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THIRTY-EIGHTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, February 19, 1997
The Senate was called to order at 10:00 a.m. by President Pro Tempore Newhouse. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Hale and Loveland. On motion of Senator Franklin, Senator Loveland was excused.
The Sergeant at Arms Color Guard, consisting of Pages Amy Jensen and Christopher Kaneshiro, presented the Colors. Reverend Anthony Obey, pastor of the New Life Baptist Church of Olympia, offered the prayer.
MOTION
On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
February 18, 1997
SB 5013 Prime Sponsor, Senator West: Extending a tax exemption for prepayments for health care services provided under Title XVIII (medicare) of the social security act. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That Substitute Senate Bill No. 5013 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin, Strannigan and Wojahn.
Referred to Committee on Ways and Means.
February 17, 1997
SB 5019 Prime Sponsor, Senator Fairley: Expanding the definition of persistent sex offenders. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5019 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Haugen, Kline, Long, McCaslin, Stevens and Zarelli.
Referred to Committee on Ways and Means.
February 18, 1997
SB 5050 Prime Sponsor, Senator Goings: Affirming and clarifying the legislative authority to treat the initial rate set for refurbished and new nursing facilities as that rate which is established on July 1, 1995, for purposes of applying the eighty-five percent minimum occupancy requirement. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That Substitute Senate Bill No. 5050 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin and Wojahn.
Referred to Committee on Ways and Means.
February 17, 1997
SB 5060 Prime Sponsor, Senator Haugen: Clarifying driving statutes. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5060 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Haugen, Kline, Long, McCaslin and Stevens.
Passed to Committee on Rules for second reading.
February 17, 1997
SB 5073 Prime Sponsor, Senator Swecker: Funding public facilities. Reported by Committee on Commerce and Labor
MAJORITY Recommendation: Do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson and Newhouse.
MINORITY Recommendation: Do not pass. Signed by Senator Heavey.
HOLD.
February 17, 1997
SB 5090 Prime Sponsor, Senator Roach: Including residential burglary in the list of most serious offenses. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Roach, Chair; Johnson, Vice Chair; Goings, Hargrove, McCaslin, Stevens and Zarelli.
MINORITY Recommendation: Do not pass. Signed by Senators Fairley and Kline.
Referred to Committee on Ways and Means.
February 18, 1997
SB 5127 Prime Sponsor, Senator Wojahn: Providing additional funding for trauma care services. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That Substitute Senate Bill No. 5127 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Deccio, Chair; Wood, Vice Chair; Fairley, Franklin and Wojahn.
MINORITY Recommendation: Do not pass. Signed by Senators Benton and Strannigan.
Referred to Committee on Ways and Means.
February 18, 1997
SB 5152 Prime Sponsor, Senator Prince: Allowing the department of social and health services access to employment security department data on clients in the job opportunities and basic skills training program and any subsequent state welfare program. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That Substitute Senate Bill No. 5152 be substituted therefor, and the substitute bill do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin, Strannigan and Wojahn.
Passed to Committee on Rules for second reading.
February 18, 1997
SB 5178 Prime Sponsor, Senator Wood: Adopting the diabetes cost reduction act. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That Substitute Senate Bill No. 5178 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Deccio, Chair; Wood, Vice Chair; Fairley, Franklin and Wojahn.
Referred to Committee on Ways and Means.
February 18, 1997
SB 5179 Prime Sponsor, Senator Deccio: Correcting inequities in the nursing facility reimbursement system. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That Substitute Senate Bill No. 5179 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin, Strannigan and Wojahn.
Referred to Committee on Ways and Means.
February 18, 1997
SB 5213 Prime Sponsor, Senator Deccio: Exempting certain information provided to the health care policy board and interagency quality committee from public disclosure. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That Substitute Senate Bill No. 5213 be substituted therefor, and the substitute bill do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin, Strannigan and Wojahn.
Passed to Committee on Rules for second reading.
February 17, 1997
SB 5256 Prime Sponsor, Senator Roach: Revising motorcycle equipment laws. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5256 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Hargrove, Long, Stevens and Zarelli.
MINORITY Recommendation: Do not pass substitute. Signed by Senator Fairley.
HOLD.
February 17, 1997
SB 5291 Prime Sponsor, Senator McCaslin: Requiring all defendants to be responsible for indigent defense service costs unless waived for sufficient cause. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5291 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Haugen, Long, McCaslin, Stevens and Zarelli.
MINORITY Recommendation: Do not pass substitute. Signed by Senator Kline.
Passed to Committee on Rules for second reading.
February 17, 1997
SB 5294 Prime Sponsor, Senator McCaslin: Providing for a prorated refund of a liquor license if the license holder discontinues operation at a licensed establishment. Reported by Committee on Commerce and Labor
MAJORITY Recommendation: That Substitute Senate Bill No. 5294 be substituted therefor, and the substitute bill do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson, Franklin, Fraser, Heavey and Newhouse.
HOLD.
February 17, 1997
SB 5341 Prime Sponsor, Senator Roach: Revising authority of the Washington economic development authority to finance projects. Reported by Committee on Commerce and Labor
MAJORITY Recommendation: That Substitute Senate Bill No. 5341 be substituted therefor, and the substitute bill do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson and Newhouse.
MINORITY Recommendation: Do not pass. Signed by Senator Heavey.
Passed to Committee on Rules for second reading.
February 17, 1997
SB 5348 Prime Sponsor, Senator Roach: Adding additional circumstances for the commission of aggravated first degree murder. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5348 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Goings, Hargrove, Haugen, Long, McCaslin, Stevens and Zarelli.
MINORITY Recommendation: Do not pass substitute. Signed by Senators Fairley and Kline.
Passed to Committee on Rules for second reading.
February 17, 1997
SB 5375 Prime Sponsor, Senator Rossi: Redefining a distributing organization to include a public health department. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5375 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Haugen, Kline, Long, McCaslin and Stevens.
Passed to Committee on Rules for second reading.
February 18, 1997
SB 5409 Prime Sponsor, Senator Long: Modifying child death review. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That Substitute Senate Bill No. 5409 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley and Franklin.
Referred to Committee on Ways and Means.
February 17, 1997
SB 5422 Prime Sponsor, Senator Schow: Updating professional gambling definitions. Reported by Committee on Commerce and Labor
MAJORITY Recommendation: Do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Franklin, Fraser, Heavey and Newhouse.
Passed to Committee on Rules for second reading.
February 17, 1997
SB 5426 Prime Sponsor, Senator McCaslin: Deleting references to the former judicial council. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Haugen, Kline, Long, McCaslin, Stevens and Zarelli.
Passed to Committee on Rules for second reading.
February 18, 1997
SB 5445 Prime Sponsor, Senator Deccio: Making technical corrections to statutes administered by the department of health. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That Substitute Senate Bill No. 5445 be substituted therefor, and the substitute bill do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin, Strannigan and Wojahn.
Passed to Committee on Rules for second reading.
February 17, 1997
SB 5509 Prime Sponsor, Senator Rossi: Changing definitions regarding offenders. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Haugen, Kline, Long, McCaslin, Stevens and Zarelli.
Referred to Committee on Ways and Means.
February 17, 1997
SB 5629 Prime Sponsor, Senator Roach: Making domestic violence an aggravating circumstance for purposes of sentencing decisions. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5629 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Haugen, Long, McCaslin, Stevens and Zarelli.
MINORITY Recommendation: Do not pass substitute. Signed by Senator Kline.
Passed to Committee on Rules for second reading.
February 18, 1997
SB 5637 Prime Sponsor, Senator Haugen: Removing residency requirements for county road engineers. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Anderson, Haugen, Horn, Patterson and Swanson.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Johnson, Senate Bill No. 5073, Senate Bill No. 5256 and Senate Bill No. 5294 were held on the desk.
MESSAGE FROM THE HOUSE
February 17, 1997
MR. PRESIDENT:
The House has passed:
HOUSE BILL NO. 1051,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1074,
HOUSE BILL NO. 1081,
SUBSTITUTE HOUSE BILL NO. 1088,
SUBSTITUTE HOUSE BILL NO. 1320, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
SB 5903 by Senators Hale, Morton, Wood and Winsley
AN ACT Relating to the use of local special excise taxes for the operation of performing and cultural arts facilities; and amending RCW 67.28.370.
Referred to Committee on Ways and Means.
SB 5904 by Senators Wood, Kohl and Prince
AN ACT Relating to higher education fees; and amending RCW 28B.15.910.
Referred to Committee on Higher Education.
SB 5905 by Senators Swecker and Winsley
AN ACT Relating to aquatic weed control; amending RCW 90.24.010, 90.24.020, 90.24.040, and 90.24.066; adding a new section to chapter 90.48 RCW; adding a new section to chapter 90.58 RCW; and providing an expiration date.
Referred to Committee on Agriculture and Environment.
SB 5906 by Senators Swanson, Fraser, West and Oke
AN ACT Relating to dedicating revenue to K through 12 education through state lottery revenues; amending RCW 67.70.040, 67.70.190, 67.70.240, and 43.84.092; and creating a new section.
Referred to Committee on Ways and Means.
SB 5907 by Senators Swanson, Wojahn, Fraser, Goings, West and Oke
AN ACT Relating to state lottery accounts; and amending RCW 67.70.240, 67.70.260, and 67.70.042.
Referred to Committee on Ways and Means.
SB 5908 by Senators Thibaudeau, Long, Kohl, Winsley and Patterson
AN ACT Relating to expedited termination of parental rights; amending RCW 13.34.190; reenacting and amending RCW 13.34.130 and 13.34.180; adding a new section to chapter 13.34 RCW; and creating a new section.
Referred to Committee on Human Services and Corrections.
SB 5909 by Senators Thibaudeau, Fairley and Heavey
AN ACT Relating to lease of unused highway land or air space; amending RCW 47.12.120; and adding a new section to chapter 47.12 RCW.
Referred to Committee on Transportation.
SB 5910 by Senators West, Haugen, McCaslin, Anderson and Long
AN ACT Relating to clarifying that the construction statute of repose's beneficiaries specifically include persons that must be registered under RCW 18.27.020 or licensed under RCW 19.28.120; and amending RCW 4.16.300.
Referred to Committee on Law and Justice.
SB 5911 by Senators Strannigan, Winsley and Goings
AN ACT Relating to business and occupation tax on printers; amending RCW 82.04.280 and 82.04.290; and adding a new section to chapter 82.04 RCW.
Referred to Committee on Ways and Means.
SB 5912 by Senators Strannigan and Goings
AN ACT Relating to exempting printed sales messages and related services from sales and use taxation; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5913 by Senators Sheldon and Oke
AN ACT Relating to the imposition of taxes by counties for emergency communication systems and facilities; and adding a new section to chapter 82.14 RCW.
Referred to Committee on Energy and Utilities.
SB 5914 by Senators Strannigan, Wojahn, Bauer, Winsley, Swecker, Haugen, Johnson and Schow
AN ACT Relating to tax exemptions for sales, use, and distribution of magazines and periodicals by subscription; amending RCW 82.08.02535; and adding a new section to chapter 82.12 RCW.
Referred to Committee on Ways and Means.
SB 5915 by Senators Anderson, Hale, Bauer and Stevens
AN ACT Relating to industrial land banks; amending RCW 36.70A.365; and repealing RCW 36.70A.367.
Referred to Committee on Government Operations.
SB 5916 by Senator McCaslin
AN ACT Relating to the association of superior court judges; and adding new sections to chapter 2.16 RCW.
Referred to Committee on Law and Justice.
SB 5917 by Senators McCaslin, Schow, Oke and Hochstatter
AN ACT Relating to the use of physical force against intruders; adding a new section to chapter 9A.16 RCW; and creating a new section.
Referred to Committee on Law and Justice.
SB 5918 by Senator Wood
AN ACT Relating to long-term care; amending RCW 74.39A.008, 74.39A.050, 74.39A.060, 70.129.030, 70.129.105, 70.129.110, 70.129.150, 70.128.175, 18.20.020, and 18.20.190; adding new sections to chapter 74.39A RCW; adding a new section to chapter 18.20 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5919 by Senators Roach, Winsley, Stevens, Zarelli, Wood, Schow and Oke
AN ACT Relating to the special sex offender sentencing alternative; and creating new sections.
Referred to Committee on Human Services and Corrections.
SB 5920 by Senators Roach, Benton, Heavey, Deccio, Oke, Long, Winsley and Rasmussen
AN ACT Relating to veterans remembrance emblems; and amending RCW 46.16.319.
Referred to Committee on Government Operations.
SB 5921 by Senators Roach, Zarelli, Stevens and Oke
AN ACT Relating to malfeasance by government officials; amending RCW 10.27.020, 10.27.030, and 9A.80.010; and prescribing penalties.
Referred to Committee on Law and Justice.
SJM 8012 by Senators Hale, Benton, Oke, Sellar, Deccio, Finkbeiner, Morton, Rossi, Anderson, Johnson, Roach, McDonald, Newhouse, Wood, Strannigan, Long, Swecker, Horn and Goings
Requesting a balanced budget amendment to the United States Constitution.
Referred to Committee on Ways and Means.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
HB 1051 by Representatives Pennington, Mielke, Carlson, McMorris, Delvin and Keiser
Simplifying designation of school bus stops as drug-free zones.
Referred to Committee on Law and Justice.
ESHB 1074 by House Committee on Law and Justice (originally sponsored by Representatives Sheahan, Costa, Hatfield and Constantine)
Protecting personality rights.
Referred to Committee on Law and Justice.
HB 1081 by Representatives Koster, Mulliken, Dunn, Mielke, Thompson, McMorris, Boldt, Sterk, Sherstad, Bush and Smith
Strengthening school policies and prohibitions on the use of tobacco at schools.
Referred to Committee on Education.
SHB 1088 by House Committee on Government Administration (originally sponsored by Representatives Sheahan and Schoesler)
Designating Mammuthus COLUMBI as the official fossil of the state of Washington.
Referred to Committee on Government Operations.
SHB 1320 by House Committee on Government Administration (originally sponsored by Representatives L. Thomas, Cooke, Cairnes, D. Schmidt, Keiser, Robertson, Blalock, Ogden, Constantine, Veloria, Dunn and Anderson)
Designating Anux junius as the official insect of the state of Washington.
Referred to Committee on Government Operations.
MOTION
At 10:08 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 11:23 a.m. by President Pro Tempore Newhouse.
MOTION
On motion of Senator Deccio, the following resolution was adopted:
SENATE RESOLUTION 1997-8617
By Senators Deccio, Swecker, Long, Kohl, Spanel, Rasmussen, Loveland, Sellar, Schow, McAuliffe, Oke, Anderson, Zarelli, Franklin, Bauer and Stevens
WHEREAS, It is the policy of the Washington State Senate to recognize and honor those individuals that have made significant contributions to the well-being of the citizens of Washington; and
WHEREAS, John D. McAlister, who was an active member of many agricultural industry organizations and served on the Government Affairs Council of the Association of Washington Business, as well as their Board of Directors, passed away on Monday, February 10, 1997; and
WHEREAS, John D. McAlister moved to Yakima in 1983, and established the public relations department for Tree Top, Inc.; and
WHEREAS, John D. McAlister was very active in the Yakima community, serving on the Board of the Yakima Symphony Orchestra and on the Board of New Vision; and
WHEREAS, John D. McAlister was the founder and chairman of the Yakima Excellence in Education Program, and was pleased when Yakima area teachers received recognition for their service and dedication to local students; and
WHEREAS, John D. McAlister was an active member of the First Presbyterian Church; and
WHEREAS, John D. McAlister gave many hours of dedicated service to the citizens of the Yakima community, and will be greatly missed; and
WHEREAS, John D. McAlister is fondly remembered by his wife, Patricia McAlister, their three children, three step-children, and their families;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate give honor to John D. McAlister, whose life has immensely benefitted many citizens of this state; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Patricia McAlister and each of the surviving family members.
Senators Deccio, Anderson and Franklin spoke to Senate Resolution 1997-8617.
INTRODUCTION OF SPECIAL GUESTS
Senator Deccio introduced Mrs. McAlister and members of the McAlister family, who were seated in the gallery.
MOTION
On motion of Senator Johnson, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 5008, by Senators Long, Hargrove, Franklin, Zarelli and Winsley (by request of Department of Social and Health) Services
Modifying the adoption support reconsideration program.
The bill was read the second time.
MOTION
On motion of Senator Long, the rules were suspended, Senate Bill No. 5008 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5008.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5008 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator Hale - 1. Excused: Senator Loveland - 1. SENATE BILL NO. 5008, 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. 5151, by Senators Roach, Johnson, Heavey, McCaslin, Loveland, Snyder and Winsley
Adjusting the jurisdictional amount for district courts.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5151 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5151.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5151 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator Hale - 1. Excused: Senator Loveland - 1. SENATE BILL NO. 5151, 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. 5048, by Senators Morton, Haugen and Prince
Changing the SR 2 spur to SR 41.
The bill was read the second time.
MOTION
On motion of Senator Morton, the rules were suspended, Senate Bill No. 5048 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator McCaslin, Senator Hale was excused.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5048.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5048 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Absent: Senator Sellar - 1. Excused: Senators Hale and Loveland - 2. SENATE BILL NO. 5048, 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. 5009, by Senators Long, Hargrove, Franklin, Zarelli, Sheldon, Winsley, Kohl and Patterson (by request of Department of Social and Health Services)
Authorizing interstate agreements to provide adoption assistance for special needs children.
MOTIONS
On motion of Senator Long, Substitute Senate Bill No. 5009 was substituted for Senate Bill No. 5009 and the substitute bill was advanced to second reading and read the second time.
On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 5009 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5009.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5009 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Hale and Loveland - 2. SUBSTITUTE SENATE BILL NO. 5009, 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. 5092, by Senators Roach, Swecker, Zarelli, Schow, Hochstatter, Bauer, McCaslin, Oke and Long
Penalizing disarming a law enforcement officer.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5092 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5092.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5092 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Hale and Loveland - 2. SENATE BILL NO. 5092, 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. 5109, by Senators Roach and Johnson
Dissolving limited liability companies.
The bill was read the second time.
MOTION
Senator Fairley moved that the following amendment be adopted:
On page 2, after line 11, insert the following: "Sec. 2. RCW 25.15.125 and 1994 c 211 s 303 are each amended to read as follows: (1) Except as otherwise provided by this chapter, the debts, obligations, and liabilities of a limited liability company, whether arising in contract, tort or otherwise, shall be solely the debts, obligations, and liabilities of the limited liability company; and no member or manager of a limited liability company shall be obligated personally for any such debt, obligation, or liability of the limited liability company solely by reason of being a member or acting as a manager of the limited liability company. (2) The provisions of subsection (1) shall not apply to a limited liability company unless that limited liability company maintains for itself and its member or members a policy of liability insurance, bond or other evidence of financial responsibility designated by rule by the state insurance commissioner in the amount of at least one million dollars. (((2))) (3) A member or manager of a limited liability company is personally liable for his or her own torts.”
POINT OF ORDER
Senator Roach: "Thank you, Mr. President, I would like to raise the issue of scope and object on this particular amendment. The amendment is outside the scope and object of the underlying bill. The bill's title and the scope of the bill addresses the dissolution of limited liability companies. It is a bill that modifies one section and one section only. The amendment goes into another section of the Limited Liability Company Act and addresses the payment of debts, obligations and liabilities. It, therefore, exceeds the scope and object of the underlying bill."
Further debate ensued.
MOTION
On motion of Senator Johnson, further consideration of Senate Bill No. 5109 was deferred.
PERSONAL PRIVILEGE
Senator Rossi: "A point of personal privilege, Mr. President. On Monday, I gave my first floor speech and I am new at this and I know that I am not very good at giving fancy speeches and I inflicted a lot of pain. Senator West was one of the first--he jumped up and told me how much pain he had from this. The first gift I had was this little chocolate fish from Boehm's candy in Issaquah. Issaquah is known for salmon days and that is what this represents and I am sure that many of you will, hopefully, appreciate this and it will help ease some of the pain.
"But you know, as I was getting on the elevator, Senator Heavey came over and told me how much pain he was really in and I could see it on his face--how much I had inflicted on this poor Senator--and so I had to come up with another gift, I felt. I just couldn't give it to him, so I gave it to everybody. That is the bottle of wine from the Snoqualmie Winery. Hopefully, you will have it with a good meal and enjoy. If you are ever going through Snoqualmie, stop at the winery. It is a beautiful place; it has a beautiful view of the entire Snoqualmie Valley. I hope you will forgive me; Senator Heavey I hope you find it in your heart to forgive me. Thank you very much."
MOTION
At 12:02 p.m., on motion of Senator Johnson, the Senate adjourned until 12:00 noon, Thursday, February 20, 1997.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate