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THIRTY-THIRD DAY


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MORNING SESSION


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Senate Chamber, Olympia, Friday, February 9, 1996

      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 McDonald and Smith. On motion of Senator Thibaudeau, Senator Smith was excused. On motion of Senator Anderson, Senator McDonald was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Trey Shafor and Matt Turner, presented the Colors. Reverend Phil Norris, pastor of the Lacey Community Church, offered the prayer.


MOTION


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


MESSAGES FROM THE HOUSE

February 7, 1996

MR. PRESIDENT:

      The House has passed:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2289,

      SUBSTITUTE HOUSE BILL NO. 2310,

      SUBSTITUTE HOUSE BILL NO. 2311,

      SUBSTITUTE HOUSE BILL NO. 2318,

      SUBSTITUTE HOUSE BILL NO. 2320,

      HOUSE BILL NO. 2337,

      SUBSTITUTE HOUSE BILL NO. 2372,

      ENGROSSED HOUSE BILL NO. 2396,

      HOUSE BILL NO. 2398,

      SUBSTITUTE HOUSE BILL NO. 2416,

      SUBSTITUTE HOUSE BILL NO. 2420,

      SUBSTITUTE HOUSE BILL NO. 2543,

      SUBSTITUTE HOUSE BILL NO. 2634,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2637, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 7, 1996

MR. PRESIDENT:

      The House has passed:

      HOUSE BILL NO. 1339,

      SECOND SUBSTITUTE HOUSE BILL NO. 2181,

      SUBSTITUTE HOUSE BILL NO. 2199,

      SECOND SUBSTITUTE HOUSE BILL NO. 2200,

      HOUSE BILL NO. 2206,

      SUBSTITUTE HOUSE BILL NO. 2236,

      HOUSE BILL NO. 2259,

      SUBSTITUTE HOUSE BILL NO. 2266, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

HB 1339            by Representatives Ballasiotes, Morris, Costa, Carlson and Conway

 

Revising provisions relating to juvenile probation and detention services.

 

Referred to Committee on Law and Justice.

 

2SHB 2181        by House Committee on Appropriations (originally sponsored by Representatives Dyer, Horn, L. Thomas, Carlson and Benton)

 

Enhancing long-term care services.

 

Referred to Committee on Health and Long-Term Care.

 

SHB 2199          by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Mastin, Schoesler, Sheldon, Hymes, Honeyford, Delvin, Robertson, Campbell, Johnson, Boldt, Linville, Goldsmith and McMahan)

 

Granting water rights to certain persons who were water users before January 1, 1993.

 

Referred to Committee on Ecology and Parks.

 

2SHB 2200        by House Committee on Appropriations (originally sponsored by Representatives Chandler, Mastin, Lisk, Mulliken, Honeyford, Robertson, Basich, Horn and Goldsmith)

 

Authorizing local watershed planning and modifying water resource management.

 

Referred to Committee on Ecology and Parks.

 

HB 2206            by Representatives L. Thomas, Chopp, Dickerson, D. Schmidt and Johnson

 

Recording instruments via electronic transmission.

 

Referred to Committee on Government Operations.

 

SHB 2236          by House Committee on Appropriations (originally sponsored by Representatives Johnson, Wolfe and Romero) (by request of Administrator for the Courts)

 

Providing two superior court positions for Thurston county.

 

Referred to Committee on Law and Justice.

 

HB 2259            by Representatives McMahan, Sheahan, Dellwo and Costa (by request of Administrator for the Courts)

 

Revising the procedure for impanelling juries.

 

Referred to Committee on Law and Justice.

 

SHB 2266          by House Committee on Law and Justice (originally sponsored by Representatives McMahan, Sheahan, Carrell, Hargrove, Stevens, Sterk, Goldsmith, McMorris, Thompson, Buck, Robertson, Backlund, Honeyford, Mastin, D. Sommers, Romero, Wolfe, Mulliken and Johnson)

 

Protecting persons with a history of timely child support payments from mandatory wage assignment orders.

 

Referred to Committee on Law and Justice.

 

ESHB 2289        by House Committee on Government Operations (originally sponsored by Representatives Foreman, Crouse, Backlund, Goldsmith, L. Thomas, Elliot, Mulliken, McMahan, Johnson, Thompson, Hargrove, Carrell, Lisk and Boldt)

 

Prohibiting lobbying activities by representatives of taxpayer-supported agencies or units of government.

 

Referred to Committee on Government Operations.

 

SHB 2310          by House Committee on Education (originally sponsored by Representatives Brumsickle, Radcliff and Mitchell)

 

Changing the date for notification of nonrenewal of a contract for a certificated employee.

 

Referred to Committee on Education.

 

SHB 2311          by House Committee on Education (originally sponsored by Representatives Brumsickle and Regala)

 

Providing for the elimination of six-year terms of office for school board directors.

 

Referred to Committee on Education.

 

SHB 2318          by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Hatfield, Conway, Hymes, McMahan, Dickerson, Murray, Thompson, Quall, Costa and Chopp)

 

Extending the period of community placement after confinement for sex offenders.

 

Referred to Committee on Human Services and Corrections.

 

SHB 2320          by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Blanton, Radcliff, Backlund, Robertson, Hatfield, Mulliken, Sheldon, Hymes, Kessler, Carlson, Johnson, Thompson, Costa and Boldt)

 

Making certain sex offenders subject to life imprisonment without parole after two offenses.

 

Referred to Committee on Law and Justice.

 

HB 2337            by Representatives Schoesler, Sheldon, Foreman, Grant, Sheahan, Mastin, Honeyford, Basich, Johnson and Mulliken

 

Defining distressed county designation.

 

Referred to Committee on Labor, Commerce and Trade.

 

SHB 2372          by House Committee on Government Operations (originally sponsored by Representatives Morris, Pennington, Chappell, Reams, Grant, Mastin, Smith, Campbell and Mulliken)

 

Permitting development of inherited property.

 

Referred to Committee on Government Operations.

 

EHB 2396          by Representatives Fuhrman, Basich and Mastin (by request of Department of Fish and Wildlife)

 

Clarifying wildlife violations relating to game birds, game animals, and game fish.

 

Referred to Committee on Natural Resources.

 

HB 2398            by Representatives Sterk, Ogden, Boldt, Brown and Dellwo

 

Allowing appointment of a medical examiner in more populous counties.

 

Referred to Committee on Government Operations.

 

SHB 2416          by House Committee on Government Operations (originally sponsored by Representatives Horn and Boldt)

 

Revising procedures for growth management hearings boards.

 

Referred to Committee on Government Operations.

 

SHB 2420          by House Committee on Law and Justice (originally sponsored by Representatives McMorris, Sheahan, Thompson, Koster, Buck, Mastin, McMahan, Grant, Schoesler, Crouse, Chandler, Dyer, Smith, Campbell, Goldsmith, Radcliff, Boldt, Mulliken, Beeksma, Robertson, Morris, Fuhrman, L. Thomas, Sterk, D. Schmidt, Johnson, Chappell, Carrell, Hatfield, Sheldon, Sherstad, Stevens, Honeyford, Elliot, Huff, Van Luven, B. Thomas, Pennington, Kessler and Benton)

 

Revising standards for qualification to possess firearms.

 

Referred to Committee on Law and Justice.

 

SHB 2543          by House Committee on Commerce and Labor (originally sponsored by Representatives Cairnes, Sheldon, Cody, Thompson, Romero, Conway, Fuhrman, Radcliff, Chappell, Crouse, Mastin, Schoesler, Huff, Hymes, Wolfe, D. Schmidt, Morris, Grant, Kessler, Brown, Quall, Benton, Costa and Patterson)

 

Changing taxation of punch boards and pull-tabs.

 

Referred to Committee on Labor, Commerce and Trade.

 

SHB 2634          by House Committee on Commerce and Labor (originally sponsored by Representatives Scott, Mason, Linville, Schoesler, Sheldon, Jacobsen and Veloria)

 

Authorizing the sale of malt liquor in untapped kegs by class H licensees.

 

Referred to Committee on Labor, Commerce and Trade.

 

ESHB 2637        by House Committee on Higher Education (originally sponsored by Representatives D. Sommers, Sheahan, Jacobsen, Dellwo, Schoesler, Carlson and Grant) (by request of Joint Center for Higher Education)

 

Changing provisions relating to the joint center for higher education.

 

Referred to Committee on Higher Education.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Rinehart, Gubernatorial Appointment No. 9249, Curtis Ludwig, as a member of the Gambling Commission, was confirmed.

      Senators Rinehart, Hale, Loveland and McCaslin spoke to the confirmation of Curtis Ludwig as a member of the Gambling Commission.


APPOINTMENT OF CURTIS LUDWIG


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Excused: Senators McDonald and Smith - 2.


MOTION


      On motion of Senator Sheldon, Gubernatorial Appointment No. 9226, Vicki McNeill, as a member of the Higher Education Coordinating Board was confirmed.

      Senators Sheldon and Moyer spoke to the confirmation of Vicki McNeill as a member of the Higher Education Coordinating Board.


APPOINTMENT OF VICKI McNEILL


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Excused: Senators McDonald and Smith - 2.


MOTION


      At 9:25 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 11:41 a.m. by President Pritchard.


SECOND READING


      SENATE BILL NO. 6513, by Senators Sheldon, Oke, Owen, Loveland, Heavey, Drew, Fairley, Prentice, Thibaudeau, Sutherland, Snyder, Bauer, Wojahn, Rinehart, Goings, McAuliffe, Cantu, Roach, Rasmussen and Kohl

 

Securing a permanent homeport for the U.S.S. Missouri.


MOTIONS


      On motion of Senator Sheldon, Substitute Senate Bill No. 6513 was substituted for Senate Bill No. 6513 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. 6513 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. 6513.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6513 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Absent: Senator Rinehart - 1.

      SUBSTITUTE SENATE BILL NO. 6513, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


INTRODUCTION OF SPECIAL GUESTS


      The President introduced the 1996 Hubert H. Humphrey Scholars attending the University of Washington, representing twelve nations, who were seated in the gallery.


SECOND READING


      SENATE BILL NO. 6621, by Senator Quigley

 

Expanding the public inspection and copying exemption for health care providers' residential addresses and phone numbers.


      The bill was read the second time.


MOTIONS


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

      On page 4, line 21, after "released" insert ", and except as provided for under RCW 42.17.260(7)"

      On motion of Senator Quigley, the rules were suspended, Engrossed Senate Bill No. 6621 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Thibaudeau, Senator Rinehart was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6621.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6621 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Excused: Senator Rinehart - 1.

      ENGROSSED SENATE BILL NO. 6621, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6283, by Senators Rasmussen, Owen, Hochstatter, Loveland, Snyder, Morton, Newhouse, Finkbeiner, Prince, Spanel, Sellar, McDonald, A. Anderson, Moyer, Swecker, Winsley and Roach

 

Increasing tax deductions available to low-density light and power businesses.


      The bill was read the second time.


MOTION


      On motion of Senator Sutherland, the rules were suspended, Senate Bill No. 6283 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. 6283.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6283 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Absent: Senator Hargrove - 1.

      Excused: Senator Rinehart - 1.

      SENATE BILL NO. 6283, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6583, by Senators Spanel, Bauer, Kohl, McAuliffe, Winsley, Rinehart and Smith

 

Clarifying eligibility requirements for state-funded benefits for part-time academic employees of community and technical colleges.


MOTIONS


      On motion of Senator Bauer, Substitute Senate Bill No. 6583 was substituted for Senate Bill No. 6583 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. 6583 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 Anderson: "Senator Spanel, there was some confusion on the discussion of bringing part-time people in under benefits. Would the benefits be prorated to the portion of work or, as you have now, any part-time person would have full-time benefits?"

      Senator Spanel: "It is my understanding that if you are half-time or more, you get the full benefits. I think that is the way it is in law right now. This does not change that at all."

      Senator Anderson: "So, people that are less than half-time would have the same full benefits that people are more than half-time now?"

      Senator Spanel: "If you are less than half-time, you do not get the benefits unless you are working at two different places. Existing law says that if you are working at two community colleges and you go over that half-time, then you do get the benefits."

      Senator Anderson: "Okay, so this deals with the combination. This does not deal with a person that is less than half-time now--?"

      Senator Spanel: "The discrepancy has been in defining half-time or defining part-time. By law, some community colleges have been defining it a certain way. There has been a tendency to define it a different way in order to save some money."

      Senator Anderson: "And this standardizes that?"

      Senator Spanel: "This standardizes it and makes sure that everybody gets treated the same way."

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6583.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6583 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

      Voting nay: Senators Cantu, McDonald and Oke - 3.

      SUBSTITUTE SENATE BILL NO. 6583, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Snyder, the following resolution was adopted:


SENATE RESOLUTION 1996-8672


By Senators Snyder, Johnson, Hale, Wojahn and McCaslin


      WHEREAS, The Benevolent and Protective Order of the Elks is a nationwide organization that embodies the spirit of community service and compassion to people in all walks of life; and

      WHEREAS, The Benevolent and Protective Order of the Elks has established lodges in fifty-two different communities in the state of Washington, representing over 60,000 members; and

      WHEREAS, These local lodges and members dedicate countless hours and resources to improving the lives of citizens throughout the state of Washington through many important and charitable projects; and

      WHEREAS, The Benevolent and Protective Order of the Elks wishes to pay its respects to the officials of the state of Washington, including all members of the Fifty-fourth Washington State Legislature; and

      WHEREAS, The Washington State Elks Association is holding their annual Elks Government Relations Day on this day, February 9, 1996; and

      WHEREAS, It is the custom of the Washington State Senate to acknowledge the unselfish service and dedication of the community organizations in this state;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate does hereby recognize and honor the Benevolent and Protective Order of Elks for its outstanding service and programs for youth, disabled children, educational scholarships, drug prevention, and a variety of community-oriented charities and service programs; and

      BE IT FURTHER RESOLVED, That copies of this resolution be transmitted by the Secretary of the Senate to Roger True, President of the Washington State Elks Association.


INTRODUCTION AND FIRST READING


      The President welcomed and introduced the members of the Washington State Elks organization, who were seated in the gallery.


MOTION


      At 12:09 p.m., on motion of Senator Spanel, the Senate recessed until 1:00 p.m.


      The Senate was called to order at 1:09 p.m. by President Pritchard.

      There being no objection, the President returned the Senate to the sixth order of business.


SECOND READING


      SENATE BILL NO. 6720, by Senators Pelz, Deccio, Heavey, Hochstatter, Wojahn, Newhouse, West, Oke and Winsley

 

Prohibiting the gambling commission from negotiating compacts that allow off-reservation class III gaming facilities.


      The bill was read the second time.


MOTION


      On motion of Senator Pelz, the rules were suspended, Senate Bill No. 6720 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTIONS


      On motion of Senator Wood, Senators McDonald and Prince were excused.

      On motion of Senator Thibaudeau, Senator Hargrove, Owen, Prentice and Rinehart were excused.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6720.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6720 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Pelz, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.

      Excused: Senators Hargrove, McDonald, Owen, Prentice, Prince and Rinehart - 6.

      SENATE BILL NO. 6720, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6430, by Senators Schow and Spanel

 

Changing social card game provisions.


MOTIONS


      On motion of Senator Pelz, Substitute Senate Bill No. 6430 was substituted for Senate Bill No. 6430 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Pelz, the rules were suspended, Substitute Senate Bill No. 6430 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


PARLIAMENTARY INQUIRY


      Senator Wojahn: "Mr. President, a question. This bill would take a sixty percent vote?"


RULING BY THE PRESIDENT


      President Pritchard: "That is correct. This would take a sixty percent vote."

      Further debate ensued.


MOTION


      On motion of Senator Anderson, Senator Cantu was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6430.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6430 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 14; Absent, 0; Excused, 5.

      Voting yea: Senators Anderson, A., Bauer, Deccio, Finkbeiner, Fraser, Goings, Hale, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Moyer, Newhouse, Pelz, Prentice, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, West, Winsley, Wood and Zarelli - 30.

      Voting nay: Senators Drew, Fairley, Franklin, Hargrove, Haugen, Heavey, Hochstatter, Morton, Oke, Quigley, Strannigan, Swecker, Thibaudeau and Wojahn - 14.

      Excused: Senators Cantu, McDonald, Owen, Prince and Rinehart - 5.

      SUBSTITUTE SENATE BILL NO. 6430, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6667, by Senators Quigley, Smith and Goings

 

Increasing penalties for public disclosure violations.


MOTIONS


      On motion of Senator Quigley, Substitute Senate Bill No. 6667 was substituted for Senate Bill No. 6667 and the substitute bill was placed on second reading and read the second time.

      Senator Anderson moved that the following amendment by Senators Anderson and Strannigan be adopted:

      On page 2, after line 39, insert the following:

      "(10) The remedies available under subsections (6), (7), (8), and (9) of this section for failure to comply with a court order under this section or a court's order of enforcement entered under RCW 42.17.397 may not be enforced until the expiration of all applicable time periods for appeal."

      Renumber the sections consecutively and correct any internal references accordingly

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Anderson and Strannigan on page 2, after line 39, to Substitute Senate Bill No. 6667.

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


MOTION


      On motion of Senator Quigley, the rules were suspended, Engrossed Substitute Senate Bill No. 6667 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6667.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6667 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Excused: Senator Cantu - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6667, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SECOND SUBSTITUTE SENATE BILL NO. 5476, by Senate Committee on Ways and Means (originally sponsored by Senators Loveland, Winsley, Fraser, Haugen, Kohl, Wood, Drew, Bauer, Pelz, Prentice, Quigley, McAuliffe, Roach, Fairley, Franklin, Prince and Long)

 

Sharing leave and personal holiday time.


MOTIONS


      On motion of Senator Pelz, Third Substitute Senate Bill No. 5476 was substituted for Second Substitute Senate Bill No. 5476 and the third substitute bill was placed on second reading and read the second time.

      On motion of Senator Pelz, the rules were suspended, Third Substitute Senate Bill No. 5476 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 Third Substitute Senate Bill No. 5476.


ROLL CALL


      The Secretary called the roll on the final passage of Third Substitute Senate Bill No. 5476 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      THIRD SUBSTITUTE SENATE BILL NO. 5476, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6109, by Senators Loveland and Winsley

 

Modifying county treasury management.


MOTIONS


      On motion of Senator Haugen, Substitute Senate Bill No. 6109 was substituted for Senate Bill No. 6109 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. 6109 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. 6109.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6109 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 6109, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6579, by Senators Prentice, Hale, Fraser, Sellar, Roach, Snyder, Sutherland and Winsley

 

Insuring credit unions.


MOTIONS


      On motion of Senator Prentice, Substitute Senate Bill No. 6579 was substituted for Senate Bill No. 6579 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. 6579 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. 6579.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6579 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 6579, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6705, by Senators Bauer, Wood, Kohl, Zarelli, Sutherland, Cantu, Prince, Sheldon, Loveland, Winsley, Hale and Rasmussen

 

Requiring a higher education technology plan.


MOTIONS


      On motion of Senator Bauer, Second Substitute Senate Bill No. 6705 was substituted for Senate Bill No. 6705 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Bauer, the following amendments by Senators Bauer, Sutherland and Haugen were considered simultaneously and were adopted:

      On page 2, line 14, after "((nine))" strike "eleven" and insert "twelve"

      On page 2, beginning on line 22, after "court." strike all material through "representatives." on line 24, and insert "((One member shall represent the legislative branch and shall be selected by the president of the senate and the speaker of the house of representatives.)) One member shall represent the house of representatives and shall be selected by the speaker of the house of representatives; one member shall represent the senate and shall be appointed by the president of the senate. The representatives of the house of representatives and senate shall not be from the same political party."


MOTIONS


      On motion of Senator Sutherland, the following amendment by Senators Sutherland and Bauer was adopted:

      On page 11, line 24, following "minimizing duplicative programs or degrees." inset "The board shall incorporate into the plan desirable objectives and goals and methods for meeting the goals and measuring the outcomes."

      Renumber the sections consecutively and correct any internal references accordingly

      On motion of Senator Bauer, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6705 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Thibaudeau, Senator Snyder was excused.

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6705.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6705 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 6; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 43.

      Voting nay: Senators Cantu, Heavey, Hochstatter, McCaslin, Schow and Zarelli - 6.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6705, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5375, by Senate Committee on Law and Justice (originally sponsored by Senators Wojahn, McCaslin, Haugen, Deccio, Franklin, Spanel, Kohl, Snyder, Quigley, Prentice, Oke and Moyer)

 

Suspending various licenses for failure to pay child support.


MOTIONS


      On motion of Senator Smith, Second Substitute Senate Bill No. 5375 was substituted for Second Engrossed Substitute Senate Bill No. 5375 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Wojahn, the following amendment by Senators Wojahn and Smith was adopted:

      On page 28, at the beginning of line 2, insert "electrician certificate of competency, electrical training certificate,"


MOTION


      Senator Schow moved that the following amendment by Senators Schow, Zarelli, Morton and Johnson be adopted:

      On page 2, beginning on line 1, strike all of sections 1 through 43 on page 30, and insert the following:

      "Sec. 1. RCW 7.21.030 and 1989 c 373 s 3 are each amended to read as follows:

      (1) The court may initiate a proceeding to impose a remedial sanction on its own motion or on the motion of a person aggrieved by a contempt of court in the proceeding to which the contempt is related. Except as provided in RCW 7.21.050, the court, after notice and hearing, may impose a remedial sanction authorized by this chapter.

      (2) If the court finds that the person has failed or refused to perform an act that is yet within the person's power to perform, the court may find the person in contempt of court and impose one or more of the following remedial sanctions:

      (a) Imprisonment if the contempt of court is of a type defined in RCW 7.21.010(1) (b) through (d). The imprisonment may extend only so long as it serves a coercive purpose.

      (b) A forfeiture not to exceed two thousand dollars for each day the contempt of court continues.

      (c) An order designed to ensure compliance with a prior order of the court.

      (d) Any other remedial sanction other than the sanctions specified in (a) through (c) of this subsection if the court expressly finds that those sanctions would be ineffectual to terminate a continuing contempt of court.

      (e) An order suspending a driver's license for willful noncompliance with a child support order.

      (3) The court may, in addition to the remedial sanctions set forth in subsection (2) of this section, order a person found in contempt of court to pay a party for any losses suffered by the party as a result of the contempt and any costs incurred in connection with the contempt proceeding, including reasonable attorney's fees."

      Renumber the remaining sections consecutively and correct any internal references accordingly.

      Debate ensued.

      Senator 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 Senators Schow, Zarelli, Morton and Johnson on page 2, beginning on line 1, to Second Substitute Senate Bill No. 5375.


ROLL CALL


      The Secretary called the roll and the amendment on page 2, beginning on line 1, was adopted by the following vote: Yeas, 25; Nays, 23; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, Strannigan, Swecker, West, Wood and Zarelli - 25.

      Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Spanel, Sutherland, Thibaudeau, Winsley and Wojahn - 23.

      Absent: Senator Snyder - 1.

 

NOTICE FOR RECONSIDERATION


      Having voted on the prevailing side, Senator Smith served notice that he would move to reconsider the vote by which the amendment on page 2, beginning on line 1, was adopted to Second Substitute Senate Bill No 5375.


MOTION


      On motion of Senator Smith, and there being no objection, further consideration of Second Substitute Senate Bill No. 5375 was deferred.


SECOND READING


      SENATE BILL NO. 6556, by Senator Sutherland

 

Enhancing public electronic access to government information.


MOTIONS


      On motion of Senator Sutherland, Second Substitute Senate Bill No. 6556 was substituted for Senate Bill No. 6556 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Sutherland, the following amendments by Senators Sutherland, Finkbeiner and Cantu were considered simultaneously and were adopted:

      On page 2, line 14 after "state," strike "the supreme court, court of appeals, house of representatives, and senate,"

      On page 2, after line 16 insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 2.68 RCW to read as follows:

      The supreme court, the court of appeals and all superior and district courts, through the judicial information system committee, shall:

      (1) Continue to plan for and implement processes for making judicial information available electronically;

      (2) Promote and facilitate electronic access to the public of judicial information and services;

      (3) Establish technical standards for such services;

      (4) Consider electronic public access needs when planning new information systems or major upgrades of information systems;

      (5) Develop processes to determine which judicial information the public most wants and needs;

      (6) Increase capabilities to receive information electronically from the public and transmit forms, applications and other communications and transactions electronically;

      (7) Use technologies that allow continuous access twenty-four hours a day, seven days per week, involve little or no cost to access, and are capable of being used by persons without extensive technology ability; and

      (8) Consider and incorporate wherever possible ease of access to electronic technologies by persons with disabilities.

      NEW SECTION. Sec. 2. A new section is added to chapter 44.68 RCW to read as follows:

      The legislature and legislative agencies through the joint legislative systems committee, shall:

      (1)Continue to plan for and implement processes for making legislative information available electronically;

      (2) Promote and facilitate electronic access to the public of legislative information and services;

      (3) Establish technical standards for such services;

      (4) Consider electronic public access needs when planning new information systems or major upgrades of information systems;

      (5) Develop processes to determine which legislative information the public most wants and needs;

      (6) Increase capabilities to receive information electronically from the public and transmit forms, applications and other communications and transactions electronically;

      (7) Use technologies that allow continuous access twenty-four hours a day, seven days per week, involve little or no cost to access, and are capable of being used by persons without extensive technology ability; and

      (8) Consider and incorporate wherever possible ease of access to electronic technologies by persons with disabilities."

      Renumber remaining sections consecutively


MOTION


      On motion of Senator Sutherland, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6556 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Thibaudeau, Senator Snyder was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6556.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6556 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Excused: Senator Snyder - 1.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6556, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6097, by Senator Rasmussen

 

Promoting beekeeping operations.


MOTIONS


      On motion of Senator Rasmussen, Substitute Senate Bill No. 6097 was substituted for Senate Bill No. 6097 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. 6097 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. 6097.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6097 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Excused: Senator Snyder - 1.

      SUBSTITUTE SENATE BILL NO. 6097, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6522, by Senators Spanel, Long and Kohl

 

Limiting political activities of citizen members of the legislative ethics board.


MOTIONS


      On motion of Senator Sheldon, Substitute Senate Bill No. 6522 was substituted for Senate Bill No. 6522 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. 6522 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 Spanel: "Senator McCaslin, are you opposing the bill, would you say?"

      Senator McCaslin: "How did you guess?"

      Further debate ensued.


POINT OF INQUIRY


      Senator Cantu: "Senator Spanel, the question I have, and I don't serve on the committee--I was just going over to see Senator McCaslin--but it states under the revised bill that a member can serve as a precinct committee officer and they can hold a part-time position, but it is non-partisan. It seems to me that we allow them to participate in a political party as an elected member of the party and yet, if they hold a position of part-time, it has to be non-partisan."

      Senator Spanel: "Well, that is actually--"

      Senator Cantu: "I was wondering the rationale for that. I am not trying--"

      Senator Spanel: "Existing law allows them to be a precinct committee person. That is the only elected position they can hold right now. That's the way it was written in the ethics bill when we passed it last year or the year before. So, it doesn't change that. So, that is a partisan position, I agree."

      Senator Cantu: "But, if they hold a part-time position, it has to be non partisan and I was just wondering the rationale. If you can be an elected party officer, if you will, because you have to run for that office of precinct committee person and the part-time job has to be non-partisan. I was just wondering of the rationale; it seems inconsistent, but--"

      Senator Spanel: "I think I didn't participate in that rationale."

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6522.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6522 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Voting nay: Senator McCaslin - 1.

      Excused: Senator Snyder - 1.

      SUBSTITUTE SENATE BILL NO. 6522, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      At 2:52 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 4:20 p.m. by President Pritchard.


SECOND READING


      SENATE BILL NO. 6422, by Senators Haugen, Morton, Hale, Swecker, Prentice and Sutherland

 

Requiring additional planning for general aviation facilities.


MOTIONS


      On motion of Senator Haugen, Substitute Senate Bill No. 6422 was substituted for Senate Bill No. 6422 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. 6422 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Thibaudeau, Senator Fairley was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6422.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6422 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.

      Absent: Senators Loveland, McDonald and Sutherland - 3.

      Excused: Senator Fairley - 1.

      SUBSTITUTE SENATE BILL NO. 6422, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6514, by Senators Long, Hargrove, Schow, Kohl and Winsley

 

Enhancing preservation services for families.


MOTIONS


      On motion of Senator Hargrove, Substitute Senate Bill No. 6514 was substituted for Senate Bill No. 6514 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. 6514 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. 6514.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6514 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 6514, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6642, by Senators Heavey and Schow

 

Limiting voters of a port commissioner district to elect commissioners in districts with populations of five hundred thousand or more.


MOTIONS


      On motion of Senator Haugen, Substitute Senate Bill No. 6642 was substituted for Senate Bill No. 6642 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. 6642 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. 6642.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6642 and the bill failed to pass the Senate by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.

      Voting yea: Senators Deccio, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Johnson, Loveland, McAuliffe, McCaslin, Morton, Oke, Owen, Prince, Rasmussen, Roach, Schow, Smith, Snyder, Spanel, Sutherland and Wojahn - 24.

      Voting nay: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Hale, Hochstatter, Kohl, Long, McDonald, Moyer, Newhouse, Pelz, Prentice, Quigley, Rinehart, Sellar, Sheldon, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 25.

      SUBSTITUTE SENATE BILL NO. 6642, having failed to receive the constitutional majority, was declared lost.


SECOND READING


      SENATE BILL NO. 6177, by Senators Bauer and Kohl (by request of Higher Education Coordinating Board)

 

Changing provisions for degree granting institutions.


      The bill was read the second time.


MOTION


      On motion of Senator Bauer, the rules were suspended, Senate Bill No. 6177 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. 6177.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6177 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      SENATE BILL NO. 6177, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION FOR RECONSIDERATION


      Having voted on the prevailing side, Senator Winsley moved to reconsider the vote by which Substitute Senate Bill No. 6642 failed to pass the Senate earlier today.

      Senator 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 motion by Senator Winsley to reconsider the vote by which Substitute Senate Bill No. 6642 failed to pass the Senate.


ROLL CALL


      The Secretary called the roll and the motion by Senator Winsley for reconsideration failed by the following vote: Yeas, 23; Nays, 25; Absent, 1; Excused, 0.

      Voting yea: Senators Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Johnson, Loveland, McAuliffe, McCaslin, Morton, Oke, Owen, Prince, Roach, Schow, Smith, Snyder, Spanel, Sutherland, Winsley and Wojahn - 23.

      Voting nay: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Hale, Hochstatter, Kohl, Long, McDonald, Moyer, Newhouse, Pelz, Prentice, Quigley, Rinehart, Sellar, Sheldon, Strannigan, Swecker, Thibaudeau, West, Wood and Zarelli - 25.

      Absent: Senator Rasmussen - 1.


SECOND READING


      SENATE BILL NO. 6694, by Senators Morton, A. Anderson and Rasmussen

 

Microchipping equine.


MOTIONS


      On motion of Senator Rasmussen, Substitute Senate Bill No. 6694 was substituted for Senate Bill No. 6694 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. 6694 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. 6694.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6694 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 48.

      Voting nay: Senator Wojahn - 1.

      SUBSTITUTE SENATE BILL NO. 6694, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION FOR RECONSIDERATION


      Having served prior notice, Senator Smith moved that the Senate now reconsider the amendment by Senators Schow, Zarelli, Morton and Johnson on page 2, beginning on line 1, to Second Substitute Senate Bill No. 5375.

      Debate ensued.

      Senator 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 motion by Senator Smith to reconsider the vote by which the amendment by Senators Schow, Zarelli, Morton and Johnson on page 2, beginning on line 1, to Second Substitute Senate Bill No. 5375 was adopted earlier today.


ROLL CALL


      The Secretary called the roll and the motion for reconsideration of the amendment carried by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley and Wojahn - 25.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Wood and Zarelli - 24.

 

      The President declared the question before the Senate to be the reconsideration of the amendment by Senators Schow, Zarelli, Morton and Johnson on page 2, beginning on line 1, to Second Substitute Senate Bill No. 5375.

      Debate ensued.


POINT OF INQUIRY


      Senator Wood: "Senator Smith, in your statement just a minute ago, you were talking about only a driver's license can be suspended."

      Senator Smith: "In the amendment, I believe that is what it says."

      Senator Wood: "I'm looking at the summary of the second substitute bill and in the first paragraph it talks about license suspension; it doesn't name what kind of license. Then in the second paragraph, it says, 'a noncustodial parent may seek judicial suspension of a custodial parent's driver's license or occupational or professional license.' Then, in the rest of the substitute, it doesn't describe what kind of license can be withheld. Could you clear it up for me, please?"

      Senator Smith: "Certainly. In the underlying bill, it is the same bill--and I guess I got a little presumptuous here since we had passed this now three or four times--and I assumed we had a better understanding of that. The underlying bill says a wide variety of business licenses, including bar associations--licensed attorneys--which has troubled some. A wide variety of business licenses are included in this bill as was included in the bill that was attached to the welfare bill. The reason that I mention the driver's licenses is that in the amendment it strips all of that away and says, 'just the driver's license can be taken away'--taking out all the other business licenses. The other states that have had success on this have had success in going after all the other licenses, not just the driver's license. That's the difference."

      Senator Wood: "Thank you. I just find this to be a very confusing bill that does not seem to state things in the way that I would like to see them clarified and if somebody else has more clarifications, it would certainly help."

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


      The President declared the question before the Senate to be the roll call on the amendment by Senators Schow, Zarelli, Morton and Johnson on page 2, beginning on line 1, on reconsideration, to Second Substitute Senate Bill No. 5375.


ROLL CALL


      The Secretary called the roll and the amendment, on reconsideration, was not adopted by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West and Zarelli - 22.

      Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Kohl, Loveland, McAuliffe, Moyer, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley, Wojahn and Wood - 27.


MOTION


      On motion of Senator Smith, the rules were suspended, Engrossed Second Substitute 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 Engrossed Second Substitute Senate Bill No. 5375.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5375 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 14; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Thibaudeau, West, Winsley, Wojahn and Wood - 35.

      Voting nay: Senators Anderson, A., Cantu, Finkbeiner, Hale, Hochstatter, Johnson, Long, Newhouse, Prince, Roach, Schow, Sellar, Swecker and Zarelli - 14.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5375, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6274, by Senators Long, Hargrove, Roach, Quigley, Wood, Smith, Schow, Winsley, Oke, A. Anderson, Rasmussen, Haugen and McAuliffe

 

Providing for increased supervision of sex offenders for up to the entire maximum term of the sentence.


MOTIONS


      On motion of Senator Hargrove, Substitute Senate Bill No. 6274 was substituted for Senate Bill No. 6274 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. 6274 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. 6274.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6274 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 48.

      Absent: Senator Wojahn - 1.

      SUBSTITUTE SENATE BILL NO. 6274, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6391, by Senators Long, Prentice, Owen, Prince, Schow, Sellar and Haugen

 

Inspecting rebuilt salvage vehicles.


MOTIONS


      On motion of Senator Owen, Substitute Senate Bill No. 6391 was substituted for Senate Bill No. 6391 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Owen, the rules were suspended, Substitute Senate Bill No. 6391 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. 6391.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6391 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 6391, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6235, by Senators Drew, McDonald, Haugen, Rinehart, Snyder, Kohl, Winsley, Sheldon, Bauer, Wood and Finkbeiner

 

Adopting ethics standards for academic or scientific public service work.


MOTIONS


      On motion of Senator Drew, Substitute Senate Bill No. 6235 was substituted for Senate Bill No. 6235 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. 6235 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. 6235.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6235 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Absent: Senator Hargrove - 1.

      SUBSTITUTE SENATE BILL NO. 6235, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6206, by Senators Haugen, Pelz, Winsley, Hale and Prentice

 

Regulating cosmetology, barbering, esthetics, and manicuring.



MOTIONS


      On motion of Senator Haugen, Substitute Senate Bill No. 6206 was substituted for Senate Bill No. 6206 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. 6206 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Hochstatter, Senator West was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6206.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6206 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 47.

      Absent: Senator Hargrove - 1.

      Excused: Senator West - 1.

      SUBSTITUTE SENATE BILL NO. 6206, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6239, by Senators Wojahn, Winsley, Thibaudeau, Loveland, Kohl, Long, Fairley, A. Anderson, Prentice, McAuliffe, Sheldon, Wood, Rinehart, Roach, Spanel, Hale, Drew, Franklin, Rasmussen, Snyder, Haugen, Fraser and Bauer

 

Providing for osteoporosis prevention and treatment education.


MOTIONS


      On motion of Senator Wojahn, Substitute Senate Bill No. 6239 was substituted for Senate Bill No. 6239 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Wojahn, the rules were suspended, Substitute Senate Bill No. 6239 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Thibaudeau, Senator Hargrove was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6239.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6239 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Excused: Senator Hargrove - 1.

      SUBSTITUTE SENATE BILL NO. 6239, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6260, by Senators Drew, Owen, Prince, Haugen, Prentice, Kohl, Wood, Long, Sheldon, Schow, Strannigan, Sellar, Finkbeiner, Heavey, Fairley, McAuliffe, Rasmussen, Quigley, Rinehart, Goings, Thibaudeau and Winsley

 

Revising the state ride share tax credit.


MOTIONS


      On motion of Senator Owen, Second Substitute Senate Bill No. 6260 was substituted for Senate Bill No. 6260 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Owen, the rules were suspended, Second Substitute Senate Bill No. 6260 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. 6260.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6260 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Absent: Senator Heavey - 1.

      SECOND SUBSTITUTE SENATE BILL NO. 6260, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6189, by Senators Haugen, Smith and McCaslin (by request of Supreme Court)

 

Creating the office of public defense.


MOTIONS


      On motion of Senator Haugen, Substitute Senate Bill No. 6189 was substituted for Senate Bill No. 6189 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. 6189 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. 6189.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6189 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 6189, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6736, by Senators Goings, Pelz, Heavey, Rasmussen, McAuliffe, Fraser, Bauer, Franklin, Loveland, Sheldon, Spanel, Fairley, Thibaudeau, Wojahn, Snyder, Sutherland, Drew, Rinehart, Kohl, Smith, Haugen and Winsley

 

Providing for binding arbitration for employees of school districts.


MOTIONS


      On motion of Senator Pelz, Second Substitute Senate Bill No. 6736 was substituted for Senate Bill No. 6736 and the second substitute bill was placed on second reading and read the second time.

      Senator West moved that the following amendment be adopted:

      On page 4, line 31, after "is" strike "not granted" and insert "prohibited"

      Renumber the sections consecutively and correct any internal references accordingly.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator West on page 4, line 31, to Second Substitute Senate Bill No. 6736.

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


MOTION


      On motion of Senator Pelz, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6736 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


POINT OF INQUIRY


      Senator Oke: "Senator Pelz, knowing that you are a sport's enthusiast and knowing that you watch sports very carefully, do you feel that binding arbitration has been good for sports in this country, when one price goes up, the next one goes up and up? I can just imagine, if I might continue before you respond, one area in this state having binding arbitration work out and some very nice things and then everywhere else that wants that--is that going to happen in the state of Washington?"

      Senator Pelz: "Well, I think that maybe you are speaking about salary arbitration, which, in sports has been somewhat of a disaster, but also, I think in sports, the economic picture has been changing and there has been more and more revenue available to the teams. I think that we know that K-12 is not an arena in which there is going to be more and more revenue available for the teams that an arbitrator might pick from. We have greater fiscal sense in Washington right now. We have 601, we have tough budgets to come out of the state--voters are rejecting levies. I think there are limited finances that school districts, such as I know the one that you represent, and which has had some difficult times, there are very limited financial resources in some of those districts and in binding arbitration, the arbitrator will take that into consideration."

      Further debate ensued.


POINT OF INQUIRY


      Senator Deccio: "Senator Pelz, the original bill had a provision that if there was no other recourse, a school district could not come back to the Legislature in regards to the level we have set for salaries. That has been removed, so in the event they can't raise the money in a special levy, they can come back to the Legislature to request those additional dollars. What happens if the spirit of 601 is violated and the Legislature turns down the increase, then what will happen? There is no penalty for a strike. Is it possible a school district could strike in that event?"

      Senator Pelz: "Well, the bill lays out a time table for bargaining and I believe the time table kicks in about May when the two sides begin to bargain. What happens is, they will bargain as they do today, and biding arbitration only kicks in at the point when an impasse--a serious impasse--is reached and this is after mediation. The bill has a procedure for mediation, so the system isn't that much different than it is today where they sit down around May and they begin to do collective bargaining.

      "Unfortunately, our school districts are currently suffering under a great problem, which in May, they often don't know the kind of resources the Legislature is going to give them that year. So, currently across the state, districts begin bargaining before they know how much the Legislature will give them. Basically, as the bargaining progresses through the summer, hopefully, we have the good sense to get out of Olympia every year and by May and June, the school districts do know how much money is on the table to bargain. In many ways, this bill does not change that element of the process."

      Senator Deccio: "I don't know that you have answered my question. We removed the prohibition against coming back to the Legislature. My question again is, if the Legislature refuses to grant those additional funds, binding arbitration says,' You will pay whether you can afford to pay or not.' That's what the cities and the counties say at least and if these are the same binding arbitration rules, the same rules hold effect. Once, the binding arbitration is made, they would have to pay regardless. If they can't get the money from the Legislature, because it violates 601, where does the school district go for the money?"

      Senator Pelz: "Again, Senator Deccio, the fiscal condition of the school district is clearly an issue that the arbitrator has to consider. If the district is broke, I would contend that the arbitrator is not going to force the district to pay fantastic amounts of money that they don't have. I think that that is going to be clearly a limitation placed on the arbitration. You are right, the school district will not be able to come back to the Legislature, but I think what binding arbitration is all about is making sure that school districts aren't stuck with hugh settlements that they can't afford. Maybe there will be a case out there where that is not true, but it is just hard for me to project, sir, and I am trying my best to answer your question."

      Senator Deccio: "I think I have made my case, Mr. President. Thank you."

      Further debate ensued.


MOTION


      On motion of Senator Wood, Senator McCaslin was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6736.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6736 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Moyer, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Thibaudeau, West, Winsley, Wojahn and Wood - 31.

      Voting nay: Senators Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McDonald, Morton, Newhouse, Oke, Prince, Roach, Schow, Sellar, Swecker and Zarelli - 17.

      Excused: Senator McCaslin - 1.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6736, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Spanel, the Senate commenced consideration of Engrossed Senate Bill No. 5841.


SECOND READING


      ENGROSSED SENATE BILL NO. 5841, by Senators Pelz, Winsley, Gaspard, Roach, Snyder, Loveland, Rinehart, McAuliffe, Spanel, Heavey, Franklin, Bauer, Smith, Fairley, Prentice, Fraser, Kohl, Quigley, Rasmussen, Sutherland, Sheldon, Drew, Wojahn, West, Wood, C. Anderson and Moyer (by request of Governor Lowry)

 

Enacting the personnel system reform act of 1995.


MOTIONS


      On motion of Senator Pelz, Second Substitute Senate Bill No. 5841 was substituted for Engrossed Senate Bill No. 5841 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Pelz, the rules were suspended, Second Substitute Senate Bill No. 5841 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Wood, Senator Moyer was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5841.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5841 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 20; Absent, 0; Excused, 2.

      Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, West, Winsley and Wojahn - 27.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Haugen, Hochstatter, Johnson, Long, McDonald, Morton, Newhouse, Oke, Prince, Schow, Sellar, Strannigan, Swecker, Wood and Zarelli - 20.

      Excused: Senators McCaslin and Moyer - 2.

      SECOND SUBSTITUTE SENATE BILL NO. 5841, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6718, by Senators Sutherland, McDonald, Finkbeiner, Winsley, Haugen and Hochstatter (by request of State Archivist)

 

Funding local government archives and records management.


      The bill was read the second time.


MOTION


      On motion of Senator Haugen, the rules were suspended, Senate Bill No. 6718 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. 6718.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6718 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 6; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 41.

      Voting nay: Senators Cantu, Finkbeiner, Hochstatter, Schow, Strannigan and West - 6.

      Excused: Senators McCaslin and Moyer - 2.

      SENATE BILL NO. 6718, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6672, by Senators Hargrove, Long and Oke (by request of Department of Social and Health Services and Department of Corrections)

 

Requiring department of corrections personnel to report suspected abuse of children and adult dependent and developmentally disabled persons.


      The bill was read the second time.


MOTION


      On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 6672 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. 6672.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6672 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Absent: Senator Drew - 1.

      Excused: Senator McCaslin - 1.

      SENATE BILL NO. 6672, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6266, by Senators Morton, Haugen, McCaslin, Rasmussen, Hargrove and Schow

 

Establishing lost and uncertain boundaries.


MOTIONS


      On motion of Senator Smith, Substitute Senate Bill No. 6266 was substituted for Senate Bill No. 6266 and the substitute bill was placed on second reading and read the second time.

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

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The purpose of this chapter is to provide alternative procedures for fixing boundary points or lines when they cannot be determined from the existing public record and landmarks or are otherwise in dispute. This chapter does not impair, modify, or supplant any other remedy available at law or equity.

      NEW SECTION. Sec. 2. As used in this chapter, "surveyor" means every person authorized to practice the profession of land surveying under the provisions of chapter 18.43 RCW.

      NEW SECTION. Sec. 3. Whenever a point or line determining the boundary between two or more parcels of real property cannot be identified from the existing public record, monuments, and landmarks, or is in dispute, the landowners affected by the determination of the point or line may resolve any dispute and fix the boundary point or line by one of the following procedures:

      (1) If all of the affected landowners agree to a description and marking of a point or line determining a boundary, they shall document the agreement in a written instrument, using appropriate legal descriptions and including a survey map, filed in accordance with chapter 58.09 RCW. The written instrument shall be signed and acknowledged by each party in the manner required for a conveyance of real property. The agreement is binding upon the parties, their successors, assigns, heirs and devisees and runs with the land. The agreement shall be recorded with the real estate records in the county or counties in which the affected parcels of real estate or any portion of them is located;

      (2) If all of the affected landowners cannot agree to a point or line determining the boundary between two or more parcels of real estate, any one of them may bring suit for determination as provided in RCW 58.04.020.

      NEW SECTION. Sec. 4. Any surveyor authorized by the court and the surveyor's employees may, without liability for trespass, enter upon any land or waters and remain there while performing the duties as required in sections 1 through 4 of this act. The persons named in this section may, without liability for trespass, investigate, construct, or place a monument or reference monuments for the position of any land boundary mark or general land office corner or mark and subdivisional corners thereof. Persons entering lands under the authority of sections 1 through 4 of this act must exercise due care not to damage property while on land or waters performing their duties, and are liable for property damage, if any, caused by their negligence or willful misconduct. Where practical, the persons named in this section must announce and identify themselves and their intention before entering upon private property in the performance of their duties.

      NEW SECTION. Sec. 5. A person who intentionally disturbs a survey monument placed by a surveyor in the performance of the surveyor's duties is guilty of a gross misdemeanor and is liable for the cost of the reestablishment.

      NEW SECTION. Sec. 6. RCW 58.04.010 and 1895 c 77 s 9 are each repealed.

      NEW SECTION. Sec. 7. Sections 1 through 5 of this act are each added to chapter 58.04 RCW.

      Sec. 8. RCW 58.04.020 and 1886 p 104 s 1 are each amended to read as follows:

      (1) Whenever the boundaries of lands between two or more adjoining proprietors ((shall)) have been lost, or by time, accident or any other cause, ((shall)) have become obscure, or uncertain, and the adjoining proprietors cannot agree to establish the same, one or more of ((said)) the adjoining proprietors may bring ((his)) a civil action in equity, in the superior court, for the county in which such lands, or part of them are situated, and ((such)) that superior court, as a court of equity, may upon ((such)) the complaint, order such lost or uncertain boundaries to be erected and established and properly marked.

      (2) The superior court may order the parties to utilize arbitration before the civil action is allowed to proceed."


MOTION


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

      On page 1, line 2 of the title, after "boundaries;" strike the remainder of the title and insert "amending RCW 58.04.020; adding new sections to chapter 58.04 RCW; repealing RCW 58.04.010; and prescribing penalties."

      On motion of Senator Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 6266 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Thibaudeau, Senators Drew and Loveland were excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6266.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6266 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 44.

      Voting nay: Senator Wojahn - 1.

      Absent: Senator Deccio - 1.

      Excused: Senators Drew, Loveland and McCaslin - 3.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6266, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6299, by Senators Rasmussen, Long, Fairley, McCaslin, Haugen, Winsley, Oke and Spanel

 

Increasing penalties for multiple violations of domestic violence protection orders.


MOTIONS


      On motion of Senator Smith, Substitute Senate Bill No. 6299 was substituted for Senate Bill No. 6299 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Fairley, the following amendments were considered simultaneously and were adopted:

      On page 1, at the beginning of line 17, strike "and" and insert "((and))"

      On page 1, line 19, after "violence" insert "; and

      (e) May require a person subject to a protective order to wear an electronic monitoring device that initiates an alarm when the person wearing it approaches a location in violation of the order"

      On page 4, after line 22, insert the following:

      "(4) The court may require a person subject to a protective order to wear an electronic monitoring device that initiates an alarm when the person wearing it approaches a location in violation of the order."

      On page 5, after line 25, insert the following:

      "(7) The court may require a person subject to a protective order to wear an electronic monitoring device that initiates an alarm when the person wearing it approaches a location in violation of the order."


MOTIONS


      On motion of Senator Smith, the following amendments were considered simultaneously and were adopted:

      On page 2, beginning on line 26, after "misdemeanor." strike all material through "felony." on line 27, and insert "A third or subsequent conviction for willful violation of a court order issued under subsection (2) or (3) of this section is a class C felony punishable under chapter 9A.20 RCW."

      Beginning on page 3, line 38, after "misdemeanor." strike all material through "felony." on page 4, line 1, and insert "A third or subsequent conviction for willful violation of a court order issued under this section is a class C felony punishable under chapter 9A.20 RCW."

      On page 4, line 29, after "misdemeanor." insert "A third or subsequent conviction for violating an order for protection granted under this chapter is a class C felony punishable under chapter 9A.20 RCW."

      On page 5, beginning on line 9, after "(4)" strike all material through "(5)" on line 11

      On page 5, at the beginning of line 17, strike all material through "(6)" and insert "(5)"

      On motion of Senator Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 6299 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. 6299.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6299 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Excused: Senators Drew and McCaslin - 2.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6299, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6099, by Senators McAuliffe and Swecker (by request of Department of Ecology)

 

Authorizing freshwater aquatic weeds account moneys to be used for hydrilla eradication.


      The bill was read the second time.


MOTION


      On motion of Senator McAuliffe, the rules were suspended, Senate Bill No. 6099 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. 6099.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6099 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

      Absent: Senator Schow - 1.

      Excused: Senators Drew and McCaslin - 2.

      SENATE BILL NO. 6099, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Sheldon, Senator Hargrove was excused.


SECOND READING


      SENATE BILL NO. 6207, by Senators Haugen, Smith, Winsley, Hale, Long, Schow, Roach, Kohl, Prentice and Heavey

 

Creating two pilot projects to improve investigative interviewing of child victim witnesses.


MOTIONS


      On motion of Senator Smith, Substitute Senate Bill No. 6207 was substituted for Senate Bill No. 6207 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Smith, the following amendment by Senators Haugen, Smith and Rinehart was adopted:

      On page 2, beginning on line 31, strike all of section 3


MOTION


      On motion of Senator Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 6207 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6207.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6207 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

      Excused: Senators Drew, Hargrove and McCaslin - 3.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6207, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Thibaudeau, Senator Prentice was excused.


SECOND READING


      SENATE JOINT MEMORIAL NO. 8028, by Senators Wojahn, Pelz, Sutherland, Heavey, Haugen, Schow, Oke and Morton

 

Requesting clarification of the Indian Gaming Regulatory Act of 1988.


      The joint memorial was read the second time.


MOTION


      On motion of Senator Wojahn, the rules were suspended, Senate Joint Memorial No. 8028 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8028.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Joint Memorial No. 8028 and the joint memorial passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.

      Excused: Senators Drew, Hargrove, McCaslin and Prentice - 4.

      SENATE JOINT MEMORIAL NO. 8028, having received the constitutional majority, was declared passed.


SECOND READING


      SENATE BILL NO. 6699, by Senator Prince

 

Facilitating transportation of persons with special transportation needs.


MOTIONS


      On motion of Senator Owen, Substitute Senate Bill No. 6699 was substituted for Senate Bill No. 6699 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Owen, the rules were suspended, Substitute Senate Bill No. 6699 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. 6699.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6699 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

      Excused: Senators Drew, Hargrove and McCaslin - 3.

      SUBSTITUTE SENATE BILL NO. 6699, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6616, by Senators Hale, Sheldon, Oke and Haugen

 

Expediting the release of employment security data to governmental agencies for preparing small business economic impact statements or cost benefit analysis.


      The bill was read the second time.


MOTION


      On motion of Senator Hale, the rules were suspended, Senate Bill No. 6616 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Thibaudeau, Senator Wojahn was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6616.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6616 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 45.

      Excused: Senators Drew, Hargrove, McCaslin and Wojahn - 4.

      SENATE BILL NO. 6616, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTIONS


      On motion of Senator Thibaudeau, Senator Bauer was excused.

      On motion of Senator Wood, Senator Johnson was excused.


SECOND READING


      SENATE BILL NO. 6532, by Senators Owen, Oke, Spanel and Fraser

 

Extending an exception from vessel registration.


MOTIONS


      On motion of Senator Owen, Substitute Senate Bill No. 6532 was substituted for Senate Bill No. 6532 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Owen, the rules were suspended, Substitute Senate Bill No. 6532 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. 6532.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6532 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Anderson, A., Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 44.

      Excused: Senators Bauer, Drew, Hargrove, Johnson and Wojahn - 5.

      SUBSTITUTE SENATE BILL NO. 6532, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6100, by Senators Haugen and Winsley (by request of Department of Ecology)

 

Requiring biennial progress reports from the department of ecology.


      The bill was read the second time.


MOTION


      On motion of Senator Haugen, the rules were suspended, Senate Bill No. 6100 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Wood, Senator Prince was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6100.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6100 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, A., Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 43.

      Excused: Senators Bauer, Drew, Hargrove, Johnson, Prince and Wojahn - 6.

      SENATE BILL NO. 6100, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6229, by Senators Kohl, Pelz, Prentice, Fairley, Thibaudeau, Wojahn, Franklin and Quigley

 

Enacting the infant crib safety act.


MOTIONS


      On motion of Senator Kohl, Substitute Senate Bill No. 6229 was substituted for Senate Bill No. 6229 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Kohl, the rules were suspended, Substitute Senate Bill No. 6229 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Cantu: "Senator Kohl, I've been reading the bill and it is not clear--there are literally probably tens of thousands of cribs out there that we've used, that we have passed on to our children and then they get passed on to our grandchildren. What is the impact of things like that? As you indicated, if you have a garage sale, are we, in any way, impacting the tens of thousands of families out there that have cribs today and are being used and may want to pass them on to their families?"

      Senator Kohl: "There are two provisions in the bill that address this. One is garage sales are not covered, period. The second provision is that with the Department of Health making available notice to individuals about the safety risks of older cribs that do have difficulties, such as the corners of the crib not being rounded. The main thing here to consider though is we are talking about cribs that are placed in the stream of commerce--not ones that are used in families."

      Senator Cantu: "Okay, so it would not--the intent of the bill is that it would not be illegal--families would not be fined--if they passed on a crib to their children or their grandchildren or whomever?"

      Senator Kohl: "That's right."

      Senator Cantu: "And if you sell one at a garage sale, it is okay. So, we are only impacting new manufacturers after January 1 of next year--those manufacturing commercial cribs and placing them in service. Over time, we would have these types of services. Am I correct?"

      Senator Kohl: "Right, the new cribs are already covered by the federal safety standards that have been in place since 1988. The industry has voluntary safety standards that have been in place since 1991. What we want to do is insure that families receive educational materials, so that they are aware of the safety factors about their cribs and perhaps can modify the older cribs as well. The commerce part of it is for older cribs that are sold used, but not in garage sales."

      Senator Cantu: "Thank you, I appreciate your patience. I think it is very important. Again, there are literally thousands of families that could potentially be impacted. I believe you said that on the commercial users that there are already federal regulations that regulate this. Are these laws--state laws--any different than the federal laws? In other words, is it going to be difficult for some manufacturer of a crib that sells in another state, but they are going to have to be unique for our state?"

      Senator Kohl: "No, we are talking about a federal safety standard in place since 1988."

      Senator Cantu: "And this is consistent with that?"

      Senator Kohl: "That's right."

      Senator Cantu: "Thank you very kindly."

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6229.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6229 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.

      Excused: Senators Bauer, Drew, Hargrove and Prince - 4.

      SUBSTITUTE SENATE BILL NO. 6229, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6119, by Senator Quigley

 

Regulating insurance coverage for prescription medicine.

MOTIONS


      On motion of Senator Quigley, Substitute Senate Bill No. 6119 was substituted for Senate Bill No. 6119 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Quigley, the rules were suspended, Substitute Senate Bill No. 6119 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. 6119.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6119 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 5; Absent, 0; Excused, 3.

      Voting yea: Senators Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 41.

      Voting nay: Senators Anderson, A., Long, McDonald, Moyer and Zarelli - 5.

      Excused: Senators Drew, Hargrove and Prince - 3.

      SUBSTITUTE SENATE BILL NO. 6119, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6180, by Senator Smith (by request of Administrator for the Courts)

 

Allowing additional time for phasing in additional King County superior court judges.


MOTIONS


      On motion of Senator Smith, Substitute Senate Bill No. 6180 was substituted for Senate Bill No. 6180 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 6180 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. 6180.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6180 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, A., Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.

      Absent: Senator Bauer - 1.

      Excused: Senators Drew, Hargrove and Prince - 3.

      SUBSTITUTE SENATE BILL NO. 6180, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE SENATE BILL NO. 5175, by Senate Committee on Labor, Commerce and Trade (originally sponsored by Senators Pelz and Deccio) (by request of Liquor Control Board)

 

Permitting certain retail liquor licensees to be licensed as manufacturers.


MOTIONS


      On motion of Senator Pelz, Second Substitute Senate Bill No. 5175 was substituted for Substitute Senate Bill No. 5175 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Pelz, the rules were suspended, Second Substitute Senate Bill No. 5175 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5175.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5175 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

      Excused: Senators Drew, Hargrove and Prince - 3.

      SECOND SUBSTITUTE SENATE BILL NO. 5175, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6098, by Senators McAuliffe and Swecker (by request of Department of Ecology)

 

Revising provisions for solid waste permits.


      The bill was read the second time.


MOTION


      On motion of Senator McAuliffe, the rules were suspended, Senate Bill No. 6098 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. 6098.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6098 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

      Excused: Senators Drew, Hargrove and Prince - 3.

      SENATE BILL NO. 6098, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6147, by Senators Haugen, McCaslin, Bauer, Swecker, Franklin, Prince and Winsley (by request of Department of Services for the Blind)

 

Modifying grants for vocational rehabilitation equipment and materials.


      The bill was read the second time.


MOTION


      On motion of Senator Sheldon, the rules were suspended, Senate Bill No. 6147 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. 6147.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6147 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

      Excused: Senators Drew, Hargrove and Prince - 3.

      SENATE BILL NO. 6147, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Thibaudeau, Senator Smith was excused.


SECOND READING


      SENATE BILL NO. 6494, by Senators McAuliffe, Johnson, Bauer, Owen, Rasmussen and Kohl (by request of State Board for Community and Technical Colleges)

 

Correcting obsolete references in the state even start program.


      The bill was read the second time.


MOTION


      On motion of Senator McAuliffe, the rules were suspended, Senate Bill No. 6494 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. 6494.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6494 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.

      Excused: Senators Drew, Hargrove, Prince and Smith - 4.

      SENATE BILL NO. 6494, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      There being no objection, the President advanced the Senate to the eighth order of business.


MOTION


      On motion of Senator Sutherland, the following resolution was adopted:


SENATE RESOLUTION 1996-8691


By Senators Sutherland, Finkbeiner and Kohl


      WHEREAS, The United States Congress has enacted, and the President has approved, the most comprehensive change in communications law since the 1930s; and

      WHEREAS, This wide-ranging legislation will completely transform the communications industry and its marketplace; and

      WHEREAS, These profound changes will affect all consumers, especially residential consumers; and

      WHEREAS, This bill removes the legal barriers-of-entry on distinct industries that have prevented them from entering markets for other types of services, and addresses issues pertaining to universal telecommunications service, interexchange long-distance markets, interconnection to the existing network, broadcast industry revisions, pole attachments, and a multitude of other significant issues; and

      WHEREAS, Areas of state law will need revisions based on new direction or preemption resulting from this federal legislation; and

      WHEREAS, The economy of the State of Washington is especially tied to the convergence of telecommunications and computers, an area known as "telematics"; and

      WHEREAS, The Governor of the State of Washington recognized the importance of this pending federal legislation and its impact on the future of the state and created the Governor's Telecommunications Policy Coordination Task Force in 1994; and

      WHEREAS, The membership of this task force includes legislators from all four legislative caucuses in addition to six executive agency directors; and

      WHEREAS, This task force has spent the past seventeen months studying the telecommunications industry in the state and policy options that could arise from federal legislation, and has composed a comprehensive report on these issues;

      NOW, THEREFORE, BE IT RESOLVED, that the Washington State Senate congratulate the members of the Governor's Telecommunications Policy Coordination Task Force on their efforts to date, and that the Senate is anticipating the continued work of the Task Force as it continues to study the telecommunications industry in the state with particular emphasis on the impacts of the federal law, including economic opportunities, consumer choice and consumer protection measures, with recommendations on specific statutory changes that are necessary to keep this state on the leading edge of the telecommunications marketplace.


      Senators Sutherland and Finkbeiner spoke to Senate Resolution 1996-8691.


MOTION


      At 7:53 p.m., on motion of Senator Spanel, the Senate adjourned until 8:30 a.m., Saturday, February 10, 1996.


JOEL PRITCHARD, President of the Senate


MARTY BROWN, Secretary of the Senate