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FIFTY-EIGHTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, March 11, 1997
The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Brown, Hargrove and Sellar. On motion of Senator Franklin, Senators Brown and Hargrove were excused. On motion of Senator Hale, Senator Sellar was excused.
The Sergeant at Arms Color Guard, consisting of Pages Candace Noyes and Antonio Iannarone, presented the Colors. Reverend Bruce Armstrong, pastor of the Lacey Presbyterian Church, 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.
MESSAGE FROM THE HOUSE
March 7, 1997
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1010,
SUBSTITUTE HOUSE BILL NO. 1047,
SUBSTITUTE HOUSE BILL NO. 1124,
HOUSE BILL NO. 1162,
SUBSTITUTE HOUSE BILL NO. 1314,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1360,
SUBSTITUTE HOUSE BILL NO. 1383,
SUBSTITUTE HOUSE BILL NO. 1393,
ENGROSSED HOUSE BILL NO. 1394,
SUBSTITUTE HOUSE BILL NO. 1395,
ENGROSSED HOUSE BILL NO. 1411,
HOUSE BILL NO. 1421,
HOUSE BILL NO. 1424,
SUBSTITUTE HOUSE BILL NO. 1491,
HOUSE BILL NO. 1593, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
SB 6057 by Senators Schow and Hargrove
AN ACT Relating to joint residential placement; amending RCW 26.09.004, 26.09.187, and 26.09.260; adding new sections to chapter 26.09 RCW; and creating a new section.
Referred to Committee on Law and Justice.
SB 6058 by Senators Swecker and Oke
AN ACT Relating to limiting public funding for abortions; amending RCW 9.02.100, 9.02.110, and 9.02.140; adding a new section to chapter 9.02 RCW; repealing RCW 9.02.160; and declaring an emergency.
Referred to Committee on Ways and Means.
SJM 8013 by Senators Benton, Patterson, Morton and Oke
Petitioning Congress to recognize the significant burden to the roadways and border crossings from the North American Free Trade Agreement.
Referred to Committee on Transportation.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 1010 by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Mitchell, Hankins, Cairnes, Skinner and Mielke)
Establishing procedures for federal transportation pass-through moneys.
Referred to Committee on Transportation.
SHB 1047 by House Committee on Higher Education (originally sponsored by Representatives Carlson, Radcliff, Dunn and O'Brien)
Changing tuition waivers for members of the Washington national guard and employees of institutions of higher education.
Referred to Committee on Higher Education.
SHB 1124 by House Committee on Higher Education (originally sponsored by Representatives Quall, Carlson, Mason, Radcliff, Hatfield, Chopp, Lantz, O'Brien, Kessler, Murray, Gombosky, Morris and Costa)
Requiring that information about state higher education support be given to students with their tuition and fee bills.
Referred to Committee on Higher Education.
HB 1162 by Representatives Dyer and Cody (by request of Department of Social and Health Services)
Providing for delegation of lien and subrogation rights to medical health care systems by contract.
Referred to Committee on Health and Long-Term Care.
SHB 1314 by House Committee on Law and Justice (originally sponsored by Representatives Bush, Cooper, Carrell, Wood, Smith, Lambert, McDonald, Benson, Mielke, Cole, Talcott, Romero, Mastin, Scott, Sheahan, Lantz, L. Thomas, D. Schmidt, Cooke, Sherstad, Wensman and Dunn)
Computing the time within which an act is to be done.
Referred to Committee on Law and Justice.
ESHB 1360 by House Committee on Government Administration (originally sponsored by Representatives K. Schmidt, Scott, Zellinsky and Schoesler)
Allowing state patrol officers to engage in private employment.
Referred to Committee on Government Operations.
SHB 1383 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Sheahan, Dickerson, Ballasiotes, Constantine, Costa, Radcliff, McDonald, Mason, Schoesler, Mitchell, Blalock, L. Thomas, Sheldon, Wensman, Kenney and Kessler)
Establishing restitution for rape of a child.
Referred to Committee on Law and Justice.
SHB 1393 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Ballasiotes, Costa, Radcliff, O'Brien, Kessler, Blalock, Cody, Murray, Cole, Morris, Tokuda, Conway, Skinner and Kenney)
Regulating board of industrial insurance appeals.
Referred to Committee on Law and Justice.
EHB 1394 by Representatives Blalock, Costa, Radcliff, O'Brien and Skinner
Concerning the witnesses of an execution.
Referred to Committee on Law and Justice.
SHB 1395 by House Committee on Government Administration (originally sponsored by Representatives D. Sommers, Sheldon, Gombosky, Dunn, Cairnes, Sterk, D. Schmidt, Mulliken, Boldt, Benson, McMorris, Murray, Tokuda, Scott and Regala)
Clarifying procedures for filling vacancies.
Referred to Committee on Government Operations.
EHB 1411 by Representatives L. Thomas, Grant, Zellinsky, DeBolt and Benson
Authorizing the collection of fees for consumer loans.
Referred to Committee on Financial Institutions, Insurance and Housing.
HB 1421 by Representatives Mitchell, Ogden, Carlson, Scott, Fisher, Hickel, Costa, Robertson, Radcliff, Carrell, Lambert, Talcott, O'Brien and L. Thomas
Using transportation centers.
Referred to Committee on Transportation.
HB 1424 by Representatives Skinner and Murray
Revising provisions for kidney dialysis centers.
Referred to Committee on Health and Long-Term Care.
SHB 1491 by House Committee on Children and Family Services (originally sponsored by Representatives Cody, Cooke, Tokuda, Dyer, Murray, Ogden and Costa)
Changing references from guide or service dog to dog guide or service animal.
Referred to Committee on Human Services and Corrections.
HB 1593 by Representatives Scott, Zellinsky and Sheldon
Collecting solid waste or recyclables.
Referred to Committee on Transportation.
MOTION
On motion of Senator Rasmussen, the following resolution was adopted:
SENATE RESOLUTION 1997-8632
By Senator Rasmussen
WHEREAS, Washington is home to 930 dairy farms and 263,000 dairy cows; and
WHEREAS, Washington's dairy cows are the third most productive in America, averaging more than 3,800 pounds of milk per cow above the national average; and
WHEREAS, In the latest statistics, milk production in Washington increased four percent for a total annual production of 5.2 billion pounds in 1994; and
WHEREAS, Washington's livestock and livestock products established an all-time record high value, with milk as the number-one commodity in the category; and
WHEREAS, Our state's dairy farmers contribute approximately $700 million to the state's economy each year, a figure that has been increasing; and
WHEREAS, Milk production ranks second in dollar value among all of Washington's bountiful agricultural commodities; and
WHEREAS, In addition, many of Washington's manufactured dairy products, such as butter, cheeses, and ice cream, have seen remarkable increases in production and value in recent years; and
WHEREAS, Washington's dairy industry is actually older than the state itself; and
WHEREAS, The first creamery in Washington was started, at Cheney, in 1880, at a time when cattle outnumbered territorial residents by more than two-to-one; and
WHEREAS, Citizens throughout the state today honor this special industry with the annual Dairy Day celebration at the state capitol; and
WHEREAS, The Washington State Dairy Federation is the proud sponsor of this observance; and
WHEREAS, Lisa Watters, a graduate of Prairie High School in Vancouver, and a junior at Washington State University, is representing the dairy industry with distinction as the reigning Washington State Dairy Ambassador, as well as serving an eleven month internship with the Washington Dairy Products Commission; and
WHEREAS, Her alternates are Ann Bishop of Stanwood, who represents the Snohomish County dairy farmers; and Kari Kaech of Mount Vernon, a junior at Washington State University, who serves as Skagit County Dairy Ambassador; and
WHEREAS, Ted and Jean Oien of Stanwood are admirably representing the dairy farmers of Washington as the 1997 Washington State Dairy Family of the Year;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate acknowledge and honor the women and men whose work on dairy farms throughout Washington has contributed so much to the strength and vitality of our state and its economy, the character of our communities, and the general well-being of our citizens; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Washington State Dairy Ambassador Lisa Watters, alternates Ann Bishop and Kari Kaech, and to Ted and Jean Oien.
MOTION
On motion of Senator Johnson, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 5206, by Senators Wood, Kohl, Bauer, Winsley, Sheldon, Prince, Patterson, Hale and Jacobsen
Exempting Wyoming students admitted to the University of Washington's medical school from the tuition differential.
The bill was read the second time.
MOTION
On motion of Senator Wood, the rules were suspended, Senate Bill No. 5206 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. 5206.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5206 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 45. Voting nay: Senator Wojahn - 1. Excused: Senators Brown, Hargrove and Sellar - 3. SENATE BILL NO. 5206, 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.
PERSONAL PRIVILEGE
Senator Heavey: “Mr. President, a point of personal privilege. Thank you, Mr. President, and members of the body. I guess I believe in starting the day with getting the tough things over with. Approximately ten days ago, I caused some concern and some anger and probably even some amusement when I made several motions in an attempt to get to the ninth order of business. This was done during one of our pro forma situations and while I am mischievous by nature and I promise you, I will continue to be so, and I have made it patently clear that I believe the pro forma sessions are patently unconstitutional without a quorum. That said--it was done while many Senators and the President were preparing to go to the other body to honor former legislators who had passed away during the previous year. Because of that, I seriously believe and have been concerned that the timing of the motions was wrong and ill-considered. Personally, I have been greatly concerned that I unduly offended many of you.
“Therefore, I seek some atonement and reconciliation. I offended many of you; I was wrong and it was ill-considered. I sincerely apologize and seek your forgiveness. Thank you for listening and for your consideration.”
SECOND READING
SENATE BILL NO. 5219, by Senators Winsley, Long, Fraser, Bauer and Franklin (by request of Joint Committee on Pension Policy)
Transferring law enforcement officers' and fire fighters' retirement system plan I service.
The bill was read the second time.
MOTION
On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5219 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. 5219.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5219 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, 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 - 48. Excused: Senator Hargrove - 1. SENATE BILL NO. 5219, 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. 5363, by Senators Snyder, Haugen and Hargrove
Increasing the dollar amount allowed for contracts in which public officers have an interest.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 5363 was substituted for Senate Bill No. 5363 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5363 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5363.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5363 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Voting nay: Senators Anderson, Newhouse, Prince and Sheldon - 4. SUBSTITUTE SENATE BILL NO. 5363, 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. 5421, by Senators Schow, Newhouse, Prentice and Horn (by request of Gambling Commission)
Updating provisions about the seizure and forfeiture of gambling-related property.
MOTIONS
On motion of Senator Schow, Substitute Senate Bill No. 5421 was substituted for Senate Bill No. 5421 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 5421 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. 5421.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5421 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, 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 - 49. SUBSTITUTE SENATE BILL NO. 5421, 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. 5492, by Senators Loveland, Sellar, Prince and Hale (by request of Department of Community, Trade, and Economic Development)
Establishing a rural development council.
MOTIONS
On motion of Senator Schow, Substitute Senate Bill No. 5492 was substituted for Senate Bill No. 5492 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 5492 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5492.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5492 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, 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 - 49. SUBSTITUTE SENATE BILL NO. 5492, 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 Johnson, the Senate advanced to the ninth order of business.
MOTION FOR RECONSIDERATION
Prior notice being given, Senator Horn moved to reconsider the vote by which Substitute Senate Bill No. 5030 failed to pass the Senate, The President declared the question before the Senate to be the motion by Senator Horn to reconsider the vote by which Substitute Senate Bill No. 5030 failed to pass the Senate.
The motion for reconsideration of the bill passed on a rising vote.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5030, on reconsideration.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5030, on reconsideration, and the bill passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 26. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheldon, Snyder, Spanel, Swanson and Wojahn - 23. SUBSTITUTE SENATE BILL NO. 5030, on reconsideration, 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 Johnson, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 5503, by Senators Anderson, Kohl, Winsley, Bauer, Hale, Wood, McAuliffe, Goings, Spanel and Patterson (by request of State Board for Community and Technical Colleges)
Adopting recommendations of the state board for community and technical colleges regarding the 1991 merger of community and technical colleges.
The bill was read the second time.
MOTION
On motion of Senator Anderson, the rules were suspended, Senate Bill No. 5503 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. 5503.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5503 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, 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 - 48. Excused: Senator Hargrove - 1. SENATE BILL NO. 5503, 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. 5743, by Senators Wood, Kohl, Hale and Kline (by request of Department of Revenue)
Creating a leasehold excise tax exemption for organizations qualified under section 501(c)(3) of the internal revenue code that provide student housing.
The bill was read the second time.
MOTION
On motion of Senator Wood, the rules were suspended, Senate Bill No. 5743 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. 5743.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5743 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, 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 - 49. SENATE BILL NO. 5743, 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. 5035, by Senator Roach
Providing a rebuttable presumption that the possessor of stolen mail has knowledge that the mail is stolen.
MOTIONS
On motion of Senator Roach, Substitute Senate Bill No. 5035 was substituted for Senate Bill No. 5035 and the substitute bill was placed on second reading and read the second time.
Senator Fairley moved that the following amendment be adopted:
On page 3, line 18 after "wife and were" strike "living" and insert "residing in, and intended to continually reside in," Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Fairley on page 3, line 18, to Substitute Senate Bill No. 5035.
The motion by Senator Fairley carried and the amendment was adopted.
MOTION
Senator Haugen moved that the following amendment be adopted:
On page 10, beginning on line 19, strike all of section 10 Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Haugen on page 10, line 19, to Substitute Senate Bill No. 5035.
The motion by Senator Haugen carried and the amendment was adopted on a rising vote.
MOTIONS
On motion of Senator Roach, the following title amendments were considered simultaneously and adopted:
On page 1, line 2 of the title, after "9A RCW;" insert "and" On page 1, line 3 of the title, after "penalties" strike "; and declaring an emergency" On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 5035 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. 5035.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5035 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Voting nay: Senators Fairley, Heavey and Swanson - 3. ENGROSSED SUBSTITUTE SENATE BILL NO. 5035, 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. 5479, by Senators Benton, West, Hochstatter, Swecker, McDonald and Oke
Changing time periods for provisional status for certificated employees.
MOTIONS
On motion of Senator Hochstatter, Substitute Senate Bill No. 5479 was substituted for Senate Bill No. 5479 and the substitute bill was placed on second reading and read the second time.
Senator McAuliffe moved that the following amendment by Senators McAuliffe, Rasmussen and Goings be adopted:
On page 1, line 10, after “district” strike all the material down to and including “district))” and insert “, unless the employee has previously completed at least two years of certificated employment in another school district in the state of Washington, in which case the employee shall be subject to nonrenewal of employment contract pursuant to this section during the first year of employment with the new district" Debate ensued.
Senator Sheldon demanded a roll call and the demand was sustained.
Further debate ensued.
MOTION
On motion of Senator Sheldon, and there being no objection, the demand for a roll call was withdrawn.
The President declared the question before the Senate to be the adoption of the amendment by Senators McAuliffe, Rasmussen and Goings on page 1, line 10, to Substitute Senate Bill No. 5479.
The motion by Senator McAuliffe carried and the amendment was adopted.
MOTION
Senator McAuliffe moved that the following amendment by Senators McAuliffe, Rasmussen and Goings be adopted:
On page 2, line 10, after “RCW 28A.405.100.” insert “During the second year of employment, an employee shall be notified before February 1 preceding the commencement of the third year of employment whether or not his or her performance needs improvement and a plan shall be developed with the employee to help the employee improve performance.” Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators McAuliffe, Rasmussen and Goings on page 2, line 10, to Substitute Senate Bill No. 5479.
The motion by Senator McAuliffe failed and the amendment was not adopted.
MOTION
On motion of Senator Hochstatter, the rules were suspended, Engrossed Substitute Senate Bill No. 5479 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. 5479.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5479 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Voting nay: Senators Prentice and Swanson - 2. ENGROSSED SUBSTITUTE SENATE BILL NO. 5479, 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. 5082, by Senators Hargrove, Long, Franklin, Oke and Winsley
Revising procedures for mental health and chemical dependency treatment for minors.
MOTIONS
On motion of Senator Long, Substitute Senate Bill No. 5082 was substituted for Senate Bill No. 5082 and the substitute bill was placed on second reading and read the second time.
Senator Kohl moved that the following amendments be considered simultaneously and be adopted:
Beginning on page 6, at the beginning of line 27, strike all material through "section" on page 7, line 19 and insert the following: "(2) The department shall ensure a review is conducted no later than sixty days following admission to determine whether it is medically appropriate to continue the child's treatment on an inpatient basis. The department may, subject to available funds, contract with a county for the conduct of the review conducted under this subsection and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract. If the county-designated mental health professional determines that continued inpatient treatment of the child is no longer medically appropriate, the professional shall notify the facility, the child, the child's parents, and the department of the finding within twenty-four hours of the determination. (3) For purposes of eligibility for medical assistance under chapter 74.09 RCW, children in inpatient mental health or chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the child has been assessed by the department of social and health services or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the child's parents are found to not be exercising responsibility for care and control of the child. Payment for such care by the department of social and health services shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.)) The department shall, at thirty-day intervals following the judicial review conducted under RCW 71.34.080"
On page 7, at the beginning on line 25, strike all material through "of" and insert the following: "(2) In making a determination under" On page 7, at the beginning of line 31, strike "(4)" and insert "(3)" On page 8, at the beginning of line 5, strike "(5)" and insert "(4)" On page 8, beginning on line 6, after "required by" strike "subsections (1) and (2) of" On page 8, at the beginning of line 8, strike "(6)" and insert "(5)" On page 14, after line 32, insert the following: "NEW SECTION. Sec. 15. A new section is added to chapter 71.34 RCW to read as follows: (1) A judicial hearing shall be held within seventy-two hours of the minor's admission to inpatient mental health treatment under section 13 of this act. The seventy-two hours excludes Saturday, Sunday, and holidays, unless a continuance is requested by the minor or the minor's attorney. (2) The hearing shall be conducted at the superior court or an appropriate place at the facility in which the minor is being detained. (3) At the hearing, the evidence in support of the petition shall be presented by the treatment provider. (4) The minor shall be present at the hearing unless the minor, with the assistance of the minor's attorney, waives the right to be present at the hearing. (5) If the parents are opposed to the child's admission to treatment, they may be represented at the hearing and shall be entitled to court-appointed counsel if they are indigent. (6) At the hearing, the minor shall have the following rights: (a) To be represented by an attorney; (b) To present evidence on his or her own behalf; (c) To question persons testifying in support of the petition. (7) If the minor has received medication within twenty-four hours of the hearing, the court shall be informed of that fact and of the probable effects of the medication. (8) Rules of evidence shall not apply to this hearing. (9) For continued inpatient treatment, the court must find by a preponderance of the evidence that: (a) Continued inpatient mental health treatment is medically appropriate for the minor; and (b) The minor is in need of evaluation and treatment of the type provided by the inpatient evaluation and treatment facility to which continued inpatient care is sought and the minor is not suitable for a less restrictive treatment alternative. (10) If the court finds that the minor meets the criteria, the court shall authorize continued inpatient treatment subject to the reviews conducted under RCW 71.34.025. If the court determines that the minor does not meet the criteria, the minor shall be released. (11) Nothing in this section prohibits the professional person in charge of the evaluation and treatment facility from releasing the minor at any time, when, in the opinion of the professional person in charge of the facility, further inpatient treatment is no longer necessary." Renumber the remaining sections consecutively and correct any internal references accordingly. On page 20, after line 27, insert the following: "NEW SECTION. Sec. 22. A new section is added to chapter 70.96A RCW to read as follows: (1) A judicial hearing shall be held within seventy-two hours of the minor's admission to inpatient mental health treatment under section 21 of this act. The seventy-two hours excludes Saturday, Sunday, and holidays, unless a continuance is requested by the minor or the minor's attorney. (2) The hearing shall be conducted at the superior court or an appropriate place at the facility in which the minor is being detained. (3) At the hearing, the evidence in support of the petition shall be presented by the treatment provider. (4) The minor shall be present at the hearing unless the minor, with the assistance of the minor's attorney, waives the right to be present at the hearing. (5) If the parents are opposed to the child's admission to treatment, they may be represented at the hearing and shall be entitled to court-appointed counsel if they are indigent. (6) At the hearing, the minor shall have the following rights: (a) To be represented by an attorney; (b) To present evidence on his or her own behalf; (c) To question persons testifying in support of the petition. (7) If the minor has received medication within twenty-four hours of the hearing, the court shall be informed of that fact and of the probable effects of the medication. (8) Rules of evidence shall not apply to this hearing. (9) For continued inpatient treatment, the court must find by a preponderance of the evidence that: (a) Continued inpatient mental health treatment is medically appropriate for the minor; and (b) The minor is in need of evaluation and treatment of the type provided by the inpatient evaluation and treatment facility to which continued inpatient care is sought and the minor is not suitable for a less restrictive treatment alternative. (10) If the court finds that the minor meets the criteria, the court shall authorize continued inpatient treatment subject to the reviews conducted under RCW 71.34.025. If the court determines that the minor does not meet the criteria, the minor shall be released. (11) Nothing in this section prohibits the professional person in charge of the evaluation and treatment facility from releasing the minor at any time, when, in the opinion of the professional person in charge of the facility, further inpatient treatment is no longer necessary." Renumber the remaining sections consecutively and correct any internal references accordingly. Beginning on page 20, at the beginning of line 36, strike all material through "(2) of" on page 21, line 34, and insert "(2) The department shall ensure a review is conducted no later than sixty days following admission to determine whether it is medically appropriate to continue the child's treatment on an inpatient basis. The department may, subject to available funds, contract with a county for the conduct of the review conducted under this subsection and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract. If the county-designated chemical dependency specialist determines that continued inpatient treatment of the child is no longer medically appropriate, the specialist shall notify the facility, the child, the child's parents, and the department of the finding within twenty-four hours of the determination. (3) For purposes of eligibility for medical assistance under chapter 74.09 RCW, children in inpatient mental health or chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the child has been assessed by the department of social and health services or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the child's parents are found to not be exercising responsibility for care and control of the child. Payment for such care by the department of social and health services shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.)) The department shall, at thirty-day intervals following the judicial review conducted under section 22 of this act, conduct reviews of the treatment status of each minor admitted to inpatient treatment, under section 21 of this act, to determine whether it is medically appropriate to continue the minor's treatment under inpatient status. The reviews shall be conducted by a professional person at the department or at a contracted agency. (2) In making a determination under" On page 22, line 1, strike "(4)" and insert "(3)" On page 22, line 14, strike "(5)" and insert "(4)" Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Kohl on pages 6, 7, 8, 14, 20, and 22 to Substitute Senate Bill No. 5082.
The motion by Senator Kohl failed and the amendments were not adopted.
MOTION
Senator Kohl moved that the following amendments be considered simultaneously and be adopted:
On page 10, line 35, after "(1)" strike "Any provider of" and insert the following: "Any licensed or certified professional person who is a provider of outpatient mental health treatment and who provides outpatient treatment to a minor thirteen years of age or older shall provide notice of the minor's request for treatment to the minor's parents if: (a) The minor signs a written consent authorizing the disclosure; or (b) such professional person determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure. The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and telephone number of the mental health facility providing treatment, and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for treatment with the parent. (2) Any provider other than those in subsection (1) of this section who provides mental health" On page 11, at the beginning of line 3, strike "(2)" and insert "(3)" Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Kohl on page 10, line 35, and page 11, at the beginning of line 3, to Substitute Senate Bill No. 5082.
The motion by Senator Kohl failed and the amendments were not adopted.
MOTION
Senator Long moved that the following amendments by Senators Long and Hargrove be considered simultaneously and be adopted:
On page 13, line 25, after "minor" strike all material through "thirteen" and insert "admitted to inpatient treatment under section 8 or 13 of this act" On page 20, after line 27, insert the following: "(6) Any minor child admitted to inpatient treatment under this section shall be discharged immediately from inpatient treatment upon written request of the parent." Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Long and Hargrove on page 13, line 25, and page 20, after line 27, to Substitute Senate Bill No. 5082.
The motion by Senator Long carried and the amendments were adopted.
MOTION
Senator Kohl moved that the following amendments be considered simultaneously and be adopted:
On page 13, beginning on line 31, after "request" strike "that the" and insert "a" On page 13, line 33, after "treatment." insert "The professional person shall be an independent, unbiased professional who has no fiduciary interest in, nor receives compensation from, the facility." On page 20, line 5, after "request" strike "that" On page 20, line 8, after "treatment." insert "The professional person shall be an independent, unbiased professional who has no fiduciary interest in, nor receives compensation from, the facility." Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Kohl on page 13, lines 31 and 33, and page 20, lines 5 and 8, to Substitute Senate Bill No. 5082.
The motion by Senator Kohl failed and the amendments were not adopted.
MOTION
Senator Franklin moved that the following amendment by Senators Franklin, Long and Hargrove be adopted:
On page 14, line 21, after "social worker" insert ", unless the social worker is appropriately trained and qualified by education and experience, as defined by the department, in psychiatric social work" Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Franklin, Long and Hargrove on page 14, line 21, to Substitute Senate Bill No. 5082.
The motion by Senator Franklin carried and the amendment was adopted.
MOTION
Senator Franklin moved that the following amendment by Senators Franklin, Long and Hargrove be adopted:
On page 23, after line 13, insert the following: "NEW SECTION. Sec. 27. The department of social and health services shall adopt rules defining "appropriately trained professional person" for the purposes of conducting mental health and chemical dependency evaluations under sections 13(3), 14(1), 21(3), and 23(1) of this act." Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Franklin, Long and Hargrove on page 23, after line 13, to Substitute Senate Bill No. 5082.
The motion by Senator Franklin carried and the amendment was adopted.
MOTION
On motion of Senator Long, the rules were suspended, Engrossed Substitute Senate Bill No. 5082 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Swanson: “Will the maker of this bill yield to an inquiry--a question--whoever made this bill up?”
REPLY BY THE PRESIDENT
President Owen: “Senator Hargrove, do you yield? He yields.”
Senator Swanson: “One of the concerns I have--I received a call yesterday from one of the county commissioners about unfunded mandates. Does this bill have any unfunded mandates that would affect cities and counties?”
Senator Hargrove: “Not to my knowledge. It has some responsibilities for the Department of Social and Health Services, but no additional responsibilities for counties. In fact, it probably would have less responsibilities than had we passed the amendments that we defeated. If we had passed those, then we probably would have added some. So, ‘no,' it doesn’t.”
Further 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. 5082.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5082 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 14; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 35. Voting nay: Senators Brown, Fairley, Fraser, Heavey, Jacobsen, Kline, Kohl, McAuliffe, Patterson, Sheldon, Spanel, Swanson, Thibaudeau and Wojahn - 14. ENGROSSED SUBSTITUTE SENATE BILL NO. 5082, 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 10:33 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 11:43 a.m. by President Owen.
SECOND READING
SENATE BILL NO. 5133, by Senators Zarelli and Schow
Prohibiting censorship of United States and Washington history.
MOTIONS
On motion of Senator Hochstatter, Substitute Senate Bill No. 5133 was substituted for Senate Bill No. 5133 and the substitute bill was placed on second reading and read the second time.
Senator McAuliffe moved that the following amendment by Senators McAuliffe and Goings be adopted:
On page 1, line 8, strike “religious” Debate ensued.
POINT OF INQUIRY
Senator Finkbeiner: “Senator McAuliffe, what part of this bill would open up school prayer in any way in our public schools? I don’t see the word ‘prayer’ listed in this bill. I understand your concern about the posting of the writings of our founding fathers, but what part would specifically open up prayer in our public schools?”
Senator McAuliffe: “This bill would permit any prayer, if it was included in writings or speeches of our founding fathers, to be read or posted in any class. So, in a shop class, a student may walk in and you would have a prayer that comes from our forefathers posted in that shop class. That would be bringing prayer into a class that has no context to the curriculum.”
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators McAuliffe and Goings on page 1, line 8, to Substitute Senate Bill No. 5133.
The motion by Senator McAuliffe failed and the amendment was not adopted.
MOTION
Senator McAuliffe moved that the following amendment by Senators McAuliffe and Goings be adopted:
On page 1, line 13, after “Washington” insert “when consistent with the curriculum being taught” Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators McAuliffe and Goings on page 1, line 13, to Substitute Senate Bill No. 5133.
The motion by Senator McAuliffe failed and the amendment was not adopted.
MOTION
Senator McAuliffe moved that the following amendment by Senators McAuliffe and Goings be adopted:
On page 1, line 13, after "Washington." insert "Nothing in this section shall be construed to permit any historical document to be used as either a written or verbal prayer in any public school building, public school classroom, or event sponsored by a public school under circumstances that would violate Article 1, section 11 and Article 9, section 4 of the state Constitution." Debate ensued.
Senator Sheldon 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 McAuliffe and Goings on page 1, line 13, to Substitute Senate Bill No. 5133.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Haugen, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, Winsley and Wojahn - 22. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Heavey, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Wood and Zarelli - 27.
MOTION
On motion of Senator Hochstatter, the rules were suspended, Substitute Senate Bill No. 5133 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. 5133.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5133 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 30. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 19. SUBSTITUTE SENATE BILL NO. 5133, 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. 5763, by Senators Finkbeiner, Brown, Rossi, McAuliffe, Roach, Kohl, Jacobsen, Hochstatter, Haugen, Goings and West
Prohibiting the taxation of internet service providers as network telephone service providers.
MOTIONS
On motion of Senator Finkbeiner, Substitute Senate Bill No. 5763 was substituted for Senate Bill No. 5763 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Finkbeiner, the rules were suspended, Substitute Senate Bill No. 5763 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. 5763.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5763 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, 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 - 49. SUBSTITUTE SENATE BILL NO. 5763, 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 12:21 p.m., on motion of Senator Johnson, the Senate recessed until 1:30 p.m.
The Senate was called to order at 1:32 p.m. by President Owen.
At 1:32 p.m., there being no objection, President Owen declared the Senate to be at ease.
The Senate was called to order at 1:35 p.m. by President Owen.
SECOND READING
SENATE BILL NO. 5513, by Senators Oke, Spanel, Wood and Horn
Excepting certain vessels from registration.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 5513 was substituted for Senate Bill No. 5513 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 5513 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Hale, Senator Finkbeiner was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5513.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5513 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Wojahn, Wood and Zarelli - 45. Absent: Senators Brown, McCaslin and Winsley - 3. Excused: Senator Finkbeiner - 1. SUBSTITUTE SENATE BILL NO. 5513, 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. 5593, by Senators Oke and Rasmussen (by request of Department of Revenue)
Excluding materials purchased by farmers to improve wildlife habitat or forage from the definition of "sale at retail" or "retail sale" for tax purposes.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Senate Bill No. 5593 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. 5593.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5593 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, 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 - 49. SENATE BILL NO. 5593, 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. 5017, by Senator Roach (by request of Statute Law Committee)
Making technical corrections affecting the department of financial institutions.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5017 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. 5017.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5017 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, 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 - 49. SENATE BILL NO. 5017, 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 Johnson, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Sheldon, the following resolution was adopted.
SENATE RESOLUTION 1997-8634
By Senators Sheldon and Rasmussen
WHEREAS, The citizens of the state of Washington have lost a loyal and dedicated public servant with the passing of Thomas J. Kenyon; and
WHEREAS, Many lives were saved by his commitment to the community in providing emergency medical services; and
WHEREAS, He spent hundreds of hours teaching his craft to other professionals and the general public, resulting in significant contributions to his profession that will be reflected in the careers of his colleagues for years to come; and
WHEREAS, He also found time to participate in the political process on behalf of his profession, fellow firefighters and the general public; and
WHEREAS, His dedication to his profession was surpassed only by his love for his wife and infant daughter; and
WHEREAS, We share the sense of loss felt by many throughout the state of Washington;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby formally convey our most sincere condolences to the family of Thomas J. Kenyon, and we hereby urge all citizens of the state of Washington to join us in recognizing and honoring his life of service.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced Mrs. Thomas J. Kenyon, who was seated in the gallery.
MOTION
On motion of Senator Johnson, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 5483, by Senators Johnson, Oke, Snyder, Prentice, Kohl, Rossi, Spanel, Swecker and Schow
Licensing whitewater river outfitters.
MOTIONS
On motion of Senator Johnson, Substitute Senate Bill No. 5483 was substituted for Senate Bill No. 5483 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 5483 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. 5483.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5483 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Voting nay: Senators Benton, Finkbeiner, Hochstatter and Morton - 4. SUBSTITUTE SENATE BILL NO. 5483, 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. 5348, by Senators Roach, Long, Zarelli, Wood, Bauer, McCaslin, Johnson, Oke, Rossi, Swecker, Benton, Anderson, Hargrove, Patterson, Goings, Heavey, Snyder, Winsley, Strannigan, Schow and Rasmussen
Adding additional circumstances for the commission of aggravated first degree murder.
MOTIONS
On motion of Senator Roach, Substitute Senate Bill No. 5348 was substituted for Senate Bill No. 5348 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 5348 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. 5348.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5348 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 11; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wood and Zarelli - 38. Voting nay: Senators Brown, Fairley, Franklin, Heavey, Kline, Kohl, McAuliffe, Prentice, Spanel, Thibaudeau and Wojahn - 11. SUBSTITUTE SENATE BILL NO. 5348, 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 Senate resumed consideration of Substitute Senate Bill No. 5526, deferred on second reading March 10, 1997, after Senator Morton had moved that an amendment on page 2, line 26, be adopted and Senator Fraser had demanded a roll call with the demand being sustained.
MOTION
On motion of Senator Morton, and there being no objection, the amendment on page 2, line 26, to Substitute Senate Bill No. 5526, was withdrawn.
MOTION
On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 5526 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. 5526.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5526 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 29. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Goings, Heavey, Jacobsen, Kline, Kohl, Loveland, Patterson, Prentice, Rasmussen, Roach, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 20. SUBSTITUTE SENATE BILL NO. 5526, 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. 5203, by Senators Roach, Johnson, Hargrove, Zarelli, Benton, Goings, Oke and Long
Making a defendant's knowledge that a murder victim was pregnant aggravated first degree murder.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5203 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Swecker, Senators Anderson and Hale were excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5203.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5203 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 9; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Benton, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wood and Zarelli - 37. Voting nay: Senators Brown, Fairley, Heavey, Kline, Kohl, Prentice, Spanel, Thibaudeau and Wojahn - 9. Absent: Senator McCaslin - 1. Excused: Senators Anderson and Hale - 2. SENATE BILL NO. 5203, 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. 5511, by Senators Stevens, Hargrove, Zarelli, Haugen, Benton, Strannigan, Rasmussen, Hochstatter, Schow and Goings
Modifying provisions relating to retention of reports of child abuse or neglect.
MOTIONS
On motion of Senator Stevens, Substitute Senate Bill No. 5511 was substituted for Senate Bill No. 5511 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Stevens, the rules were suspended, Substitute Senate Bill No. 5511 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. 5511.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5511 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Rossi, Schow, Sellar, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Voting nay: Senator Sheldon - 1. Absent: Senator Roach - 1. Excused: Senators Anderson and Hale - 2. SUBSTITUTE SENATE BILL NO. 5511, 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. 5222, by Senators Fraser, Winsley, Long, Bauer and Franklin (by request of Joint Committee on Pension Policy)
Retirement benefits based on excess compensation.
The bill was read the second time.
MOTION
On motion of Senator Long, the rules were suspended, Senate Bill No. 5222 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. 5222.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5222 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, 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 Anderson and Hale - 2.
SENATE BILL NO. 5222, 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. 5112, by Senators Oke and Winsley
Providing property tax refund interest from the date of collection.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 5112 was substituted for Senate Bill No. 5112 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 5112 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 Franklin, Senator Kline was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5112.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5112 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 43. Voting nay: Senators Kohl, Snyder and Thibaudeau - 3. Excused: Senators Anderson, Hale and Kline - 3. SUBSTITUTE SENATE BILL NO. 5112, 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. 5642, by Senators Spanel and Oke
Regulating the taking of dungeness crab in Puget Sound.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Senate Bill No. 5642 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. 5642.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5642 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, 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 - 46. Excused: Senators Anderson, Hale and Kline - 3. SENATE BILL NO. 5642, 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. 5395, by Senators West, Hochstatter and Spanel (by request of Office of Financial Management)
Changing the formula for determining average salaries for certificated instructional staff.
The bill was read the second time.
MOTION
On motion of Senator Johnson, the rules were suspended, Senate Bill No. 5395 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. 5395.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5395 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 30. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheldon, Snyder, Spanel and Swanson - 18. Excused: Senator Kline - 1. SENATE BILL NO. 5395, 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. 5070, by Senators Haugen and McCaslin
Allowing for reasonable use exceptions in the development of certain lands.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 5070 was substituted for Senate Bill No. 5070 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5070 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. 5070.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5070 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, 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 - 48. Excused: Senator Kline - 1. SUBSTITUTE SENATE BILL NO. 5070, 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 JOINT MEMORIAL NO. 8010, by Senators Strannigan and Oke
Encouraging the federal government to enact laws permitting airbag deactivation switches to be installed in new and used vehicles.
MOTIONS
On motion of Senator Strannigan, Substitute Senate Joint Memorial No. 8010 was substituted for Senate Joint Memorial No. 8010 and the substitute joint memorial was placed on second reading and read the second time.
On motion of Senator Strannigan, the rules were suspended, Substitute Senate Joint Memorial No. 8010 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 Substitute Senate Joint Memorial No. 8010.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Joint Memorial No. 8010 and the joint memorial passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, 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 - 48. Absent: Senator Brown - 1.
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8010, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 5480, by Senators Wood, Haugen, Horn, Prentice, Sellar, Oke and Winsley
Authorizing city and town transportation funding.
MOTIONS
On motion of Senator Wood, Substitute Senate Bill No. 5480 was substituted for Senate Bill No. 5480 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Wood, the rules were suspended, Substitute Senate Bill No. 5480 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Fraser: “Senator Wood, my question is, does this amount to--is this bill a property tax increase bill--question one, and the other is, would it vary the revenue by year depending on how much of the property tax the junior districts were using?”
Senator Wood: “The property--I don’t consider it a property tax bill, but the piece about the junior taxing districts is already there. It just hasn’t been used. It is not another piece of tax. This would be a portion of the property tax that has not been used by the junior taxing districts.”
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5480.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5480 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Sellar, Sheldon, Snyder, Spanel, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 40. Voting nay: Senators Benton, Heavey, Hochstatter, Roach, Rossi, Schow, Stevens, Strannigan and Zarelli - 9. SUBSTITUTE SENATE BILL NO. 5480, 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. 5364, by Senator Snyder
Authorizing counties to designate an unclassified position for their 911 emergency communications systems.
The bill was read the second time.
MOTION
On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 5364 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. 5364.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5364 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, 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 - 49. SENATE BILL NO. 5364, 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. 5462, by Senators Hale, Anderson, Haugen, Patterson, Goings, McCaslin and Winsley
Changing local government permit timeline provisions.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 5462 was substituted for Senate Bill No. 5462 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5462 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 McCaslin, Senator Schow was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5462.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5462 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 6; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wood and Zarelli - 41. Voting nay: Senators Fraser, Heavey, Kline, Prentice, Thibaudeau and Wojahn - 6. Absent: Senator McAuliffe - 1. Excused: Senator Schow - 1. SUBSTITUTE SENATE BILL NO. 5462, 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. 5146, by Senators Winsley, Fraser, Roach, Anderson and Patterson
Adding an additional member to the state investment board, representing a retired member of the teachers' retirement system.
MOTIONS
On motion of Senator Winsley, Substitute Senate Bill No. 5146 was substituted for Senate Bill No. 5146 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 5146 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. 5146.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5146 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Schow - 1. SUBSTITUTE SENATE BILL NO. 5146, 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. 5732, by Senators Benton, Heavey and Oke
Delivering the cancellation notice for an insurance policy.
The bill was read the second time.
MOTION
On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5732 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. 5732.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5732 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Schow - 1. SENATE BILL NO. 5732, 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. 5464, by Senators Kohl, Wood, Jacobsen, Winsley, Bauer, Hale, Patterson, Prince, Brown, Spanel, Sheldon, McAuliffe, Wojahn, Franklin, Thibaudeau, Snyder and Kline
Extending gender equity provisions.
MOTIONS
On motion of Senator Wood, Substitute Senate Bill No. 5464 was substituted for Senate Bill No. 5464 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Wood, the rules were suspended, Substitute Senate Bill No. 5464 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. 5464.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5464 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, 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 - 49. SUBSTITUTE SENATE BILL NO. 5464, 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. 5517, by Senators Wood, Kohl, Bauer, Patterson, Winsley, Brown, Goings, Fraser, Loveland, Benton, Sellar, Franklin and Oke
Requiring one student member on each state institution of higher education's governing board.
The bill was read the second time.
MOTION
On motion of Senator Wood, the rules were suspended, Senate Bill No. 5517 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. 5517.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5517 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 17; Absent, 2; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Horn, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Oke, Patterson, Rasmussen, Rossi, Sellar, Snyder, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 30. Voting nay: Senators Anderson, Deccio, Heavey, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Prince, Roach, Schow, Sheldon, Spanel, Stevens, West and Zarelli - 17. Absent: Senators Newhouse and Prentice - 2. SENATE BILL NO. 5517, 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 JOINT MEMORIAL NO. 8001, by Senators Hargrove, McCaslin, Snyder, Patterson and Oke
Petitioning for a plaque honoring veterans dying from war-related injuries received in the southeast Asia theater of operations.
The joint memorial was read the second time.
MOTIONS
On motion of Senator Hargrove, the following amendment by Senators Hargrove and McCaslin was adopted:
On page 1, beginning on line 18, strike all material through "operations; and" on line 20, and insert the following: "WHEREAS, Joel Dean Smith, deceased spouse of Bonne Smith, who sustained massive war-related injuries that resulted in the amputation of both legs at the hip and who suffered physically and emotionally for over twenty years is representative of many thousands of Washington state residents who have died and will die from war-related injuries received in the southeast Asia theater of operations; and" On motion of Senator McCaslin, the rules were suspended, Engrossed Senate Joint Memorial No. 8001 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Hale, Senator Newhouse was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Joint Memorial No. 8001.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Joint Memorial No. 8001 and the joint memorial passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Newhouse - 1. ENGROSSED SENATE JOINT MEMORIAL NO. 8001, having received the constitutional majority, was declared passed.
MOTION
At 4:16 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 4:59 p.m. by President Owen.
SECOND READING
SENATE BILL NO. 5331, by Senators Swecker and Fraser (by request of Department of Ecology)
Revising provisions for solid waste permits.
The bill was read the second time.
MOTION
On motion of Senator Morton, the rules were suspended, Senate Bill No. 5331 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. 5331.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5331 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, 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: Senators Hargrove and McDonald - 2. SENATE BILL NO. 5331, 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. 5086, by Senators Roach, McDonald, Schow, Swecker, Johnson, McCaslin, Oke and Long
Prohibiting mandatory child support for postsecondary education of adult children.
The bill was read the second time.
MOTION
Senator Kline moved that the following amendment be adopted:
On page 4, line 15, after "may" insert: "not" and on line 17, after "(this act)" strike the remainder of the subsection. Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Kline on page 4, line 15, to Senate Bill No. 5086.
The motion by Senator Kline failed and the amendment was not adopted.
MOTION
Senator Spanel moved that the following amendment be adopted:
On page 4, after line 23, insert the following: "Sec. 4. RCW 26.09.175 and 1992 c 229 s 3 are each amended to read as follows: (1) A proceeding for the modification of an order of child support shall commence with the filing of a petition and worksheets. The petition shall be in the form prescribed by the administrator for the courts. There shall be a fee of twenty dollars for the filing of a petition for modification of dissolution. (2) The petitioner shall serve upon the other party the summons, a copy of the petition, all financial documentation required to make a determination under RCW 26.19.071, and the worksheets in the form prescribed by the administrator for the courts. If the modification proceeding is the first action filed in this state, service shall be made by personal service. If the decree to be modified was entered in this state, service shall be by personal service or by any form of mail requiring a return receipt. If the support obligation has been assigned to the state pursuant to RCW 74.20.330 or the state has a subrogated interest under RCW 74.20A.030, the summons, petition, all financial documentation required to make a determination under RCW 26.19.071, and worksheets shall also be served on the attorney general. Proof of service shall be filed with the court. (3) The responding party's answer, all financial documentation required to make a determination under RCW 26.19.071, and worksheets shall be served and the answer filed within twenty days after service of the petition or sixty days if served out of state. The responding party's failure to file an answer within the time required shall result in entry of a default judgment for the petitioner. (4) At any time after responsive pleadings are filed, either party may schedule the matter for hearing. (5) Unless both parties stipulate to arbitration or the presiding judge authorizes oral testimony pursuant to subsection (6) of this section, a petition for modification of an order of child support shall be heard by the court on affidavits, the petition, answer, and worksheets only. (6) A party seeking authority to present oral testimony on the petition to modify a support order shall file an appropriate motion not later than ten days after the time of notice of hearing. Affidavits and exhibits setting forth the reasons oral testimony is necessary to a just adjudication of the issues shall accompany the petition. The affidavits and exhibits must demonstrate the extraordinary features of the case. Factors which may be considered include, but are not limited to: (a) Substantial questions of credibility on a major issue; (b) insufficient or inconsistent discovery materials not correctable by further discovery; or (c) particularly complex circumstances requiring expert testimony. (7) The court may require payment of attorneys' fees and may dismiss the petition without prejudice if a party fails to provide information required under this section." Renumber the remaining sections consecutively and correct internal references accordingly. Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Spanel on page 4, line 23, to Senate Bill No. 5086.
The motion by Senator Spanel failed and the amendment was not adopted.
MOTION
Senator Thibaudeau moved that the following amendments be considered simultaneously and be adopted: On page 1, line 10, after "education." strike the remainder of the section and insert "The legislature declares determining the amount of, if any, postsecondary support to be provided adult children is primarily the responsibility of the parents regardless of their marital status and should be the subject of judicial consideration only when extraordinary circumstances exist. Consequently, the legislature intends to modify the ruling in Childers v. Childers, 84 Wn. 2d 592 (1978) and cases which follow the Childers precedent." On page 2, line 10, after "age" insert "unless the court finds the child, due to his or her extreme financial hardship, will be unable to enroll in any course of study in any institution of higher education without such support, in which case the court may enter an order for support for such amount and under such circumstances as are reasonable, considering the circumstances of all parties" On page 2, after line 10, strike sections three through seven. Renumber the remaining section consecutively Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Thibaudeau on page 1, line 10; page 2, line 10; and page 2, after line 10; to Senate Bill No. 5086.
The motion by Senator Thibaudeau failed and the amendments were not adopted.
MOTION
Senator Patterson moved that the following amendments be considered simultaneously and be adopted:
On page 1, line 10 after "education." strike the remainder of the section and insert "The legislature declares determining the amount of, if any, postsecondary support to be provided adult children is primarily the responsibility of the parents regardless of their marital status and should be the subject of judicial consideration only when extraordinary circumstances exist. Consequently, the legislature intends to modify the ruling in Childers v. Childers, 84 Wn. 2d 592 (1978) and cases which follow the Childers precedent. On page 2, line 10, after "age" insert "unless the court finds there are exceptional medical circumstances such as the existence of the child's developmental or chronic functional disability, in which case the court may enter an order for such amount and under such circumstances as are reasonable, considering the circumstances of all parties" On page 2, after line 10, strike sections three through seven. Renumber the remaining section consecutively. Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Patterson on page 1, line 10; page 2, line 10; and page 2, after line 10; to Senate Bill No. 5086.
The motion by Senator Patterson carried and the amendments were adopted.
MOTION
Senator Brown moved that the following amendments be considered simultaneously and be adopted:
On page 1, line 10, after "education." strike the remainder of the section and insert "The legislature declares determining the amount of, if any, postsecondary support to be provided adult children is primarily the responsibility of the parents regardless of their marital status and should be the subject of judicial consideration only when extraordinary circumstances exist. Consequently, the legislature intends to modify the ruling in Childers v. Childers, 84 Wn. 2d 592 (1978) and cases which follow the Childers precedent. On page 2, line 10, after "age" insert "unless the parents submit to the court a jointly agreed to plan in which support amounts and conditions are established" On page 2, after line 10 strike sections three through seven. Renumber the remaining section consecutively Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Brown on page 1, line 10; page 2, line 10; and page 2, after line 10; to Senate Bill No. 5086.
The motion by Senator Brown failed and the amendments were not adopted on a rising vote.
MOTION
On motion of Senator Johnson, further consideration of Senate Bill No. 5086 was deferred.
MOTION
There being no objection, on motion of Senator Johnson, the Senate resumed consideration of Senate Bill No. 5086.
MOTION FOR RECONSIDERATION
Senator Johnson moved that the Senate immediately reconsider the vote by which the amendments by Senator Patterson on page 1, line 10, page 2, line 10; and page 2, after line 10; were adopted to Senate Bill No. 5086.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Johnson to reconsider the vote by which the amendments by Senator Patterson on page 1, line 10, page 2, line 10; and page 2, after line 10, were adopted to Senate Bill No. 5086.
The motion by Senator Johnson carried and the Senate will reconsider the amendments.
MOTION
On motion of Senator Johnson, the amendments by Senator Patterson on page 1, line 10; page 2, line 10; and page 2, after line 10; were not adopted, on reconsideration, on a rising vote.
MOTION
On motion of Senator Hargrove, the following amendments by Senators Patterson and Hargrove were considered simultaneously and were adopted:
On page 1, line 10 after "education." strike the remainder of the section and insert "The legislature declares determining the amount of, if any, postsecondary support to be provided adult children is primarily the responsibility of the parents regardless of their marital status and should be the subject of judicial consideration only when extraordinary circumstances exist. Consequently, the legislature intends to modify the ruling in Childers v. Childers, 84 Wn. 2d 592 (1978) and cases which follow the Childers precedent. On page 2, line 10, after "age" insert "unless the court finds there are exceptional medical circumstances such as the existence of the child's developmental or chronic functional disability, in which case the court may enter an order for such amount and under such circumstances as are reasonable, considering the circumstances of all parties"
MOTION
Senator Heavey moved that the following amendments be considered simultaneously and be adopted: Beginning on page 1, line 10, after "education." strike the remainder of the section and insert "The legislature declares determining the amount of, if any, postsecondary support to be provided adult children is primarily the responsibility of the parents regardless of their marital status and should be the subject of judicial consideration only when extraordinary circumstances exist. Consequently, the legislature intends to modify the ruling in Childers V. Childers, 84 Wn. 2d 592 (1978) and cases which follow the Childers precedent." On page 2, line 9, strike "A" and insert "Subject to the provisions of RCW 26.19.090, a" Beginning on page 2, line 11, strike sections 3 through 8 and insert the following: "Sec. 3. RCW 26.19.090 and 1991 sp.s. c 28 s 7 are each amended to read as follows: (1) ((The child support schedule shall be advisory and not mandatory for postsecondary educational support. (2) When considering whether to order support for postsecondary educational expenses,)) The court shall ((determine whether)) not award postsecondary educational support unless the court finds that the child is in fact dependent and is relying upon the parents for the reasonable necessities of life. The court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following: Age of the child; the child's needs; the expectations of the parties for their children when the parents were together; the child's prospects, desires, aptitudes, abilities or disabilities; the nature of the postsecondary education sought; and the parents' level of education, standard of living, and current and future resources. Also to be considered are the amount and type of support that the child would have been afforded if the parents had stayed together. (((3))) (2) The child must enroll in an accredited academic or vocational school, must be actively pursuing a course of study commensurate with the child's vocational goals, and must be in good academic standing ((as defined by the institution)). For purposes of this subsection, "good academic standing" means enrolled in a course of study and making customary progress towards completion within the period of time it is expected to take to complete the course. The court-ordered postsecondary educational support shall be automatically suspended during the period or periods the child fails to comply with these conditions. (((4))) (3) The child shall also make available all academic records and grades to both parents as a condition of receiving postsecondary educational support. Each parent shall have full and equal access to the postsecondary education records as provided in RCW 26.09.225. (((5))) (4) The court shall not order the payment of postsecondary educational expenses beyond the child's twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities. (((6))) (5) The court shall direct that either or both parents' payments for postsecondary educational expenses be made directly to the educational institution if feasible. If direct payments are not feasible, then the court in its discretion may order that either or both parents' payments be made directly to the child if the child does not reside with either parent. If the child resides with one of the parents the court may direct that the parent making the support transfer payments make the payments to the child or to the parent who has been receiving the support transfer payments." Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Heavey on page 1, line 10; page 2, line 9; and beginning on page 2, line 11; to Senate Bill No. 5086.
The motion by Senator Heavey failed and the amendments were not adopted.
MOTION
Senator Spanel moved that the following amendments be considered simultaneously and be adopted:
Beginning on page 1, line 10, after "education." strike the remainder of the section and insert "The legislature declares determining the amount of, if any, postsecondary support to be provided adult children is primarily the responsibility of the parents regardless of their marital status and should be the subject of judicial consideration only when extraordinary circumstances exist. Consequently, the legislature intends to modify the ruling in Childers v. Childers, 84 Wn. 2d 592 (1978) and cases which follow the Childers precedent." On page 2, line 9, strike "A" and insert "Subject to the provisions of RCW 26.19.090, a" Beginning on page 2, line 11, strike sections 3 through 8 and insert the following: "Sec. 3. RCW 26.19.090 and 1991 sp.s. c 28 s 7 are each amended to read as follows: (1) ((The child support schedule shall be advisory and not mandatory for postsecondary educational support. (2) When considering whether to order support for postsecondary educational expenses,)) The court shall ((determine whether)) not award postsecondary educational support unless the court finds that the child is in fact dependent and is relying upon the parents for the reasonable necessities of life. The court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following: Age of the child; the child's needs; the expectations of the parties for their children when the parents were together; the child's prospects, desires, aptitudes, abilities or disabilities; the nature of the postsecondary education sought; and the parents' level of education, standard of living, and current and future resources. Also to be considered are the amount and type of support that the child would have been afforded if the parents had stayed together. (((3))) (2) The child must enroll in an accredited academic or vocational school, must be actively pursuing a course of study commensurate with the child's vocational goals, and must be in good academic standing as defined by the institution. The court-ordered postsecondary educational support shall be automatically suspended during the period or periods the child fails to comply with these conditions. A child whose medical condition temporarily changes or deteriorates following initial enrollment and who is unable to achieve good academic standing is not obligated to continue uninterrupted enrollment as a condition of receiving the support, so long as the condition exists. (((4))) (3) The child shall also make available all academic records and grades to both parents as a condition of receiving postsecondary educational support. Each parent shall have full and equal access to the postsecondary education records as provided in RCW 26.09.225. (((5))) (4) The court shall not order the payment of postsecondary educational expenses beyond the child's twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities. (((6))) (5) The court shall direct that either or both parents' payments for postsecondary educational expenses be made directly to the educational institution if feasible. If direct payments are not feasible, then the court in its discretion may order that either or both parents' payments be made directly to the child if the child does not reside with either parent. If the child resides with one of the parents the court may direct that the parent making the support transfer payments make the payments to the child or to the parent who has been receiving the support transfer payments." Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Spanel on page 1, line 10; page 2, line 9; and beginning on page 2, line 11; to Senate Bill No. 5086.
The motion by Senator Spanel failed and the amendments were not adopted on a rising vote.
MOTION
Senator Kohl moved that the following amendments be considered simultaneously and be adopted:
Beginning on page 1, line 10, after "education." strike the remainder of the section and insert "The legislature declares determining the amount of, if any, postsecondary support to be provided adult children is primarily the responsibility of the parents regardless of their marital status and should be the subject of judicial consideration only when extraordinary circumstances exist. Consequently, the legislature intends to modify the ruling in Childers V. Childers, 84 Wn. 2d 592 (1978) and cases which follow the Childers precedent." On page 2, line 9, strike "A" and insert "Subject to the provisions of RCW 26.19.090, a" Beginning on page 2, line 11, strike sections 3 through 8 and insert the following: "Sec. 3. RCW 26.19.090 and 1991 sp.s. c 28 s 7 are each amended to read as follows: (1) ((The child support schedule shall be advisory and not mandatory for postsecondary educational support. (2) When considering whether to order support for postsecondary educational expenses,)) The court shall ((determine whether)) not award postsecondary educational support unless the court finds that the child is in fact dependent and is relying upon the parents for the reasonable necessities of life. The court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following: Age of the child; the child's needs; the expectations of the parties for their children when the parents were together; the child's prospects, desires, aptitudes, abilities or disabilities; the nature of the postsecondary education sought; and the parents' level of education, standard of living, and current and future resources. Also to be considered are the amount and type of support that the child would have been afforded if the parents had stayed together. (2) The combined obligation of both parents shall not exceed the highest tuition, fees, room, and board charged to a resident undergraduate student at a state institution of higher education in this state, together with a reasonable amount for textbooks and supplies. The limitation in this subsection does not apply if the court determines in a specific case that there are exceptional circumstances, such as the existence of a developmental or chronic functional disability. A desire to enroll in a school outside of this state is not, by itself, an exceptional circumstance. (3) The child must enroll in an accredited academic or vocational school, must be actively pursuing a course of study commensurate with the child's vocational goals, and must be in good academic standing as defined by the institution. The court-ordered postsecondary educational support shall be automatically suspended during the period or periods the child fails to comply with these conditions. (4) The child shall also make available all academic records and grades to both parents as a condition of receiving postsecondary educational support. Each parent shall have full and equal access to the postsecondary education records as provided in RCW 26.09.225. (5) The court shall not order the payment of postsecondary educational expenses beyond the child's twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities. (6) The court shall direct that either or both parents' payments for postsecondary educational expenses be made directly to the educational institution if feasible. If direct payments are not feasible, then the court in its discretion may order that either or both parents' payments be made directly to the child if the child does not reside with either parent. If the child resides with one of the parents the court may direct that the parent making the support transfer payments make the payments to the child or to the parent who has been receiving the support transfer payments." Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Kohl on page 1, line 10; page 2, line 9; and beginning on page 2, line 11; to Senate Bill No. 5086.
The motion by Senator Kohl failed and the amendments were not adopted.
MOTION
Senator Loveland moved that the following amendments by Senators Loveland and Kohl be considered simultaneously and be adopted: Beginning on page 1, line 10, after "education." strike the remainder of the section and insert "The legislature declares determining the amount of, if any, postsecondary support to be provided adult children is primarily the responsibility of the parents regardless of their marital status and should be the subject of judicial consideration only when extraordinary circumstances exist. Consequently, the legislature intends to modify the ruling in Childers v. Childers, 84 Wn. 2d 592 (1978) and cases which follow the Childers precedent." On page 2, line 9, strike "A" and insert "Subject to the provisions of RCW 26.19.090, a" Beginning on page 2, line 11, strike sections 3 through 8 and insert the following: "Sec. 3. RCW 26.19.090 and 1991 sp.s. c 28 s 7 are each amended to read as follows: (1) ((The child support schedule shall be advisory and not mandatory for postsecondary educational support. (2) When considering whether to order support for postsecondary educational expenses,)) The court shall ((determine whether)) not award postsecondary educational support unless the court finds that the child is in fact dependent and is relying upon the parents for the reasonable necessities of life. The court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following: Age of the child; the child's needs and resources; the expectations of the parties for their children when the parents were together and whether support would likely have been provided if the parents had stayed together; the child's prospects, desires, aptitudes, abilities or disabilities; the nature of the postsecondary education sought; other children of either parent for whom postsecondary educational support may be required; and the parents' level of education, standard of living, and current and future resources. ((Also to be considered are the amount and type of support that the child would have been afforded if the parents had stayed together. (3))) (2) The child must enroll in an accredited academic or vocational school, must be actively pursuing a course of study commensurate with the child's vocational goals, and must be in good academic standing as defined by the institution. The court-ordered postsecondary educational support shall be automatically suspended during the period or periods the child fails to comply with these conditions. (((4))) (3) The child shall also make available all academic records and grades to both parents as a condition of receiving postsecondary educational support. Each parent shall have full and equal access to the postsecondary education records as provided in RCW 26.09.225. (((5))) (4) The court shall not order the payment of postsecondary educational expenses beyond the child's twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities. (((6))) (5) The court shall direct that either or both parents' payments for postsecondary educational expenses be made directly to the educational institution if feasible. If direct payments are not feasible, then the court in its discretion may order that either or both parents' payments be made directly to the child if the child does not reside with either parent. If the child resides with one of the parents the court may direct that the parent making the support transfer payments make the payments to the child or to the parent who has been receiving the support transfer payments." Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Loveland and Kohl on page 1, line 10; page 2, line 9; and beginning on page 2, line 11; to Senate Bill No. 5086.
The motion by Senator Loveland failed and the amendments were not adopted.
MOTION
Senator Fairley moved that the following amendment by Senators Fairley, Spanel, Thibaudeau, Kohl and Loveland be adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 26.19.090 and 1991 sp.s. c 28 s 7 are each amended to read as follows: (1) ((The child support schedule shall be advisory and not mandatory for postsecondary educational support. (2) When considering whether to order support for postsecondary educational expenses,)) The court shall ((determine whether)) not award postsecondary educational support unless the court finds that the child is in fact dependent and is relying upon the parents for the reasonable necessities of life. The court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following: Age of the child; the child's needs and resources; the expectations of the parties for their children when the parents were together and whether support would likely have been provided if the parents had stayed together; the child's prospects, desires, aptitudes, abilities or disabilities; the nature of the postsecondary education sought; other children of either parent for whom postsecondary educational support may be required; and the parents' level of education, standard of living, and current and future resources. ((Also to be considered are the amount and type of support that the child would have been afforded if the parents had stayed together.)) The court shall determine and specify the amount of contribution, if any, to be made by the child. The child support schedule shall be advisory and not mandatory in determining the amount of postsecondary support. (2) The combined obligation of both parents shall not exceed the highest tuition, fees, room, and board charged to a resident undergraduate student at a state institution of higher education in this state, together with a reasonable amount for textbooks and supplies. The limitation in this subsection does not apply if the court determines in a specific case that there are exceptional circumstances, such as the existence of a developmental or chronic functional disability. A desire to enroll in a school outside of this state is not, by itself, an exceptional circumstance. (3) The child must enroll in an accredited academic or vocational school, must be actively pursuing a course of study commensurate with the child's vocational goals, and must be in good academic standing ((as defined by the institution)). For purposes of this subsection, "good academic standing" means enrolled in a course of study and making customary progress towards the completion within the period of time it is expected to take to complete the course. The court-ordered postsecondary educational support shall be automatically suspended during the period or periods the child fails to comply with these conditions. A child whose medical condition temporarily changes or deteriorates following initial enrollment and who is unable to achieve good academic standing is not obligated to continue uninterrupted enrollment as a condition of receiving the support, so long as the condition exists. (4) The child shall ((also)) make available all academic and registration records and grades to both parents as a condition of receiving postsecondary educational support. Each parent shall have full and equal access to the postsecondary education records as provided in RCW 26.09.225. (5) The court shall not order the payment of postsecondary educational expenses beyond the child's twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities. (6) The court shall direct that either or both parents' payments for postsecondary educational expenses be made directly to the educational institution if feasible. If direct payments are not feasible, then the court in its discretion may order that either or both parents' payments be made directly to the child if the child does not reside with either parent. If the child resides with one of the parents the court may direct that the parent making the support transfer payments make the payments to the child or to the parent ((who has been receiving the support transfer payments)) with whom the child resides. NEW SECTION. Sec. 2. This act does not apply to orders regarding postsecondary education child support entered before the effective date of this section." Debate ensued.
Senator Sheldon demanded a roll call and the demand was sustained.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of the striking amendment by Senators Fairley, Spanel, Thibaudeau, Kohl and Loveland to Senate Bill No. 5086.
ROLL CALL
The Secretary called the roll and the striking amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Fairley, Franklin, Fraser, Goings, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Prince, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, Winsley, Wojahn and Wood - 23. Voting nay: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West and Zarelli - 26.
MOTION
On motion of Senator Roach, the rules were suspended, Engrossed Senate Bill No. 5086 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5086.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5086 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Rasmussen, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West and Zarelli - 27. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Goings, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Prince, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, Winsley, Wojahn and Wood - 22. ENGROSSED SENATE BILL NO. 5086, 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 Hale, Senator Zarelli was excused.
On motion of Senator Franklin, Senators Jacobsen and Prentice were excused.
SECOND READING
SENATE BILL NO. 5063, by Senators Roach, Haugen, Johnson and Winsley (by request of Secretary of State Munro)
Clarifying naming conventions for corporations and units of government.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5063 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. 5063.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5063 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 45. Absent: Senator Newhouse - 1. Excused: Senators Jacobsen, Prentice and Zarelli - 3. SENATE BILL NO. 5063, 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 Hale, Senator McCaslin was excused.
On motion of Senator Franklin, Senator Wojahn was excused.
SECOND READING
SENATE BILL NO. 5065, by Senators Roach, Haugen, Johnson and Winsley (by request of Secretary of State Munro)
Regulating naming of businesses.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5065 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. 5065.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5065 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley and Wood - 42. Absent: Senators Kline and Schow - 2. Excused: Senators Jacobsen, McCaslin, Prentice, Wojahn and Zarelli - 5. SENATE BILL NO. 5065, 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 Hale, Senator Schow was excused.
SECOND READING
SENATE BILL NO. 5098, by Senators Loveland, Sheldon, Snyder, Fairley and Kohl
Changing provisions relating to bond debt service payments from the community and technical college capital projects account.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 5098 was substituted for Senate Bill No. 5098 and the substitute bill was placed on second reading and read the second time.
On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 5098 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. 5098.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5098 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 42. Absent: Senators Snyder and Swanson - 2. Excused: Senators Jacobsen, McCaslin, Prentice, Schow and Wojahn - 5. SUBSTITUTE SENATE BILL NO. 5098, 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. 5104, by Senators Oke, Loveland, Hale, Morton, Swecker, Rossi, Snyder, West, Bauer, Haugen and Rasmussen
Creating the Washington pheasant enhancement program.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 5104 was substituted for Senate Bill No. 5104 and the substitute bill was placed on second reading and read the second time.
On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 5104 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 Deccio: “Senator Oke, what is an ‘upland bird?’”
Senator Oke: “An ‘upland bird’ in eastern Washington is any of the species that we have over there--pheasants, Hungarian partridge, chucker--any of those types of birds--and quails. So, all of those are considered ‘upland birds’ and to be successful, you need to have good legs, good dogs and, the Lord willing, have an opportunity to do well.”
Further debate ensued.
MOTION
On motion of Senator Goings, Senators Bauer and Franklin were excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5104.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5104 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 43. Absent: Senator Swanson - 1. Excused: Senators Bauer, Franklin, Jacobsen, McCaslin and Wojahn - 5. SUBSTITUTE SENATE BILL NO. 5104, 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. 5113, by Senator Oke
Refunding certain license fees.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Senate Bill No. 5113 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. 5113.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5113 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley and Zarelli - 43. Absent: Senator Wood - 1. Excused: Senators Bauer, Franklin, Jacobsen, McCaslin and Wojahn - 5. SENATE BILL NO. 5113, 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. 5121, by Senators Johnson, Newhouse and Winsley
Waiving or cancelling interest or penalties for certain estate tax returns.
MOTIONS
On motion of Senator Johnson, Substitute Senate Bill No. 5121 was substituted for Senate Bill No. 5121 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 5121 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. 5121.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5121 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, 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 - 46. Excused: Senators Bauer, Jacobsen and McCaslin - 3. SUBSTITUTE SENATE BILL NO. 5121, 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. 5125, by Senators Deccio, Wojahn and Winsley (by request of Department of Social and Health Services)
Authorizing revisions in medical assistance managed care contracting under federal demonstration waivers.
MOTIONS
On motion of Senator Deccio, Substitute Senate Bill No. 5125 was substituted for Senate Bill No. 5125 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Deccio, the rules were suspended, Substitute Senate Bill No. 5125 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. 5125.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5125 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, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, 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 Jacobsen and McCaslin - 2. SUBSTITUTE SENATE BILL NO. 5125, 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. 5149, by Senators Long, Spanel, Horn and Kohl (by request of Legislative Ethics Board)
Revising restrictions on legislators' newsletters.
MOTIONS
On motion of Senator Long, Substitute Senate Bill No. 5149 was substituted for Senate Bill No. 5149 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 5149 was advanced to third reading, the second reading considered the third and the bill was placed on final passage
MOTION
On motion of Senator Prentice, Senator Franklin was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5149.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5149 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, 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 - 46. Excused: Senators Franklin, Jacobsen and McCaslin - 3. SUBSTITUTE SENATE BILL NO. 5149, 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 Johnson, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
March 11, 1997
MR. PRESIDENT:
The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4412, and the same is herewith transmitted.
TIMOTHY MARTIN, Chief Clerk
MOTION
On motion of Senator Johnson, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILL
HCR 4412 by Representative Lisk
Allowing introduction of a joint bill on making welfare work.
MOTION
On motion of Senator Johnson, the rules were suspended and House Concurrent Resolution No. 4412 was advanced to second reading and placed on the second reading calendar.
MOTION
On motion of Senator Johnson the Senate advanced to the sixth order of business.
SECOND READING
HOUSE CONCURRENT RESOLUTION NO. 4412, by Representative Lisk
Allowing introduction of a joint bill on making welfare work.
The concurrent resolution was read the second time.
WHEREAS, The members of the legislature have decided to introduce a bill in the House of Representatives relating to making welfare work; and
WHEREAS, The members desire to have the House bill on making welfare work jointly sponsored in a manner consistent with the provisions of SCR 8401 as adopted by the legislature;
NOW, THEREFORE, BE IT RESOLVED, By the House of Representatives of the state of Washington, the Senate concurring, That a House bill relating to making welfare work may be introduced as a joint bill, in the manner set forth in SCR 8401, so long as that bill is introduced no later than March 15, 1997.
POINT OF INQUIRY
Senator Snyder: “Senator Johnson, it says, ‘Now, therefore, be it resolved, by the House of Representatives of the state of Washington, the Senate concurring, that a House Bill relating to making welfare work may be introduced as a joint bill--.’ Do we have joint bills or do we just have jointly sponsored bills--a House Bill that is jointly sponsored? Is the wording just right? Do we need an amendment to clear that up?”
Senator Johnson: “The issue before the body, I believe Senator Snyder, is whether this House Concurrent Resolution is proper as it is placed on the second reading calendar.”
Senator Snyder: “Well, that is my question. Before we advance it to third reading, do we need an amendment to clear up that point?”
Senator Johnson: “I am not aware of any such need.”
Senator Snyder: “Well, it might be technically incorrect here and I wouldn’t want to be delaying things for three or four days if we pass this and then come to find out that there is a problem with it.”
MOTION
On motion of Senator Johnson, the rules were suspended, House Concurrent Resolution No. 4412 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage
CALL FOR PREVIOUS QUESTION
Senators Johnson, McDonald and Strannigan called for the previous question.
MOTION
On motion of Senator Johnson, and there being no objection, the demand for the previous question was withdrawn.
The President declared the question before the Senate to be the roll call on the adoption of House Concurrent Resolution No. 4412.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of House Concurrent Resolution No. 4412 and the resolution passed by the following vote: Yeas, 25; Nays, 22; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 25. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 22. Excused: Senators Jacobsen and McCaslin - 2. HOUSE CONCURRENT RESOLUTION NO. 4412, having received the constitutional majority, was declared passed.
MOTION
At 7:19 p.m., on motion of Senator Johnson, the Senate adjourned until 8:30 a.m., Wednesday, March 12, 1997.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate