referred to Committee on Law and Justice.
SHB 1555 by House Committee on Local Government (originally sponsored by Representatives Springer, Riley, Edmondson, Zellinsky, Horn, Sheldon, Kremen, Bray, Ludwig and Quall)
Concerning the use of funds by a public corporation formed by a municipality.
Referred to Committee on Government Operations.
SHB 1567 by House Committee on Judiciary (originally sponsored by Representatives H. Myers, Johanson, Chappell, Riley, Ballasiotes, Ludwig, Appelwick, Tate, Jones, Quall and Wineberry)
Authorizing interpreters for jurors in judicial proceedings.
Referred to Committee on Law and Justice.
HB 1572 by Representatives Dorn, Brumsickle, Miller, Jones and Talcott
Changing funding allocations for high school students attending technical colleges.
Referred to Committee on Higher Education.
SHB 1587 by House Committee on Higher Education (originally sponsored by Representatives Ogden, Wood, J. Kohl, Jacobsen, Forner, Quall, Ludwig, Pruitt, Jones, Basich, King, Johanson, Thibaudeau, R. Meyers, Kessler, Bray, Dorn, Karahalios, Roland, Eide, Sheldon, Kremen, Finkbeiner, Veloria, Morris, Hansen, Leonard, Van Luven, H. Myers and L. Johnson)
Helping single parents obtain a higher education.
Referred to Committee on Higher Education.
SHB 1595 by House Committee on Appropriations (originally sponsored by Representatives Bray, Ballard, Peery, Ludwig, Locke, Finkbeiner and J. Kohl)
Concerning elected officials as members of the public employee retirement system.
Referred to Committee on Ways and Means.
EHB 1617 by Representatives R. Fisher, Chandler, Schmidt, Eide, Johanson, J. Kohl, Kremen, Cothern, Jacobsen, Brough, Pruitt, Thomas, R. Meyers, Miller, Shin, Karahalios, Locke, Finkbeiner, Ogden, Quall, Orr, Wineberry, Veloria, Wood, H. Myers, L. Johnson and Anderson
Planning high-speed ground transportation.
Referred to Committee on Transportation.
SHB 1631 by House Committee on Commerce and Labor (originally sponsored by Representatives Conway, Brumsickle, G. Cole, Horn, Wood, Appelwick and Thibaudeau)
Regulating going out of business sales.
Referred to Committee on Labor and Commerce.
HB 1643 by Representatives King, Veloria, Heavey, Reams and Jacobsen (by request of Department of Licensing)
Modifying licensure requirements for landscape architects.
Referred to Committee on Labor and Commerce.
EHB 1748 by Representatives Shin, Quall, Wood, Jacobsen, Veloria, Wineberry, Valle, Morris, Basich, Kessler, Orr, L. Johnson and J. Kohl
Changing financial aid provisions.
Referred to Committee on Higher Education.
SHB 1766 by House Committee on Commerce and Labor (originally sponsored by Representatives G. Cole, Heavey, Ogden, Zellinsky, R. Meyers, Wang, Conway and J. Kohl) (by request of Attorney General)
Concerning automotive repair.
Referred to Committee on Labor and Commerce.
HB 1777 by Representatives Karahalios, Cooke, Leonard, Edmondson, Eide, Wolfe, Jones, Jacobsen, Brough, Quall, Mastin, Roland and Lemmon
Attempting to ensure that teen parents receiving public benefits complete high school and gain economic independence.
Referred to Committee on Health and Human Services.
SHB 1784 by House Committee on Appropriations (originally sponsored by Representatives Locke, Sommers, Dellwo, Wang, Brough, Jacobsen, Karahalios, Peery, Talcott, Dorn, Cothern, Ogden, Holm, Pruitt, Jones, Romero, Campbell, Valle, Thibaudeau, King, Ballard, Basich, Quall, Veloria, Linville, Rayburn, Kessler, Orr, Carlson, Johanson, L. Johnson, Leonard, J. Kohl, Lemmon, H. Myers, Hansen, Patterson and Shin)
Allowing retired and disabled school employees to purchase health care insurance from the state health care authority.
Referred to Committee on Health and Human Services.
SHB 1787 by House Committee on Natural Resources and Parks (originally sponsored by Representatives Linville, R. Johnson, Pruitt, Kremen, Rust, Foreman, Quall, Morton, Grant, Johanson, Mastin, Eide and Fuhrman)
Eliminating certain provisions about water resource inventory and planning areas.
Referred to Committee on Energy and Utilities.
SHB 1839 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives R. Johnson, Mielke, R. Meyers, Jones and Wang) (by request of Insurance Commissioner)
Investing by domestic insurers.
Referred to Committee on Labor and Commerce.
HB 1865 by Representatives Mielke, Kremen, Zellinsky, Dorn, R. Meyers, Schmidt, Tate and Dellwo
Preventing check cashers and sellers from operating without a license.
Referred to Committee on Labor and Commerce.
SHB 1907 by House Committee on Transportation (originally sponsored by Representatives Wineberry, Jones and Lemmon)
Penalizing carriers that exceed estimates for moving household goods.
Referred to Committee on Transportation.
HB 1930 by Representatives Schmidt and Zellinsky
Restricting consideration of old traffic tickets.
Referred to Committee on Law and Justice.
ESHB 1966 by House Committee on Human Services (originally sponsored by Representatives Wineberry, Leonard, Appelwick, Foreman, Riley, Cooke, H. Myers, Lemmon, Basich, Kessler, Holm, J. Kohl and Anderson)
Implementing juvenile justice racial disproportionality study recommendations.
Referred to Committee on Law and Justice.
SHB 2003 by House Committee on Human Services (originally sponsored by Representative Morris)
Affecting juvenile offenders.
Referred to Committee on Law and Justice.
HB 2028 by Representatives Orr and Wolfe
Requiring notice to retirement system members who are eligible to restore contributions.
Referred to Committee on Ways and Means.
HB 2048 by Representatives Jacobsen, Quall, Brumsickle, Finkbeiner and Miller
Allowing donations subject to conditions to be deposited in the American Indian scholarship endowment fund.
Referred to Committee on Higher Education.
SHCR 4408 by House Committee on Higher Education (originally sponsored by Representatives Jacobsen, Brumsickle, Quall, Shin, Flemming, Carlson, Rayburn, Kessler, J. Kohl, Bray, Ogden, Wood, Horn and L. Johnson)
Commending the Higher Education Coordinating Board and approving goals of the update of its master plan for higher education.
Referred to Committee on Higher Education.
MOTION TO LIMIT DEBATE
Senator Jesernig: "Mr. President, I move that the members of the Senate be allowed to speak only once and be limited to three minutes on each motion or amendment, except that the mover of the motion shall be allowed to open and close debate, and also that members be prohibited from yielding their time. This motion shall be in effect through March 17, 1993."
The President declared the question before the Senate to be the motion by Senator Jesernig to limit debate.
The motion by Senator Jesernig carried and debate was limited to three minutes through March 17, 1993.
SECOND READING
SENATE BILL NO. 5520, by Senators Wojahn, Moyer, Hargrove and Prentice (by request of Department of Health)
Modifying controlled substances definitions, standards, and schedules.
MOTIONS
On motion of Senator Talmadge, Substitute Senate Bill No. 5520 was substituted for Senate Bill No. 5520 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. 5520 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. 5520.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5520 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, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.
Excused: Senators Owen, Prince and von Reichbauer - 3.
SUBSTITUTE SENATE BILL NO. 5520, 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. 5889, by Senators Bauer, Prince, Loveland, Jesernig, Drew, Sheldon, Snyder and Spanel
Awarding grants for pilot regional collaborative professional development school projects.
MOTIONS
On motion of Senator Bauer, Substitute Senate Bill No. 5889 was substituted for Senate Bill No. 5889 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Bauer, the rules were suspended, Substitute Senate Bill No. 5889 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. 5889.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5889 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, 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, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.
Voting nay: Senator Anderson - 1.
Excused: Senators Owen, Prince and von Reichbauer - 3.
SUBSTITUTE SENATE BILL NO. 5889, 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 Spanel, Senator Vognild was excused.
SECOND READING
SENATE BILL NO. 5363, by Senators Newhouse, Sutherland, Snyder, Anderson, Loveland, Hochstatter and Barr
Modifying water rights claims provision.
The bill was read the second time.
MOTION
On motion of Senator Sutherland, the rules were suspended, Senate Bill No. 5363 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Jesernig: "Senator Newhouse, but for the attorney dying, and they not being able to file the claim here, would there be any question whatsoever--if he, in fact, had not fallen off the roof--and had filed the claim, would there be any question whatsoever, on the validity of that claim?"
Senator Newhouse: "Senator Jesernig, I don't believe there is any question at all--that it just be a matter of formality. Remember, this is just the filing of a claim; it is not an adjudication."
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5363.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5363 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 14; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Pelz, Prince, Rasmussen, M., Roach, Sellar, Smith, L., Snyder, Sutherland, von Reichbauer, West and Winsley - 33.
Voting nay: Senators Franklin, Hargrove, Moore, Niemi, Prentice, Quigley, Rinehart, Sheldon, Skratek, Smith, A., Spanel, Talmadge, Williams and Wojahn - 14.
Excused: Senators Owen and Vognild - 2.
SENATE BILL NO. 5363, 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. 5418, by Senators M. Rasmussen, Anderson, Loveland, Barr, Roach, Prince, Oke, Haugen, Erwin, Owen, Newhouse and Amondson
Regulating alternative livestock.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 5418 was substituted for Senate Bill No. 5418 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5418 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. 5418.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5418 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 12; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Rasmussen, M., Roach, Sellar, Smith, A., Smith, L., Snyder, Spanel, Sutherland, von Reichbauer, West, Williams and Winsley - 35.
Voting nay: Senators Franklin, Fraser, Moore, Niemi, Pelz, Prentice, Quigley, Rinehart, Sheldon, Skratek, Talmadge and Wojahn - 12.
Excused: Senators Owen and Vognild - 2.
SUBSTITUTE SENATE BILL NO. 5418, 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. 5913, by Senator Sellar
Modifying annexation procedures for public hospital districts.
MOTIONS
On motion of Senator Drew, Substitute Senate Bill No. 5913 was substituted for Senate Bill No. 5913 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. 5913 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. 5913.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5913 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, Erwin, 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, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Owen and Vognild - 2.
SUBSTITUTE SENATE BILL NO. 5913, 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. 5704, by Senators Prentice, Moore and Amondson
Penalizing unlawful factoring of credit card transactions.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 5704 was substituted for Senate Bill No. 5704 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Adam Smith, the rules were suspended, Substitute Senate Bill No. 5704 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. 5704.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5704 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, Erwin, 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, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Owen and Vognild - 2.
SUBSTITUTE SENATE BILL NO. 5704, 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. 5725, by Senators Rinehart, McDonald and Moyer (by request of Department of Social and Health Services)
Requiring computerized collection of health insurance coverage provided by certain state entities.
The bill was read the second time.
MOTION
On motion of Senator Rinehart, the rules were suspended, Senate Bill No. 5725 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. 5725.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5725 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, 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 - 48.
Excused: Senator Owen - 1.
SENATE BILL NO. 5725, 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.
At 9:55 a.m., there being no objection, the President declared the Senate to be at ease.
The Senate was called to order at 10:08 a.m. by President Pritchard.
SECOND READING
SENATE BILL NO. 5217, by Senators Pelz, Jesernig, A. Smith, Prentice, Moore, Vognild, Winsley, Roach, Sutherland and Quigley
Requiring compliance with chapter 39.12 RCW of public works.
The bill was read the second time.
MOTION
Senator Pelz moved that the following Committee on Labor and Commerce amendment not be adopted:
On page 1, line 6 after "any" strike "work,"
Debate ensued.
Senator Amondson demanded a roll call and the demand was sustained.
MOTION
Senator Nelson moved that the Committee on Labor and Commerce amendment on page 1, line 6, be adopted.
Debate ensued.
POINT OF ORDER
Senator Anderson: "Mr. President, a point of order. We have two amendments on one page. Are we taking both of these amendments?"
REPLY BY THE PRESIDENT
President Pritchard: "We are taking just the top amendment."
Senator Anderson: "Are we taking one amendment? Are we on page 1, line 6, or both of them?"
President Pritchard: "Senator Nelson, it is your motion. Are you moving both amendments?"
Senator Nelson: "Mr. President, I believe in order that the members on the floor follow the debate that we should divide the question and address each amendment separately, so that there is no confusion."
President Pritchard: "The motion is to adopt the amendment on page 1, line 6."
The President declared the question before the Senate to be the roll call on the positive motion by Senator Nelson that the Committee on Labor and Commerce amendment on page 1, line 6, to Senate Bill No. 5217 be adopted.
ROLL CALL
The Secretary called the roll and the committee amendment on page 1, line 6, was not adopted by the following vote: Yeas, 18; Nays, 30; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L. and West - 18.
Voting nay: Senators Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 30.
Excused: Senator Owen - 1.
MOTIONS
On motion of Senator Pelz, the following Committee on Labor and Commerce amendment was adopted:
On page 1, beginning on line 8, after "lease," strike all material through "municipality" on line 10 and insert "or purchase at least fifty percent of the project by one or more state agencies or municipalities"
Senator Bluechel moved that the following amendment be adopted:
On page 1, line 10, after "39.12 RCW." insert "This section shall not apply to an institution of higher education as defined in RCW 28B.10.016.
"Sec. 2. RCW 39.12.020 and 1989 c 12 s 7 are each amended to read as follows:
The hourly wages to be paid to laborers, workers, or mechanics, upon all public works and under all public building service maintenance contracts of the state or any county, municipality or political subdivision created by its laws, shall be not less than the prevailing rate of wage for an hour's work in the same trade or occupation in the locality within the state where such labor is performed. For a contract in excess of ten thousand dollars, a contractor required to pay the prevailing rate of wage shall post in a location readily visible to workers at the job site: PROVIDED, That on road construction, sewer line, pipeline, transmission line, street, or alley improvement projects for which no field office is needed or established, a contractor may post the prevailing rate of wage statement at the contractor's local office, gravel crushing, concrete, or asphalt batch plant as long as the contractor provides a copy of the wage statement to any employee on request:
(1) A copy of a statement of intent to pay prevailing wages approved by the industrial statistician of the department of labor and industries under RCW 39.12.040; and
(2) The address and telephone number of the industrial statistician of the department of labor and industries where a complaint or inquiry concerning prevailing wages may be made.
This chapter shall not apply to workers or other persons regularly employed on monthly or per diem salary by the state, or any county, municipality, or political subdivision created by its laws. This chapter shall not apply to any institution of higher education as defined in RCW 28B.10.016."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
Senator Bluechel 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 amendment by Senator Bluechel on page 1, line 10, to Senate Bill No. 5217.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 17; Nays, 31; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Sellar, Smith, L. and West - 17.
Voting nay: Senators Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 31.
Excused: Senator Owen - 1.
MOTION
Senator McDonald moved that the following amendment be adopted:
On page 1, line 10, after "39.12 RCW." insert "This section shall not apply to the renovation or construction of common schools in the state.
"Sec. 2. RCW 39.12.020 and 1989 c 12 s 7 are each amended to read as follows:
The hourly wages to be paid to laborers, workers, or mechanics, upon all public works and under all public building service maintenance contracts of the state or any county, municipality or political subdivision created by its laws, shall be not less than the prevailing rate of wage for an hour's work in the same trade or occupation in the locality within the state where such labor is performed. For a contract in excess of ten thousand dollars, a contractor required to pay the prevailing rate of wage shall post in a location readily visible to workers at the job site: PROVIDED, That on road construction, sewer line, pipeline, transmission line, street, or alley improvement projects for which no field office is needed or established, a contractor may post the prevailing rate of wage statement at the contractor's local office, gravel crushing, concrete, or asphalt batch plant as long as the contractor provides a copy of the wage statement to any employee on request:
(1) A copy of a statement of intent to pay prevailing wages approved by the industrial statistician of the department of labor and industries under RCW 39.12.040; and
(2) The address and telephone number of the industrial statistician of the department of labor and industries where a complaint or inquiry concerning prevailing wages may be made.
This chapter shall not apply to workers or other persons regularly employed on monthly or per diem salary by the state, or any county, municipality, or political subdivision created by its laws. This chapter shall not apply to the renovation or construction of common schools in the state."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
POINT OF INQUIRY
Senator Nelson: "Senator Pelz, in order to clarify your statements regarding how prevailing wages are established for any county in this state, would you clarify who becomes the respondees to the questionnaires that are sent out by Labor and Industries to the individual firms that have a certain wage classification? Is it your opinion that only those firms within Okanogan County are now going to be used in determining the prevailing wages in Okanogan County?"
Senator Pelz: "Senator Nelson, it is possible that you are asking for a level of detail in this answer that I can't quite get you, but my understanding is that a survey is conducted of the wages paid in the largest city in each county for each type of work covered by the law. The survey results are then compiled and the prevailing wage is determined in each county based on the results."
Senator Amondson demanded a roll call and the demand was sustained.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator McDonald on page 1, line 10, to Senate Bill No. 5217.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 18; Nays, 30; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Rinehart, Sellar, Smith, L. and West - 18.
Voting nay: Senators Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 30.
Excused: Senator Owen - 1.
MOTION
Senator Deccio moved that the following amendment be adopted:
On page 1, line 10, after "39.12 RCW." insert "This section shall not apply to a county."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Deccio on page 1, line 10, to Senate Bill No. 5217.
The motion by Senator Deccio failed and the amendment was not adopted on a rising vote.
MOTION
Senator Newhouse moved that the following amendment be adopted:
On page 1, line 10, after "39.12 RCW." insert "This section shall not apply to a fire protection district."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Newhouse on page 1, line 10, to Senate Bill No. 5217.
The motion by Senator Newhouse failed and the amendment was not adopted.
MOTION
Senator Amondson moved that the following amendment by Senators Amondson and Hochstatter be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.82.015 and 1987 c 321 s 1 are each amended to read as follows:
State agencies shall not cause the major renovation of a facility owned by a private party or a facility of new construction to be built by a private party through a contract to rent, lease or purchase at least eighty percent of such facility for occupation by ((a)) state ((agency)) agencies unless the agreement requires the contractor or developer to comply with the prevailing wage provisions of chapter 39.12 RCW. This section shall not apply to any construction project for which a call for competitive bids was made before July 26, 1987."
Debate ensued.
Senator Anderson 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 striking amendment by Senators Amondson and Hochstatter to Senate Bill No. 5217.
ROLL CALL
The Secretary called the roll and the striking amendment was not adopted by the following vote: Yeas, 19; Nays, 29; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Hargrove, Haugen, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Sellar, Smith, L. and West - 19.
Voting nay: Senators Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Jesernig, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 29.
Excused: Senator Owen - 1.
MOTION
On motion of Senator Pelz, the rules were suspended, Engrossed Senate Bill No. 5217 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. 5217.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5217 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 31.
Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Sellar, Smith, L. and West - 17.
Excused: Senator Owen - 1.
ENGROSSED SENATE BILL NO. 5217, 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 11:28 a.m., on motion of Senator Jesernig, the Senate recessed until 1:00 p.m.
The Senate was called to order at 1:04 p.m. by President Pritchard.
SECOND READING
SENATE BILL NO. 5492, by Senators Spanel, Snyder, Nelson and M. Rasmussen (by request of Secretary of State)
Authorizing the secretary of state to set fees by rule.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 5492 was substituted for Senate Bill No. 5492 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Adam Smith, the rules were suspended, Substitute Senate Bill No. 5492 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. 5492.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5492 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 1; Absent, 5; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, 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, Williams, Winsley and Wojahn - 42.
Voting nay: Senator Hargrove - 1.
Absent: Senators Gaspard, Haugen, McDonald, Rinehart and West - 5.
Excused: Senator Owen - 1.
SUBSTITUTE SENATE BILL NO. 5492, 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 Spanel, Senators Gaspard, Haugen and Rinehart were excused.
SECOND READING
SENATE BILL NO. 5590, by Senators Moore, Newhouse, Talmadge, Spanel, West, Roach, Prentice, Prince, Vognild and Bauer
Providing service credit for periods of paid leave.
MOTIONS
On motion of Senator Vognild, Substitute Senate Bill No. 5590 was substituted for Senate Bill No. 5590 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Vognild, the rules were suspended, Substitute Senate Bill No. 5590 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. 5590.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5590 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, Erwin, Franklin, Fraser, 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, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.
Excused: Senators Gaspard, Haugen, Owen and Rinehart - 4.
SUBSTITUTE SENATE BILL NO. 5590, 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. 5909, by Senators Sheldon, Oke and Owen
Requiring a study of the economic diversification of Kitsap county.
MOTIONS
On motion of Senator Sheldon, Substitute Senate Bill No. 5909 was substituted for Senate Bill No. 5909 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Sheldon, the rules were suspended, Substitute Senate Bill No. 5909 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Erwin: "Senator Sheldon, I noticed that you mentioned Whidbey Island and the NES base up there. Why is this inclusive of only Kitsap County? Why is it only Kitsap County rather than including--"
Senator Sheldon: "Oh, Whidbey Island and that area is included in the bill. The appropriation is only for Kitsap County in the sense that our strategic plan is already in place and ready to be implemented. They are still putting theirs together."
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5909.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5909 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, 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 - 47.
Excused: Senators Owen and Rinehart - 2.
SUBSTITUTE SENATE BILL NO. 5909, 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. 5856, by Senators Vognild, Nelson and Skratek
Authorizing certain real property transactions.
The bill was read the second time.
MOTION
On motion of Senator Vognild, the rules were suspended, Senate Bill No. 5856 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. 5856.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5856 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, 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 - 47.
Excused: Senators Owen and Rinehart - 2.
SENATE BILL NO. 5856, 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. 5943, by Senators Loveland and M. Rasmussen
Changing the responsibilities of the pesticide incident reporting and tracking review panel.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 5943 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. 5943.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5943 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, 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.
Voting nay: Senator Fraser - 1.
Excused: Senators Owen and Rinehart - 2.
SENATE BILL NO. 5943, 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. 5274, by Senator Oke
Adding certain miniature models to boiler regulation exemptions.
MOTIONS
On motion of Senator Vognild, Substitute Senate Bill No. 5274 was substituted for Senate Bill No. 5274 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Vognild, the rules were suspended, Substitute Senate Bill No. 5274 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. 5274.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5274 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, 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 - 48.
Excused: Senator Owen - 1.
SUBSTITUTE SENATE BILL NO. 5274, 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. 5625, by Senators Prentice, Hargrove, Rinehart, A. Smith, Williams, Moyer, Drew, Prince, Erwin, Skratek and McAuliffe
Prohibiting the death penalty for the mentally retarded.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 5625 was substituted for Senate Bill No. 5625 and the substitute bill was placed on second reading and read the second time.
Senator Linda Smith moved that the following amendment by Senators Roach, Adam Smith, Hargrove, Hochstatter, Snyder, Erwin, Sellar and McDonald be adopted:
On page 4, after line 19, insert a new section as follows:
"Sec. 5. RCW 10.95.020 and 1981 c 138 s 2 are each amended to read as follows:
A person is guilty of aggravated first degree murder if he or she commits first degree murder as defined by RCW 9A.32.030(1)(a), as now or hereafter amended, and one or more of the following aggravating circumstances exist:
(1) The victim was a law enforcement officer, corrections officer, or fire fighter who was performing his or her official duties at the time of the act resulting in death and the victim was known or reasonably should have been known by the person to be such at the time of the killing;
(2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes;
(3) At the time of the act resulting in death, the person was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;
(4) The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;
(5) The person committed the murder to obtain membership in an organization or association;
(6) The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;
(((6))) (7) The victim was:
(a) A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding; prosecuting attorney; deputy prosecuting attorney; defense attorney; a member of the ((board of prison terms and paroles)) indeterminate sentence review board; or a probation or parole officer; and
(b) The murder was related to the exercise of official duties performed or to be performed by the victim;
(((7))) (8) The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime;
(((8))) (9) There was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the person;
(((9))) (10) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:
(a) Robbery in the first or second degree;
(b) Rape in the first or second degree;
(c) Burglary in the first or second degree;
(d) Kidnapping in the first degree; or
(e) Arson in the first degree;
(((10))) (11) The victim was regularly employed or self-employed as a newsreporter and the murder was committed to obstruct or hinder the investigative, research, or reporting activities of the victim."
POINT OF ORDER
Senator Niemi: "I rise to a point of order. Mr. President, I would like to challenge the amendment on the basis of its scope and object. To begin with the title of the bill is an act relating to imposing the death penalty upon the mentally retarded. It is very narrow. The bill has two or three sections that it relates to. The first section is 10.95.030 which defines mentally retarded in some detail. The second section is 10.95.070 which adds mental retardation specifically as to not getting the death penalty to mitigating circumstances. The amendment is to 10.95.020 which are aggravating circumstances. The amendment deals with an entirely different part of the death penalty statute."
Debate ensued.
There being no objection, the President deferred further consideration of Substitute Senate Bill No. 5625.
SECOND READING
SENATE BILL NO. 5802, by Senators Fraser, Barr and Drew
Regarding state environmental policy act documents.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 5802 was substituted for Senate Bill No. 5802 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5802 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. 5802.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5802 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, 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 - 48.
Excused: Senator Owen - 1.
SUBSTITUTE SENATE BILL NO. 5802, 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. 5239, by Senators Wojahn, Prentice, Moyer, Deccio, Talmadge, Hargrove, Winsley, West and Erwin
Centralizing poison information services.
MOTIONS
On motion of Senator Talmadge, Second Substitute Senate Bill No. 5239 was substituted for Senate Bill No. 5239 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Talmadge, the rules were suspended, Second Substitute Senate Bill No. 5239 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 Second Substitute Senate Bill No. 5239.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5239 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, 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 - 48.
Excused: Senator Owen - 1.
SECOND SUBSTITUTE SENATE BILL NO. 5239, 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. 5375, by Senators Bauer, Wojahn, Barr, Oke, Rinehart, von Reichbauer and Winsley (by request of Legislative Budget Committee)
Regulating personal service contracts.
The bill was read the second time.
MOTION
Senator Linda Smith moved that the following amendment be adopted:
On page 3, after line 10, strike all materials through and including "committee." on line 24 and insert the following:
"(2) An amendment or amendments to a personal service contract must be provided to the office of financial management and to the legislative budget committee if (a) the contract is for the services of an elected or appointed state official or (b) if the value of the amendment or amendments, whether singly or cumulatively, exceeds fifty percent of the value of the original contract."
Debate ensued.
Senator Linda Smith 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 amendment by Senator Linda Smith on page 3, after line 10, to Senate Bill No. 5375.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 21; Nays, 27; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., Sutherland, von Reichbauer, West and Winsley - 21.
Voting nay: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Talmadge, Vognild, Williams and Wojahn - 27.
Excused: Senator Owen - 1.
MOTION
Senator Linda Smith moved that the following amendment be adopted:
On page 4, after line 8, insert the following:
"NEW SECTION. Sec. 5. A new section is added to chapter 39.29 RCW to read as follows:
Personal service contracts for the services of a person who is an elected or appointed state official must be filed with the office of financial management and the legislative budget committee and made available for public inspection within three working days after the commencement of work or execution of the contract, whichever occurs first.
NEW SECTION. Sec. 6. A new section is added to chapter 39.29 RCW to read as follows:
An elected or appointed state official who enters into a contract for personal services with an agency shall file a copy of the contract with the public disclosure commission within three working days after commencement of the work or execution of the contract, whichever occurs first. A state official who has entered into a contract for personal services with an agency after January 1, 1990, shall file a copy of the contract with the public disclosure commission within thirty days of the effective date of this act.
For purposes of this section, "agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency."
Debate ensued.
Senator Linda Smith 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 amendment by Senator Linda Smith on page 4, after line 8, to Senate Bill No. 5375.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 21; Nays, 27; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., Sutherland, von Reichbauer, West and Winsley - 21.
Voting nay: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Talmadge, Vognild, Williams and Wojahn - 27.
Excused: Senator Owen - 1.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5375 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. 5375.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5375 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, 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 - 48.
Excused: Senator Owen - 1.
SENATE BILL NO. 5375, 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.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5625 and the pending amendment by Senators Roach, Adam Smith, Hargrove, Hochstatter, Snyder, Erwin, Sellar and McDonald on page 4, after line 19, deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Niemi, the President finds that Substitute Senate Bill No. 5625 is a measure which adds an additional element related to the capacity of a defendant to appreciate the wrongfulness of conduct and prohibits the imposition of a death sentence on a person who was mentally retarded at the time the crime was committed.
"The amendment by Senators Roach, Adam Smith, Hargrove, Hochstatter, Snyder, Erwin, Sellar and McDonald would change the definition of aggravated first degree murder by adding an additional aggravating circumstance.
"The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."
The amendment on page 4, after line 19, by Senators Roach, Adam Smith, Hargrove, Hochstatter, Snyder, Erwin, Sellar and McDonald to Substitute Senate Bill No. 5625 was ruled out of order.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Substitute Senate Bill No. 5625 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. 5625.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5625 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 6; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, McAuliffe, McDonald, Moore, Moyer, Nelson, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 41.
Voting nay: Senators Amondson, Jesernig, Loveland, McCaslin, von Reichbauer and West - 6.
Absent: Senator Newhouse - 1.
Excused: Senator Owen - 1.
SUBSTITUTE SENATE BILL NO. 5625, 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. 5836, by Senators Bauer, Prince, West, Drew, Jesernig, Sheldon, Snyder and Gaspard
Redefining the relationship between the state and its postsecondary institutions.
MOTIONS
On motion of Senator Bauer, Second Substitute Senate Bill No. 5836 was substituted for Senate Bill No. 5836 and the second substitute bill was placed on second reading and read the second time.
Senator Anderson moved that the following amendment be adopted:
On page 6, after line 21, insert the following:
"NEW SECTION. Sec. 7. The higher education options program is created to meet the implementation criteria in section 1 of this act. The intent aims to further (1) increasing flexibility, (2) efficiency, and (3) the quality of the state system of higher education. The higher education options program will serve as a practical implementation of the goals set forth in section 4 of this act by providing the higher education coordinating board with the information necessary to prepare its report on improving flexibility, quality, and access.
NEW SECTION. Sec. 8. A new section is added to chapter 28B.10 RCW to read as follows:
(1) The higher education options program establishes that all institutions of higher education located in any county in the state that contains a regional university, a community college, and a technical college may determine the enrollment levels at their respective institutions and purchase services or the delivery of services through contracts with individuals or business entities in the most efficient and cost-effective manner. For institutions eligible for the higher education options program, the director of general administration, through the state purchasing and material control director established in RCW 43.19.180, shall be provided the highest level of flexibility in the purchase of all materials, supplies, services, and equipment necessary for the efficient support, maintenance, repair, and use of all agencies and departments under RCW 43.19.190.
(2) Institutions of higher education located in counties described in subsection (1) of this section shall not be subject to any enrollment limitations or student quality standards or current purchasing, personnel, and contracting limitations.
Sec. 9. RCW 28B.15.515 and 1991 c 353 s 1 are each amended to read as follows:
(1) The boards of trustees of the community college districts may operate summer schools on either a self-supporting or a state-funded basis.
If summer school is operated on a self-supporting basis, the fees charged shall be retained by the colleges, and shall be sufficient to cover the direct costs, which are instructional salaries and related benefits, supplies, publications, and records.
Community colleges that have self-supporting summer schools shall continue to receive general fund state support for vocational programs that require that students enroll in a four quarter sequence of courses that includes summer quarter due to clinical or laboratory requirements and for ungraded courses limited to adult basic education, vocational apprenticeship, aging and retirement, small business management, industrial first aid, and parent education.
(2)(a) The board of trustees of a community college district may permit the district's state-funded, full-time equivalent enrollment level, as provided in the operating budget appropriations act, to vary by plus or minus two percent each fiscal year unless otherwise authorized in the operating budget appropriations act. If the variance is above the state-funded level, the district may charge those students above the state-funded level a fee equivalent to the amount of tuition and fees that are charged students enrolled in state-funded courses. These fees shall be retained by the colleges.
(b) Any community college that in 1990-91 has an enrollment above the state-funded level but below the authorized variance may increase its excess enrollments to within the variance.
(c) Community colleges that currently have excess enrollments more than the authorized variance, by means of enrollments that would have otherwise been eligible for state funding, shall reduce those excess enrollments to within the authorized variance by September 1, 1995, in at least equal annual reductions, commencing with the 1991-92 fiscal year.
(d) Except as permitted by (c) of this subsection, should the number of student-supported, full-time equivalent enrollments in any fiscal year fall outside the authorized variance, the college shall return by September 1st to the state general fund, an amount equal to the college's full average state appropriations per full-time equivalent student for such student-funded full-time equivalent outside the variance, unless otherwise provided in the operating budget appropriations act.
(3) The state board for community and technical colleges ((education)) shall ensure compliance with this section.
(4) This section shall not apply to a community or technical college participating in the higher education options program established in sections 7 and 8 of this act.
NEW SECTION. Sec. 10. A new section is added to chapter 28B.35 RCW to read as follows:
Regional universities in any county in the state that also contains a community college and a technical college may exceed enrollment limitations and may retain tuition locally to achieve the policy attributes in section 1(2) and (3), chapter . . ., Laws of 1993 (section 1(2) and (3) of this act) as part of the higher education options program created in sections 7 and 8 of this act.
Sec. 11. RCW 28B.16.040 and 1990 c 60 s 201 are each amended to read as follows:
The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:
(1) Members of the governing board of each institution and related boards, all presidents, vice presidents and their confidential secretaries, administrative and personal assistants; deans, directors, and chairmen; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington.
(2) Student, part time, or temporary employees, and part time professional consultants, as defined by the higher education personnel board, employed by institutions of higher education and related boards.
(3) The director, his or her confidential secretary, assistant directors, and professional education employees of the state board for community and technical colleges ((education)).
(4) The personnel director of the higher education personnel board and his or her confidential secretary.
(5) The governing board of each institution, and related boards, may also exempt from this chapter, subject to the employees right of appeal to the higher education personnel board, classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training, and principal assistants to executive heads of major administrative or academic divisions, as determined by the higher education personnel board((: PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the higher education personnel board under this provision)).
Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.
Sec. 12. RCW 28B.16.240 and 1979 ex.s. c 46 s 1 are each amended to read as follows:
((Nothing contained in this chapter shall prohibit any)) An institution of higher education, as defined in RCW 28B.10.016, ((or)) related board ((from purchasing services by contract with individuals or business entities if such services were regularly purchased by valid contract at such institution prior to April 23, 1979: PROVIDED, That no such contract may be executed or renewed if it would have the effect of terminating classified employees or classified employee positions existing at the time of the execution or renewal of the contract)), and all institutions of higher education participating in the higher education options program, as established in sections 7 and 8 of this act, may purchase services or the delivery of services through contracts with individuals or business entities. The execution or renewal of the contract must be in compliance with the provisions of RCW 43.19.1906.
NEW SECTION. Sec. 13. Sections 7 through 12 of this act shall expire June 30, 1997."
Renumber the remaining section consecutively.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Anderson on page 6, after line 21, to Second Substitute Senate Bill No. 5836.
The motion by Senator Anderson failed and the amendment was not adopted.
MOTION
On motion of Senator Bauer, the rules were suspended, Second Substitute Senate Bill No. 5836 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 Second Substitute Senate Bill No. 5836.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5836 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, 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., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Voting nay: Senator Anderson - 1.
Excused: Senator Owen - 1.
SECOND SUBSTITUTE SENATE BILL NO. 5836, 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. 5781, by Senators Jesernig, Bauer, Moyer, Pelz, Bluechel, Spanel, Hargrove, Drew, von Reichbauer, Snyder, Sheldon, Loveland, McDonald, Erwin, M. Rasmussen, Barr, Prentice, Sutherland, McAuliffe, West, Oke, Amondson, Haugen, Franklin, Sellar, Hochstatter, Fraser, Deccio, A. Smith and Winsley
Improving access to public institutions of higher education.
MOTIONS
On motion of Senator Bauer, Second Substitute Senate Bill No. 5781 was substituted for Senate Bill No. 5781 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Bauer, the rules were suspended, Second Substitute Senate Bill No. 5781 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 Second Substitute Senate Bill No. 5781.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5781 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; 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, Oke, Pelz, Prentice, Prince, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams and Winsley - 43.
Voting nay: Senators Niemi, Quigley, Skratek, Vognild and Wojahn - 5.
Excused: Senator Owen - 1.
SECOND SUBSTITUTE SENATE BILL NO. 5781, 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. 5304, by Senators Talmadge, Gaspard, Moore, Deccio, Wojahn, Moyer, Snyder, Winsley, Fraser, Haugen, McAuliffe, Drew, Sheldon, Skratek and Pelz
Reforming health care cost control and access.
MOTION
On motion of Senator Talmadge, Second Substitute Senate Bill No. 5304 was substituted for Senate Bill No. 5304 and the second substitute bill was placed on second reading and read the second time.
MOTION
On motion of Senator Jesernig, further consideration of Second Substitute Senate Bill No. 5304 was deferred.
MOTION
At 2:46 p.m., on motion of Senator Jesernig, the Senate was declared to be at ease.
The Senate was called to order at 6:42 p.m. by President Pritchard.
MOTION
On motion of Senator Gaspard, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
March 11, 1993
MR. PRESIDENT:
The Speaker has signed ENGROSSED HOUSE BILL NO. 1303, and the same is herewith transmitted.
ALAN THOMPSON, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED HOUSE BILL NO. 1303.
MOTION
On motion of Senator Gaspard, the Senate advanced to the sixth order of business.
MOTIONS
On motion of Senator Oke, Senators McCaslin and Winsley were excused.
On motion of Senator Spanel, Senators Jesernig, Rinehart and Vognild were excused.
SECOND READING
SENATE BILL NO. 5757, by Senators Snyder, Owen and Hargrove
Controlling burrowing shrimp.
The bill was read the second time.
MOTION
On motion of Senator Snyder, the rules were suspended, Senate Bill No. 5757 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. 5757.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5757 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, 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 and Wojahn - 43.
Excused: Senators Jesernig, McCaslin, Owen, Rinehart, Vognild and Winsley - 6.
SENATE BILL NO. 5757, 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. 5237, by Senators M. Rasmussen, A. Smith, Nelson, Winsley, Haugen, von Reichbauer, Oke, Roach and Spanel (by request of Attorney General and Secretary of State)
Regulating charitable solicitations.
MOTIONS
On motion of Senator Adam Smith, Second Substitute Senate Bill No. 5237 was substituted for Senate Bill No. 5237 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Adam Smith, the rules were suspended, Second Substitute Senate Bill No. 5237 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 Second Substitute Senate Bill No. 5237.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5237 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, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, 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 - 45.
Excused: Senators Jesernig, McCaslin, Owen and Rinehart - 4.
SECOND SUBSTITUTE SENATE BILL NO. 5237, 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. 5878, by Senator Bauer
Eliminating mandatory posttenure review for community college faculty.
MOTIONS
On motion of Senator Bauer, Substitute Senate Bill No. 5878 was substituted for Senate Bill No. 5878 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Bauer, the rules were suspended, Substitute Senate Bill No. 5878 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. 5878.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5878 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, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, 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 - 45.
Excused: Senators Jesernig, McCaslin, Owen and Rinehart - 4.
SUBSTITUTE SENATE BILL NO. 5878, 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. 5131, by Senators Wojahn, Gaspard, Moyer, Prentice, A. Smith, Spanel, Deccio, Haugen, Quigley, Pelz and Talmadge
Authorizing destruction of confiscated firearms.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 5131 was substituted for Senate Bill No. 5131 and the substitute bill was placed on second reading and read the second time.
Senator Nelson moved that the following amendment be adopted:
On page 4, line 3, strike subsection (5) through and including "agency" on line 5
Debate ensued.
Senator Newhouse 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 amendment by Senator Nelson on page 4, line 3, to Substitute Senate Bill No. 5131.
ROLL CALL
The Secretary called the roll and the amendment was adopted by the following vote: Yeas, 37; Nays, 8; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Quigley, Rasmussen, M., Roach, Sellar, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 37.
Voting nay: Senators Bluechel, Fraser, Moore, Niemi, Pelz, Prentice, Sheldon and Talmadge - 8.
Excused: Senators Jesernig, McCaslin, Owen and Rinehart - 4.
MOTIONS
Senator Adam Smith moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.41.098 and 1989 c 222 s 8 are each amended to read as follows:
(1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:
(a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;
(b) Commercially sold to any person without an application as required by RCW 9.41.090;
(c) Found in the possession or under the control of a person at the time the person committed or was arrested for committing a crime of violence or a crime in which a firearm was used or displayed or a felony violation of the uniform controlled substances act, chapter 69.50 RCW;
(d) Found concealed on a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, having 0.10 grams or more of alcohol per two hundred ten liters of breath or 0.10 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's breath, blood, or other bodily substance;
(e) Found in the possession of a person prohibited from possessing the firearm under RCW 9.41.040;
(f) Found in the possession of a person free on bail or personal recognizance pending trial, appeal, or sentencing for a crime of violence or a crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not result in forfeiture under this section;
(g) Found in the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW;
(h) Known to have been used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or
(i) Known to have been used in the commission of a crime of violence or a crime in which a firearm was used or displayed or a felony violation of the uniformed controlled substances act, chapter 69.50 RCW.
(2) Upon order of forfeiture, the court in its discretion shall order destruction of any firearm that is illegal for any person to possess. ((All firearms legal for citizen possession that are judicially forfeited or forfeited due to failure to make a claim under RCW 63.32.010, 63.40.010, or 63.35.020 shall be submitted for auction to commercial sellers once a year if the submitting agency has accumulated at least ten firearms authorized for sale. Law enforcement agencies may conduct joint auctions for the purpose of maximizing efficiency. A maximum of ten percent of such firearms may be retained for use by local law enforcement agencies and the Washington state patrol. Before submission for auction, a court may temporarily retain forfeited firearms if needed for evidence. The proceeds from any sale shall be divided as follows: The local jurisdiction and the Washington state patrol shall retain its costs, including actual costs of storage and sale, and shall forward the remainder to the state department of wildlife for use in its firearms training program pursuant to RCW 77.32.155.
If a firearm is delivered to a law enforcement agency and the agency no longer requires use of the firearm, the agency shall dispose of the firearm by auction as provided by this subsection. The public auctioning agency shall, as a minimum, maintain a record of all forfeited firearms by manufacturer, model, caliber, serial number, date and circumstances of forfeiture, and final disposition. The records shall be open to public inspection and copying.)) A court may temporarily retain forfeited firearms needed for evidence.
(a) Except as provided in (b) and (c) of this subsection, firearms that are judicially forfeited or forfeited due to a failure to make a claim under RCW 63.32.010, 63.35.020, or 63.40.010, or that are no longer needed for evidence, may be disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by the legislative authority. This subsection (2)(a) applies only to firearms that come into the possession of the law enforcement agency after June 30, 1993.
By midnight, June 30, 1993, every law enforcement agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010, 63.35.020, or 63.40.010, or that is no longer needed for evidence.
(b) Except as provided in (c) of this subsection, for every firearm in the inventory required under (a) of this subsection, a law enforcement agency shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency use, and shall either:
(i) Comply with the provisions for the auction of firearms in RCW 9.41.098 that were in effect immediately preceding the effective date of this act; or
(ii) Trade, auction, or arrange for the auction of, rifles and shotguns. In addition, the law enforcement agency shall either trade, auction, or arrange for the auction of, short firearms, or shall pay a fee of twenty-five dollars to the state treasurer for every short firearm neither auctioned nor traded, to a maximum of fifty thousand dollars. The fees shall be accompanied by an inventory, under oath, of every short firearm listed in the inventory required by (a) of this subsection, that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 77.12.720. All trades or auctions of firearms under this subsection shall be to commercial sellers. Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW 77.12.720.
(c) Antique firearms as defined by RCW 9.41.150 and firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department bureau of alcohol, tobacco, and firearms are exempt from destruction and shall be disposed of by auction or trade to commercial sellers.
(3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture.
(4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this section."
On motion of Senator Adam Smith, the following amendments to the striking amendment were considered simultaneously and were adopted:
On page 2, line 38 of the amendment, after "in (b)" strike "and (c)" and insert ", (c), and (d)"
On page 3, line 13 of the amendment, after "(b)" insert "Firearms in the possession of the Washington state patrol on or after the effective date of this act that are judicially forfeited or forfeited due to a failure to make a claim under RCW 63.32.010, 63.35.020, or 63.40.010, and that are no longer needed for evidence, must be disposed of as follows: (i) Firearms illegal for a person to possess must be destroyed; (ii) a maximum of ten percent of legal firearms may be retained for agency use; and (iii) all other legal firearms must be auctioned or traded to commercial sellers. The Washington state patrol may retain proceeds of an auction or trade.
(c)"
Reletter the remaining subsections consecutively and correct any internal references accordingly.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Adam Smith, as amended, to Substitute Senate Bill No. 5131.
The motion by Senator Adam Smith carried and the striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Adam Smith, the following title amendment was adopted:
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "forfeiture of firearms; and amending RCW 9.41.098."
On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 5131 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5131.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5131 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, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, 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 - 45.
Excused: Senators Jesernig, McCaslin, Owen and Rinehart - 4.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5131, 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. 5129, by Senators Bauer, Sheldon, Barr, Haugen, Owen, Moyer, Gaspard, Sellar, Rinehart, Sutherland and McAuliffe
Granting additional powers to boards of directors of educational service districts.
MOTIONS
On motion of Senator Bauer, Substitute Senate Bill No. 5129 was substituted for Senate Bill No. 5129 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Bauer, the rules were suspended, Substitute Senate Bill No. 5129 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. 5129.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5129 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, 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 - 43.
Voting nay: Senators Anderson and Erwin - 2.
Excused: Senators Jesernig, McCaslin, Owen and Rinehart - 4.
SUBSTITUTE SENATE BILL NO. 5129, 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. 5615, by Senators M. Rasmussen and Oke (by request of Superintendent of Public Instruction)
Moving the teachers recruiting future teachers program from the office of the superintendent of public instruction to the professional development centers in educational service districts.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 5615 was substituted for Senate Bill No. 5615 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Cantu, the following amendment by Senators Cantu and Rasmussen was adopted:
On page 2, line 2, after "populations" insert "; and
(c) Place emphasis on the recruitment of future teachers who will teach mathematics, science and technology"
MOTION
On motion of Senator Rasmussen, the rules were suspended, Engrossed Substitute Senate Bill No. 5615 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Barr: "Senator Rasmussen, how would you describe what diversity means in this bill--on page 2, line 2?"
Senator Rasmussen: "Well, I would explain that diversity is meaning everything that encompasses the learning experiences for our children in our public schools and that means basic education and also including the amendment that we adopted just a few minutes ago."
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5615.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5615 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, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, 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 - 45.
Excused: Senators Jesernig, McCaslin, Owen and Rinehart - 4.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5615, 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. 5883, by Senators Bauer, Erwin, M. Rasmussen and Roach (by request of Superintendent of Public Instruction)
Changing funding procedures for high school students enrolled in the running start program in community or technical colleges.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the rules were suspended, Senate Bill No. 5883 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. 5883.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5883 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.
Voting nay: Senators Barr and Prince - 2.
Excused: Senators Jesernig, McCaslin, Owen and Rinehart - 4.
SENATE BILL NO. 5883, 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. 5351, by Senators Newhouse, Spanel, Moore, Bauer, Winsley, von Reichbauer and Roach (by request of Joint Committee on Pension Policy)
Regarding death benefits for disabled teacher retirees under plan I.
The bill was read the second time.
MOTIONS
On motion of Senator Spanel, the following Committee on Ways and Means amendment was adopted:
On page 3, line 10, strike "1993" and insert "1992"
On motion of Senator Spanel, the rules were suspended, Engrossed Senate Bill No. 5351 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. 5351.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5351 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, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, 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 - 45.
Excused: Senators Jesernig, McCaslin, Owen and Rinehart - 4.
ENGROSSED SENATE BILL NO. 5351, 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. 5278, by Senators Hargrove and Owen
Exempting from the shoreline management act certain projects that have been granted hydraulic permits.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 5278 was substituted for Senate Bill No. 5278 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5278 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. 5278.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5278 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, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, 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 - 45.
Excused: Senators Jesernig, McCaslin, Owen and Rinehart - 4.
SUBSTITUTE SENATE BILL NO. 5278, 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. 5686, by Senators Williams and Pelz
Limiting the penalty charge for late payment of a credit card balance.
MOTIONS
On motion of Senator Williams, Substitute Senate Bill No. 5686 was substituted for Senate Bill No. 5686 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Williams, the rules were suspended, Substitute Senate Bill No. 5686 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. 5686.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5686 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 42.
Voting nay: Senators Amondson, Barr and Sellar - 3.
Excused: Senators Jesernig, McCaslin, Owen and Rinehart - 4.
SUBSTITUTE SENATE BILL NO. 5686, 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. 5751, by Senators Haugen and Spanel
Authorizing rural partial-county library districts.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5751 was substituted for Senate Bill No. 5751 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5751 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. 5751.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5751 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 44.
Absent: Senator Smith, L. - 1.
Excused: Senators Jesernig, McCaslin, Owen and Rinehart - 4.
SUBSTITUTE SENATE BILL NO. 5751, 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. 5380, by Senators Prentice, West, Pelz, Winsley, A. Smith, L. Smith, Snyder, Roach, Owen, Talmadge, Skratek, Niemi, Haugen, Spanel, Drew, Moyer, Jesernig, Sutherland, Rinehart, Williams, Vognild, Sheldon, Loveland, Hargrove, M. Rasmussen, Bauer, Gaspard, Wojahn, Sellar, Quigley and McAuliffe
Concerning collective bargaining for members of the Washington state patrol.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5380 was substituted for Senate Bill No. 5380 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5380 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. 5380.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5380 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 11; Absent, 1; Excused, 4.
Voting yea: Senators Amondson, Anderson, Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, McAuliffe, Moore, Moyer, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 33.
Voting nay: Senators Barr, Bluechel, Cantu, Deccio, Hochstatter, Loveland, McDonald, Nelson, Newhouse, Oke and Prince - 11.
Absent: Senator Smith, L. - 1.
Excused: Senators Jesernig, McCaslin, Owen and Rinehart - 4.
SUBSTITUTE SENATE BILL NO. 5380, 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 7:01 p.m., on motion of Senator Sheldon, the Senate adjourned until 10:00 a.m., Friday, March 12, 1993.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate