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SIXTY-FOURTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Monday, March 17, 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 Anderson, Finkbeiner, Kohl, Long, Snyder, West and Wood. On motion of Senator Hale, Senators Anderson, Finkbeiner, Long, West and Wood were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Tanya Southwell and Grant Winters, presented the Colors. John Michalovsis of the Baha'i Community of Olympia, offered the prayer.

MOTION

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

MESSAGES FROM THE HOUSE

March 13, 1997

MR. PRESIDENT:

      The House has passed ENGROSSED HOUSE BILL NO. 2094, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 14, 1997

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE HOUSE BILL NO. 1298,

      HOUSE BILL NO. 1330,

      SUBSTITUTE HOUSE BILL NO. 1346,

      SUBSTITUTE HOUSE BILL NO. 1351,

      SUBSTITUTE HOUSE BILL NO. 1387,

      SECOND SUBSTITUTE HOUSE BILL NO. 1392,

      SUBSTITUTE HOUSE BILL NO. 1402,

      SUBSTITUTE HOUSE BILL NO. 1404,

      HOUSE BILL NO. 1405,

      SUBSTITUTE HOUSE BILL NO. 1418,

      SUBSTITUTE HOUSE BILL NO. 1427,

      SECOND SUBSTITUTE HOUSE BILL NO. 1432,

      SUBSTITUTE HOUSE BILL NO. 1436,

      SECOND SUBSTITUTE HOUSE BILL NO. 1522,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1602,

      SECOND SUBSTITUTE HOUSE BILL NO. 1622,

      HOUSE BILL NO. 1651,

      SUBSTITUTE HOUSE BILL NO. 1698,

      SUBSTITUTE HOUSE BILL NO. 1784,

      SUBSTITUTE HOUSE BILL NO. 1791,

      SUBSTITUTE HOUSE BILL NO. 1800,

      SUBSTITUTE HOUSE BILL NO. 1936,

      SUBSTITUTE HOUSE BILL NO. 1973, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 14, 1997

MR. PRESIDENT:

      The House has passed:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1110,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1111,

      SUBSTITUTE HOUSE BILL NO. 1112,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1113,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1115,

      SUBSTITUTE HOUSE BILL NO. 1118,

      SECOND SUBSTITUTE HOUSE BILL NO. 2054, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 14, 1997

MR. PRESIDENT:

      The House has passed:

      SECOND SUBSTITUTE HOUSE BILL NO. 1055,

      SECOND SUBSTITUTE HOUSE BILL NO. 1191,

      SUBSTITUTE HOUSE BILL NO. 1219,

      SUBSTITUTE HOUSE BILL NO. 1235,

      SUBSTITUTE HOUSE BILL NO. 1859,

      SUBSTITUTE HOUSE BILL NO. 1946,

      HOUSE BILL NO. 2091,

      HOUSE BILL NO. 2141,

      HOUSE BILL NO. 2146,

      HOUSE BILL NO. 2160, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 14, 1997

MR. PRESIDENT:

      The House has passed:

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1354,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1361,

      ENGROSSED HOUSE BILL NO. 1391,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1423,

      SUBSTITUTE HOUSE BILL NO. 1672,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1687,

      ENGROSSED HOUSE BILL NO. 1740,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1746,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1771,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1911,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1965,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2050,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2128,

      ENGROSSED HOUSE BILL NO. 2142, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

INTRODUCTION AND FIRST READING OF HOUSE BILLS

2SHB 1055        by House Committee on Appropriations (originally sponsored by Representatives Radcliff, Dunn, Carlson, Dickerson, Hatfield, Conway, Quall, Mason, Costa, Ogden, Anderson and O'Brien) (by request of Higher Education Coordinating Board)

Creating undergraduate fellowships for needy and meritorious students.

Referred to Committee on Higher Education.

ESHB 1110        by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Mastin, McMorris, Koster, Delvin, Mulliken, Schoesler and Honeyford)

Altering a moratorium on new appropriations of Columbia river waters.

Referred to Committee on Agriculture and Environment.

ESHB 1111        by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Koster, Delvin, Mulliken, Johnson, B. Thomas and Honeyford)

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

Referred to Committee on Agriculture and Environment.

SHB 1112          by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Mastin, Koster, Delvin, Mulliken, Johnson, B. Thomas and Honeyford)

Adjudicating water rights.

Referred to Committee on Agriculture and Environment.

ESHB 1113        by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Mastin, McMorris, Koster, Delvin, Mulliken, Johnson, Schoesler and Honeyford)

Authorizing a change in the use of water made surplus by certain activities and modifying transfer provisions.

Referred to Committee on Agriculture and Environment.

ESHB 1115        by House Committee on Agriculture and Ecology (originally sponsored by Representatives Mastin, Chandler, McMorris, Koster, Delvin, Mulliken, Johnson, Dyer and Honeyford)

Altering appeal procedures for water-related actions of the department of ecology.

Referred to Committee on Agriculture and Environment.

SHB 1118          by House Committee on Agriculture and Ecology (originally sponsored by Representatives Mastin, Chandler, Johnson, Boldt and Honeyford)

Reopening the water rights claim filing period.

Referred to Committee on Agriculture and Environment.

2SHB 1191        by House Committee on Appropriations (originally sponsored by Representatives Backlund, Dyer, Skinner and Sherstad)

Providing for review of mandated health insurance benefits.

Referred to Committee on Health and Long-Term Care.

SHB 1219          by House Committee on Finance (originally sponsored by Representatives Pennington, Appelwick, B. Thomas, H. Sommers, Mulliken, Carrell, Morris, Mielke, Backlund, O'Brien, Zellinsky, Thompson, Kastama and Mason)

Extending a tax exemption for prepayments for health care services provided under Title XVIII (medicare) of the social security act.

Referred to Committee on Health and Long-Term Care.

SHB 1235          by House Committee on Appropriations (originally sponsored by Representatives Ogden, McMorris, H. Sommers, Carlson, Wolfe, O'Brien, Dunshee, Kenney, Dickerson, Cole, Mason and Robertson) (by request of Joint Legislative Audit and Review Committee)

Prohibiting consultants from charging state agencies for access to data generated under their personal services contracts.

Referred to Committee on Government Operations.

SHB 1298          by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Linville, Schoesler, Regala, Koster, Morris, Anderson and Pennington)

Regulating compensatory mitigation.

Referred to Committee on Agriculture and Environment.

HB 1330            by Representatives L. Thomas, Grant, Zellinsky, Sheldon and Mielke

Modifying the administration of the responsibilities of self-insurers.

Referred to Committee on Commerce and Labor.

SHB 1346          by House Committee on Energy and Utilities (originally sponsored by Representatives B. Thomas and Crouse) (by request of Department of Revenue)

Imposing use tax on electricity.

Referred to Committee on Energy and Utilities.

SHB 1351          by House Committee on Transportation Policy and Budget (originally sponsored by Representatives K. Schmidt, Fisher and Mitchell)

Stabilizing the monthly refund from the marine fuel tax refund account.

Referred to Committee on Natural Resources and Parks.

E2SHB 1354      by House Committee on Appropriations (originally sponsored by Representatives Pennington, Mielke, Dunn and Boldt)

Changing air pollution control provisions.

Referred to Committee on Agriculture and Environment.

ESHB 1361        by House Committee on Commerce and Labor (originally sponsored by Representatives Clements, Skinner and Honeyford)

Regulating electricians and electrical installations.

Referred to Committee on Commerce and Labor.

SHB 1387          by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky, K. Schmidt, L. Thomas, Johnson, Huff and Dyer)

Clarifying the frequency of filing of rate adjustments for mandatory offering of basic health plan benefits.

Referred to Committee on Financial Institutions, Insurance and Housing.

EHB 1391          by Representatives Appelwick, Costa, Sheahan, Constantine, Kenney, Radcliff, Blalock, Tokuda, Zellinsky, Lantz and Ogden

Regulating unincorporated nonprofit associations.

Referred to Committee on Law and Justice.

2SHB 1392        by House Committee on Appropriations (originally sponsored by Representatives Ballasiotes, Costa, Radcliff, O'Brien, Kessler, Blalock, Cody, Murray, Cole, Morris, Tokuda, Conway, Skinner, Johnson, Linville, Scott, Keiser, Cooper, Gombosky, Ogden and Anderson)

Enhancing crime victims' compensation.

Referred to Committee on Law and Justice.

SHB 1402          by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Ogden, Carlson, Fisher, Blalock, O'Brien and Doumit)

Allowing a county, city, or town to create an assessment reimbursement area on its own initiative to finance the cost of road and street improvements.

Referred to Committee on Transportation.

SHB 1404          by House Committee on Commerce and Labor (originally sponsored by Representatives McMorris, Honeyford, Robertson, Ballasiotes, Conway, Wood, Cole, Boldt and Delvin)

Revising provisions for punch boards and pull-tabs.

Referred to Committee on Commerce and Labor.

HB 1405            by Representatives McMorris, Robertson, Wood, Conway, Boldt and Delvin

Authorizing joint bingo games.

Referred to Committee on Commerce and Labor.

SHB 1418          by House Committee on Natural Resources (originally sponsored by Representatives Buck and Regala) (by request of Commissioner of Public Lands Belcher and Department of Natural Resources)

Eliminating pooling of the resource management cost account and removing reference to agricultural college lands.

Referred to Committee on Natural Resources and Parks.

E2SHB 1423      by House Committee on Appropriations (originally sponsored by Representatives Sterk, Costa, Sheahan, McDonald, Koster, Robertson, Carrell, Sherstad, Hickel, Delvin, L. Thomas, O'Brien and Conway)

Strengthening the criminal justice training commission.

Referred to Committee on Law and Justice.

SHB 1427          by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Radcliff, Mitchell, Robertson, Buck, Cairnes, Ballasiotes, L. Thomas, Sterk, Thompson, DeBolt, Mielke, Smith, Johnson and Dunn) (by request of Legislative Transportation Committee)

Updating special fuel tax provisions.

Referred to Committee on Transportation.

2SHB 1432        by House Committee on Appropriations (originally sponsored by Representatives Cooke, Tokuda, Kastama and Dickerson) (by request of Department of Social and Health Services)

Modifying the adoption support reconsideration program.

Referred to Committee on Human Services and Corrections.

SHB 1436          by House Committee on Appropriations (originally sponsored by Representatives Van Luven, Veloria, Keiser, Morris, Wolfe, Scott, Cole, Mason, Dunn, Quall, Lantz, Cooper, Gombosky, Murray, Costa and Anderson) (by request of Washington State Library)

Authorizing electronic information access for public libraries.

Referred to Committee on Energy and Utilities.

2SHB 1522        by House Committee on Appropriations (originally sponsored by Representatives Carrell, Sheahan, Conway, Mielke, Sherstad, Talcott, Zellinsky, Benson, Johnson, DeBolt, Mitchell, Lambert, Cooke, Clements, Kastama, Sheldon, Linville, Pennington, Honeyford, Delvin, Radcliff, Costa, Robertson, Mulliken, Smith, McMorris, Scott, Bush, Backlund, Ballasiotes, Sterk, Sump, Crouse, Wensman, Lisk, Dunn, Buck, Hickel, Reams, D. Schmidt, Mastin, Sullivan, Chandler, O'Brien, K. Schmidt, Skinner, Hankins, Dyer, Cairnes, Huff, McDonald, Alexander, Boldt, Wolfe, Keiser, Quall, Thompson and Van Luven)

Providing for enhanced sentencing for criminal street gang activity.

Referred to Committee on Law and Justice.

ESHB 1602        by House Committee on Commerce and Labor (originally sponsored by Representatives Schoesler, Huff, Lisk, Chandler, Clements and Honeyford)

Requiring that information provided by governmental entities on household hazardous waste or consumer product substitutes be competent and reliable.

Referred to Committee on Commerce and Labor.

2SHB 1622        by House Committee on Appropriations (originally sponsored by Representatives Kenney, Carlson, Mason, Van Luven, Sheahan, Radcliff, Butler, Regala, Sullivan, Cody, Wood, Veloria, Tokuda, Kastama, Cooper, Skinner, Dunshee, Constantine, Dickerson, Conway, Anderson, Costa, Schoesler and O'Brien)

Establishing the Hispanic American endowed scholarship program.

Referred to Committee on Higher Education.

HB 1651            by Representatives Scott, Costa, Conway and Hatfield

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

Referred to Committee on Commerce and Labor.

SHB 1672          by House Committee on Law and Justice (originally sponsored by Representatives Bush, Sheahan, Ballasiotes, Koster, O'Brien, Quall, McDonald, Costa, Carrell, Johnson, DeBolt, Sherstad, Clements, Talcott, Reams, Thompson, Backlund, Delvin, Honeyford, Smith, Mulliken, McMorris, Cody, Scott, Pennington, Kastama, Boldt, Dunn, Hickel, Sheldon, Buck, Benson, Keiser, Blalock, Lambert and Cooke)

Prohibiting the use of intoxication as a defense.

Referred to Committee on Law and Justice.

E2SHB 1687      by House Committee on Appropriations (originally sponsored by Representatives Sheahan, Delvin, Sheldon, McMorris, L. Thomas, Mielke, Grant, Morris, Benson, D. Schmidt, Alexander, D. Sommers, Johnson, Thompson, Talcott and Boldt)

Reducing the impact of wage garnishments on employers.

Referred to Committee on Law and Justice.

SHB 1698          by House Committee on Appropriations (originally sponsored by Representatives Huff, Radcliff, Carlson, Talcott, Clements, Tokuda, McMorris, Hickel, Sehlin, Lisk, Skinner, Sheahan, Alexander, Benson, Gombosky, Wensman, Kessler, Lambert, D. Schmidt, Hatfield, Honeyford, O'Brien, Keiser and Cooke)

Creating the K-20 telecommunications network governance committee.

Referred to Committee on Higher Education.

EHB 1740          by Representatives Sheahan, Boldt, Thompson and Clements

Prohibiting the purchase of liquor by intoxicated persons.

Referred to Committee on Law and Justice.

ESHB 1746        by House Committee on Commerce and Labor (originally sponsored by Representatives Sherstad, Morris, Radcliff, Hatfield, D. Schmidt, Grant, Pennington, Sullivan, Koster, Mulliken, Wood, L. Thomas, Scott, Carrell, Doumit, Sheahan, Huff, Kastama, Boldt, Hickel, McMorris, Thompson, Cooke and Dunshee)

Making minor possession of tobacco a class 3 civil infraction and clarifying penalties for violation of current laws regarding youth access to tobacco.

Referred to Committee on Commerce and Labor.

ESHB 1771        by House Committee on Law and Justice (originally sponsored by Representatives Mitchell, Tokuda, Constantine, Sheahan, Keiser, Mason, Blalock, Costa, Conway, Butler, Murray and Cody) (by request of Secretary of State Munro)

Providing for certification of professional guardians.

Referred to Committee on Human Services and Corrections.

SHB 1784          by House Committee on Children and Family Services (originally sponsored by Representatives Boldt, Bush, Cooke, Lambert, L. Thomas, Backlund and Sullivan)

Regulating public assistance fraud.

Referred to Committee on Health and Long-Term Care.

SHB 1791          by House Committee on Agriculture and Ecology (originally sponsored by Representatives Mastin, Chandler, Linville, Grant, Clements, Mulliken, Koster, Boldt and Schoesler)

Exempting activities conducted for an agricultural commodity commission or board from business and occupation tax.

Referred to Committee on Agriculture and Environment.

SHB 1800          by House Committee on Appropriations (originally sponsored by Representatives Delvin, Poulsen, Sheahan, Costa, Kessler, Dickerson, Blalock, Hatfield, Conway, Gombosky, Keiser, Cody, Morris, Ogden, Mason and McDonald)

Assisting crime stoppers programs.

Referred to Committee on Law and Justice.

SHB 1859          by House Committee on Children and Family Services (originally sponsored by Representatives Cooke, Dickerson, Boldt and McDonald)

Revising provisions on abuse of children and adult dependent and developmentally disabled persons.

Referred to Committee on Human Services and Corrections.

ESHB 1911        by House Committee on Commerce and Labor (originally sponsored by Representatives Benson, Mastin, McMorris, Mulliken, Boldt, Sterk, Lambert, Honeyford, Smith, Mielke, Buck, Thompson, Clements, Sherstad, O'Brien, Zellinsky, Sump, Hickel, Schoesler, Koster, Delvin, Wensman, Chandler, L. Thomas, Quall, Crouse, Pennington, Huff, Grant, Talcott, D. Schmidt, D. Sommers, Sheldon and Cooke)

Revising restrictions on the employment of minors.

Referred to Committee on Commerce and Labor.

SHB 1936          by House Committee on Law and Justice (originally sponsored by Representatives Sterk, Sheahan, Costa, Carrell, Hickel, Radcliff and Quall)

Regulating notice of claim of lien against proceeds.

Referred to Committee on Commerce and Labor.

SHB 1946          by House Committee on Children and Family Services (originally sponsored by Representatives Kenney, Dyer, Cody, Van Luven, Chopp, Cooke, Keiser, Anderson, Cole, Cooper, Veloria, Hatfield, Constantine, Morris, O'Brien, Ogden, Blalock, Costa, Conway and Tokuda)

Increasing protections for vulnerable persons.

Referred to Committee on Human Services and Corrections.

ESHB 1965        by House Committee on Government Administration (originally sponsored by Representatives Radcliff and Huff)

Changing the composition of the information services board.

Referred to Committee on Energy and Utilities.

SHB 1973          by House Committee on Law and Justice (originally sponsored by Representatives Wolfe, Lambert, Gombosky, Scott, Carrell, Keiser, Hatfield, Blalock, Gardner, Tokuda, Cole and Anderson)

Modifying a grandparent's visitation rights.

Referred to Committee on Law and Justice.

ESHB 2050        by House Committee on Agriculture and Ecology (originally sponsored by Representatives Mastin, Chandler, Clements and Honeyford)

Identifying when a new water right would interfere with an existing water right.

Referred to Committee on Agriculture and Environment.

2SHB 2054        by House Committee on Appropriations (originally sponsored by Representatives Chandler, Clements, Mastin and Honeyford)

Authorizing local watershed planning and modifying water resource management.

Referred to Committee on Agriculture and Environment.

HB 2091            by Representatives Cairnes, Gardner, Linville and Reams

Allowing counties planning under the growth management act to establish industrial land banks as permissible urban growth outside of an urban growth area.

Referred to Committee on Government Operations.

EHB 2094          by Representatives Costa, Cooke, Skinner and Blalock

Providing cooperative agreements for child support between the department of social and health services and Indian tribes.

Referred to Committee on Law and Justice.

ESHB 2128        by House Committee on Government Administration (originally sponsored by Representatives Sheahan, Appelwick, Cooke, Radcliff, Dyer, Cooper, Schoesler, Costa, D. Schmidt and Anderson)

Stating how a state officer or employee may receive a contract or grant in compliance with the ethics code.

Referred to Committee on Government Operations.

HB 2141            by Representatives Cairnes and Scott (by request of Washington State Patrol)

Providing changes to terminal audit violation penalties.

Referred to Committee on Transportation.

EHB 2142          by Representatives Lisk, Cole and Honeyford

Regulating assignment rights of lottery winnings.

Referred to Committee on Commerce and Labor.

HB 2146            by Representatives Huff and H. Sommers

Regulating claims against the University of Washington.

Referred to Committee on Higher Education.

HB 2160            by Representatives Thompson and Johnson

Providing for a joint legislative audit and review of internship credits granted to teachers.

Referred to Committee on Ways and Means.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

      On motion of Senator Winsley, Gubernatorial Appointment No. 9167, Vestry Johnson, as a member of the Board of Trustees for South Puget Sound Community College District No. 24, was confirmed.

APPOINTMENT OF VESTRY JOHNSON

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.

      Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 42.      Absent: Senators Kohl and Snyder - 2.  Excused: Senators Anderson, Finkbeiner, Long, West and Wood - 5.

MOTION

      On motion of Senator Franklin, Senators Kohl and Snyder were excused.

MOTION

      On motion of Senator Winsley, Gubernatorial Appointment No. 9174, John E. Lantz, as a member of the Board of Trustees for Tacoma Community College District No. 22, was confirmed.

APPOINTMENT OF JOHN E. LANTZ

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

      Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 43.                    Excused: Senators Anderson, Finkbeiner, Kohl, Snyder, West and Wood - 6.

MOTION

      On motion of Senator Winsley, Gubernatorial Appointment No. 9178, Robert J. Margulis, as a member of the Board of Trustees for Bellevue Community College District No. 8, was confirmed.

APPOINTMENT OF ROBERT J. MARGULIS

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

      Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 44.        Excused: Senators Anderson, Kohl, Snyder, West and Wood - 5.

MOTION

      On motion of Senator Kline, Senator Goings was excused.

MOTION

      On motion of Senator Winsley, Gubernatorial Appointment No. 9180, Guy McMinds, as a member of the Board of Trustees for Grays Harbor Community College District No. 2, was confirmed.

      Senators Winsley and Snyder spoke to the confirmation of Guy McMinds as a member of the Board of Trustees for Grays Harbor Community College District No. 2.

APPOINTMENT OF GUY McMINDS

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

      Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 44. Excused: Senators Anderson, Goings, Kohl, West and Wood - 5.

MOTION

      On motion of Senator Franklin, Senator Snyder was excused.

MOTION

      On motion of Senator Hochstatter, Gubernatorial Appointment No. 9193, Felix Ramon, as a member of the Board of Trustees for Big Bend Community College District No. 18, was confirmed.

APPOINTMENT OF FELIX RAMON

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

      Voting yea: Senators Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44.                    Absent: Senator Deccio - 1.              Excused: Senators Anderson, Goings, Kohl and Snyder - 4.

MOTION

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

SENATE RESOLUTION 1997-8637

By Senators Heavey, Patterson, Schow, McCaslin and Strannigan

      WHEREAS, Our democracy has been enriched by the countless immigrants who have made their way to our shores and added to this nation's tremendous diversity; and

      WHEREAS, Irish immigrants transformed our nation's largest cities into dynamic centers of commerce and industry, and their contributions to our smaller cities and towns are evident today in the cultural, economic, and spiritual makeup of the communities; and

      WHEREAS, The first St. Patrick's Day parade was conducted with George Washington's troops; and

      WHEREAS, Forty percent of the army during the Revolutionary War were Irish-Americans and George Washington exclaimed that the revolution would not have been successful without their efforts; and

      WHEREAS, Nine of the people who signed our nation's Declaration of Independence were of Irish origin, and thirteen presidents of the United States proudly claim Irish heritage; and

      WHEREAS, Through the years of America's greatest growth -- the building of the Erie Canal in the 1820's, the Transcontinental Railroad in the 1860's, and the first skyscrapers in the 1890's -- Irish-Americans gave their labor; and

      WHEREAS, The largest wave of Irish immigrants came in the late 1840's, when the Great Famine ravaging Ireland caused two million people to emigrate, mostly to American soil; and

      WHEREAS, Upon arrival, Irish immigrants faced "No Irish Need Apply" signs, but persevered and overcame prejudice; and

      WHEREAS, Irish-Americans in communities all across the country celebrate St. Patrick's feast day with parades and the wearing of the green; and

      WHEREAS, On St. Patrick's Day, Irishness comes out in everybody;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate hereby honor the rich heritage of the millions of Americans who trace their lineage to Ireland by celebrating St. Patrick's Day.

      Senators Heavey, McCaslin, Jacobsen and Rossi spoke to Senate Resolution 1997-8637.

ST. PATRICK'S DAY SINGERS

      With permission of the Senate, business was suspended to permit Senate staff members, Patrick Woods, Tony Cook, Hank Burns and Joy Adams, to sing several Irish ballads.

PERSONAL PRIVILEGE

      Senator McCaslin: "A point of personal privilege. Whenever we have St. Patty's Day, I always think of a little Irishman who worked for me at Kaiser. He came over as an immigrant; he died at ninety-seven. His name was Pete Fratherty--not Flatherty--but Fratherty. He lived in Millwood and after he retired, I would go over and visit him, maybe once a month and he always had a shot of Irish whiskey. He had it in the morning, then he had one at noon and I had to drink it with him.

      "Of course, I'm not much of a drinker, but that Irish whiskey pretty well straightens out all of your arteries. Maybe I should have kept at it over the years. It always brings a tear to my eyes, because he was one of the hardest working people I have ever known in my life and he had a withered arm. He was a fireman on the conveyors for me. Whenever we have St. Patty's Day, I always think of him and may God rest his soul. He was a wonderful human being."

MOTION

      On motion of Senator Johnson, the Senate returned to the sixth order of business.

MOTION

'

      On motion of Senator Hale, Senator Deccio was excused.

SECOND READING

      SENATE BILL NO. 5383, by Senators Winsley and Prentice

Facilitating the collection of sales tax on manufactured housing.

      The bill was read the second time.

MOTION

      On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5383 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. 5383.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5383 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Bauer, Benton, Brown, 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 - 47.   Excused: Senators Anderson and Deccio - 2.        SENATE BILL NO. 5383, 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. 5563, by Senators Winsley, Prentice, Kohl and Kline

Regulating credit unions.

MOTIONS

      On motion of Senator Winsley, Substitute Senate Bill No. 5563 was substituted for Senate Bill No. 5563 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. 5563 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. 5563.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5563 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Bauer, Benton, Brown, 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 - 47.   Excused: Senators Anderson and Deccio - 2.        SUBSTITUTE SENATE BILL NO. 5563, 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. 5318, by Senators Haugen, Winsley and Goings

Preserving writs of restitution when partial payment is accepted.

MOTIONS

      On motion of Senator Roach, Substitute Senate Bill No. 5318 was substituted for Senate Bill No. 5318 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. 5318 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. 5318.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5318 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, 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 - 46. Absent: Senator McDonald - 1.        Excused: Senators Anderson and Deccio - 2.        SUBSTITUTE SENATE BILL NO. 5318, 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 Franklin, Senator Thibaudeau was excused.

SECOND READING

      SENATE BILL NO. 5094, by Senator Roach

Prescribing procedures for release of offenders.

      The bill was read the second time.

MOTION

      On motion of Senator Roach, the rules were suspended, Senate Bill No. 5094 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. 5094.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5094 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Bauer, Benton, Brown, 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, West, Winsley, Wojahn, Wood and Zarelli - 46. Excused: Senators Anderson, Deccio and Thibaudeau - 3.              SENATE BILL NO. 5094, 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. 5135, by Senators Roach, Fairley, Johnson, Winsley and Oke

Impounding vehicles driven by a person with a suspended or revoked license.

MOTIONS

      On motion of Senator Roach, Substitute Senate Bill No. 5135 was substituted for Senate Bill No. 5135 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. 5135 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. 5135.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5135 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

      Voting yea: Senators Bauer, Benton, Brown, 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, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Voting nay: Senator Stevens - 1.      Excused: Senators Anderson and Deccio - 2.        SUBSTITUTE SENATE BILL NO. 5135, 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. 5150, by Senators Roach, Johnson, Heavey, McCaslin, Loveland, Snyder and Winsley

Extending authority to cite for contempt of court.

      The bill was read the second time.

MOTION

      On motion of Senator Roach, the rules were suspended, Senate Bill No. 5150 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. 5150.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5150 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, 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, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.   Voting nay: Senator Heavey - 1.           Excused: Senator Deccio - 1.                SENATE BILL NO. 5150, 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. 5715, by Senators Wood, Fairley, Franklin, Deccio and Winsley

Licensing orthotists and prosthetists.

MOTIONS

      On motion of Senator Wood, Substitute Senate Bill No. 5715 was substituted for Senate Bill No. 5715 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. 5715 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. 5715.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5715 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, 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 - 47.   Voting nay: Senator Finkbeiner - 1.      Excused: Senator Deccio - 1.                SUBSTITUTE SENATE BILL NO. 5715, 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 9:45 a.m., on motion of Senator Johnson, the Senate recessed until 10:45 a.m.

      The Senate was called to order at 10:39 a.m. by President Owen.

MOTION

      At 10:39 a.m., on motion of Senator Johnson, the Senate recessed until 11:00 a.m.

      The Senate was called to order at 11:00 a.m. by President Owen.

      At 11:00 a.m., there being no objection, the President declared the Senate to be at ease.

      The Senate was called to order at 11:05 a.m. by President Owen.

SECOND READING

      SENATE BILL NO. 5886, by Senators Strannigan, Swecker, Jacobsen and Oke

Providing a stable funding source for fisheries enhancement and habitat restoration.

MOTIONS

      On motion of Senator Strannigan, Second Substitute Senate Bill No. 5886 was substituted for Senate Bill No. 5886 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Strannigan, the rules were suspended, Second Substitute Senate Bill No. 5886 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5886.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5886 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.     SECOND SUBSTITUTE SENATE BILL NO. 5886, 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. 5185, by Senators Horn, McCaslin, Long, Benton, Prince and Deccio

Revising procedures for growth management hearings boards.

      The bill was read the second time.

MOTIONS

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

      On page 8, line 25, after "chapter" insert the following:        "(3) Any party aggrieved by a final decision of the hearings board may appeal the decision directly to the court of appeals for assignment by the chief presiding judge"           On motion of Senator McCaslin, the rules were suspended, Engrossed Senate Bill No. 5185 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5185.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5185 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, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Wood and Zarelli - 27.      Voting nay: Senators Brown, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, Winsley and Wojahn - 22.            ENGROSSED SENATE BILL NO. 5185, 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. 5802, by Senators Horn, McCaslin and Haugen

Attempting to integrate planning, review, and terminology among growth management, environmental and ecological protection, and other related areas.

MOTIONS

      On motion of Senator McCaslin, Substitute Senate Bill No. 5802 was substituted for Senate Bill No. 5802 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5802 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued. 

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5802.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5802 and the bill passed the Senate by the following vote: Yeas, 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. 5802, 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. 5044, by Senators Benton and Oke

Revising AIDS-related crimes.

MOTIONS

      On motion of Senator Benton, Substitute Senate Bill No. 5044 was substituted for Senate Bill No. 5044 and the substitute bill was placed on second reading and read the second time.

      Senator Hargrove moved that the following amendment by Senators Hargrove and Benton be adopted:

      On page 2, line 22, after "occurring" strike "within ((three)) seven years ((and a day))” and insert "((within three years and a day)) at any time"                  Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove and Benton on page 2, line 22, to Substitute Senate Bill No. 5044.

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

MOTION

      On motion of Senator Benton, the rules were suspended, Engrossed Substitute Senate Bill No. 5044 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 Hale, Senator McCaslin was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5044.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5044 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 44.                    Voting nay: Senators Fairley, Kline, Prentice and Thibaudeau - 4.                  Excused: Senator McCaslin - 1.      ENGROSSED SUBSTITUTE SENATE BILL NO. 5044, 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. 5959, by Senators Anderson and Morton

Allowing for the establishment of restricted seed potato production areas.

      The bill was read the second time.

MOTIONS

      On motion of Senator Morton, the following Committee on Agriculture and Environment amendment was adopted:

      On page 2, line 7, delete “thirty’ and insert “sixty”               On motion of Senator Anderson, the rules were suspended, Engrossed Senate Bill No. 5959 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. 5959.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5959 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.     ENGROSSED SENATE BILL NO. 5959, 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 11:52 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.

      The Senate was called to order at 2:05 p.m. by President Owen.

MOTION

      On motion of Senator Goings, Senator Loveland was excused.

SECOND READING

      SENATE BILL NO. 6022, by Senators Winsley and Hale

Protecting certain information concerning financial institutions.

MOTIONS

      On motion of Senator Winsley, Substitute Senate Bill No. 6022 was substituted for Senate Bill No. 6022 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. 6022 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. 6022.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6022 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; 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, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 46.   Absent: Senators Long and West - 2.    Excused: Senator Loveland - 1.             SUBSTITUTE SENATE BILL NO. 6022, 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. 5874, by Senators Hale and Winsley

Establishing the confidentiality of voluntary compliance efforts by financial institutions.

      The bill was read the second time.

MOTION

      On motion of Senator Hale, the rules were suspended, Senate Bill No. 5874 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. 5874.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5874 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, 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 Loveland - 1.             SENATE BILL NO. 5874, 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. 5574, by Senator Horn

Instituting property tax reform.

MOTIONS

      On motion of Senator Horn, Substitute Senate Bill No. 5574 was substituted for Senate Bill No. 5574 and the substitute bill was placed on second reading and read the second time.

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

      On page 5, after line 21, insert a new subsection to read as follows:     "(d) A statement as to whether the proposed levy is a new levy or a replacement levy, and if a replacement levy, an estimate of the proposed increase or decrease of the dollar rate of the tax levy as compared with the existing levy;"

MOTION

      Senator Morton moved that the following amendment be adopted:

      On page 8, after line 36, insert “This section shall not apply to counties with 1993 populations of less than fifty thousand persons, such counties shall only be required to revalue property at least once every six years.”

POINT OF INQUIRY

      Senator Loveland: “Senator Morton, I have been trying to follow through and I notice that we have a hand written change on page 8, after line 29. The question was raised to me and I would like to ask you, is this in the proper section of the bill that would not just eliminate anyone having to do with any kind of revaluation other than those of fifty thousand?”

      Senator Morton: “It was Senator Goings who brought this to my attention and that is why we did not move the first amendment. It did have the improper number there of thirty-six and this was drafted, I believe, from the original bill and not from the substitute, so it is my understanding that this is now correct--that it is line 29 as you see in the hand written item and that it does not exclude assessment forever--that it falls in line with excluding only the one year assessment, but requiring assessment every six years. The wording, of course, is in the particular amendment at least once every six years.”

      Further debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Morton on page 8, after line 36, to Substitute Senate Bill No. 5574.

      The motion by Senator Morton failed and the amendment was not adopted on a rising vote.

MOTION

      Senator Spanel moved that the following amendment by Senators Spanel, Hargrove, Loveland, Sheldon and Snyder be adopted:

      On page 7, beginning on line 25, strike all material down through and including "1998." on page 9, line 11       Renumber the remaining parts consecutively and correct internal references accordingly            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 amendment by Senators Spanel, Hargrove, Loveland, Sheldon and Snyder on page 7, beginning on line 25, to Substitute Senate Bill No. 5574.

ROLL CALL

      The Secretary called the roll and the amendment was adopted by the following vote: Yeas, 35; Nays, 14; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Thibaudeau, Wojahn and Wood - 35.                Voting nay: Senators Anderson, Benton, Finkbeiner, Hale, Heavey, Hochstatter, Horn, Johnson, Rossi, Strannigan, Swecker, West, Winsley and Zarelli - 14.

MOTION

      Senator Loveland moved that the following amendment by Senators Wojahn, McAuliffe, Loveland, Snyder, Swanson, Fraser, Thibaudeau,

Franklin, Sheldon, Spanel, Kline, Brown, Bauer, Kohl, Prentice and Fairley be adopted:

      On page 9, beginning on line 12, strike all material down through and including "evidence." on line 21             Renumber the remaining parts consecutively and correct internal references accordingly            Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Wojahn, McAuliffe, Loveland, Snyder, Swanson, Fraser, Thibaudeau, Franklin, Sheldon, Spanel, Kline, Brown, Bauer, Kohl, Prentice and Fairley on page 9, beginning on page 12, to Substitute Senate Bill No. 5574.

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

MOTIONS

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

      On page 1, line 2 of the title, after "84.52.054," insert "and" and after "84.56.020" strike all material through "penalties" on line 4, and insert "; creating new sections; repealing RCW 84.56.022; and prescribing penalties"         On motion of Senator Horn, the rules were suspended, Engrossed Substitute Senate Bill No. 5574 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. 5574.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5574 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.     ENGROSSED SUBSTITUTE SENATE BILL NO. 5574, 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 McCaslin: “A point of personal privilege, Mr. President. Ladies and gentlemen of the Senate. Yesterday, one of our own was honored in Yakima--Senator Alex Deccio--not for being part Irish, but for being so involved in the health programs. On Sunday morning, March 16, Senator Deccio received the Sisters of Providence, Western Province Mother Joseph Medal Award at Providence Hospital Medical Center in Yakima. The award was given for years of community service and for outstanding leadership in sponsoring important health care legislation over the past eighteen years in both the House and the Senate. The ceremony was attended by over two hundred persons. This was the twenty-first award given since the Sisters of Providence were founded a hundred twenty-five years ago. I think when a Senator does this, it reflects upon all of us and I certainly appreciate Senator Deccio and all his work in that area. Thank you, Senator.”

      Senator Deccio thanked Senator McCaslin for his remarks and thanked the Sisters of Providence for their good work.

SECOND READING

      SENATE BILL NO. 5758, by Senators McCaslin, Haugen, Hale, Swecker and Patterson (by request of Governor Locke)

Implementing the recommendations of the land use study commission.

      The bill was read the second time.

MOTION

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

      On page 4, line 24, after "economies" strike all material down through and including "handcrafts" on line 25    On page 4, after line 27, strike all of subsection (d)      Renumber the remaining subsections accordinglyPOINT OF ORDER

      Senator Haugen: “A point of order, Mr. President. I rise to challenge the floor amendments, the ones we just heard, as well as the amendments that are on the desk, under Senate Rule 32, as exceeding the scope of the title of this bill. The title of this legislation is 'Implementing the recommendations of the land use study commission.' The recommendations of the commission are set forth in this legislation and expressed in the intent sections of the legislation as requiring a framework of state guidance on rural development. These floor amendments are directly contrary to the commission's recommendations and, therefore, under no circumstances, could they be considered as implementing the commission's recommendations. Therefore, I ask you, Mr. President, to rule that these amendments are beyond the scope.”

      Further debate ensued.

MOTIONS

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

      On page 7, line 28, after “circumstances” strike the remainder of subsection (a) through "chapter" on line 31    On page 7, line 39, after “uses” strike “shall be principally designed to serve the existing and projected rural population and existing nonresidential uses”On page 8, after line 7, strike all of subsection (c)Renumber the remaining subsections accordinglyOn page 8, line 27, after “existing” insert “and projected”                               On page 8, line 29, strike “villages, hamlets” and insert “towns”On page 8, line 29, after “developments” strike the remainder of subsection (i) through "subsection" on line 33On page 9, line 4, after "uses" strike all material down through and including "sprawl" on line 10         On page 9, line 16, after “that” strike “, as of July 1, 1990,”

POINT OF ORDER

      Senator Haugen: “Thank you, Mr. President. My motion was that these amendments exceed the scope of the title of this bill, because the title is implementing the recommendations.”

      Further debate ensued.

MOTION

      On motion of Senator Johnson, further consideration of Senate Bill No. 5758 was deferred.

SECOND READING

      SENATE BILL NO. 5452, by Senators Hale, Loveland, West, Winsley, Rasmussen and Oke

Exempting nonprofit cancer centers from property tax.

      The bill was read the second time.

MOTION

      On motion of Senator West, the rules were suspended, Senate Bill No. 5452 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. 5452.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5452 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. 5452, 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. 5755, by Senator Swecker

Authorizing service of process by posting in disputes involving mobile home landlords and tenants.

MOTIONS

      On motion of Senator Winsley, Substitute Senate Bill No. 5755 was substituted for Senate Bill No. 5755 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. 5755 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. 5755.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5755 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. 5755, 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. 5621, by Senators Long, Winsley, Patterson, Benton and Oke

Requiring kidnappers of children to register with local law enforcement agencies upon release from custody.

MOTIONS

      On motion of Senator Long, Substitute Senate Bill No. 5621 was substituted for Senate Bill No. 5621 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. 5621 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. 5621.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5621 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. 5621, 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. 5005, by Senators Long, Hargrove, McCaslin, Haugen, Zarelli, Johnson, Winsley, Goings, Rasmussen, Oke and Roach

Concerning concurrent and consecutive sentencing for violent offenses.

MOTIONS

      On motion of Senator Long, Substitute Senate Bill No. 5005 was substituted for Senate Bill No. 5005 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. 5005 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. 5005.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5005 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, 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, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 46.  Voting nay: Senators Kline, Sheldon and Thibaudeau - 3.    SUBSTITUTE SENATE BILL NO. 5005, 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. 5006, by Senators Long, Hargrove, McCaslin, Haugen, Sheldon, Winsley, Goings, Deccio, McAuliffe, Franklin, Rasmussen, Hale, Johnson and Oke

Enhancing sentences and supervision of sex offenders.

MOTIONS

      On motion of Senator Long, Substitute Senate Bill No. 5006 was substituted for Senate Bill No. 5006 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. 5006 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. 5006.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5006 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 2; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, 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, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.    Voting nay: Senator Fairley - 1.            Absent: Senators Deccio and Sellar - 2.      SUBSTITUTE SENATE BILL NO. 5006, 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 Franklin, Senator Goings was excused.

SECOND READING

      SENATE BILL NO. 5575, by Senators Winsley, Prentice and Hale

Regulating mortgage brokers.

MOTIONS

      On motion of Senator Winsley, Substitute Senate Bill No. 5575 was substituted for Senate Bill No. 5575 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. 5575 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. 5575.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5575 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, 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, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 46.                 Voting nay: Senators Stevens and Zarelli - 2.       Excused: Senator Goings - 1.      SUBSTITUTE SENATE BILL NO. 5575, 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.

      Vice President Pro Tempore Morton assumed the Chair.

SECOND READING

      SENATE BILL NO. 5282, by Senators Long, Hargrove, Schow, Zarelli and Winsley

      Extending the scope of hit and run involving death.

MOTIONS

      On motion of Senator Long, Substitute Senate Bill No. 5282 was substituted for Senate Bill No. 5282 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. 5282 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5282.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5282 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. 5282, 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. 5306, by Senators Zarelli, Hargrove, Long, Stevens, Benton, Schow and Roach

Allowing for the testing of offenders for HIV and other communicable diseases.

MOTIONS

      On motion of Senator Zarelli, Second Substitute Senate Bill No. 5306 was substituted for Senate Bill No. 5306 and the second substitute bill was placed on second reading and read the second time.

      Senator Zarelli moved that the following amendment by Senators Zarelli, Franklin, Hargrove and Long be adopted:

      Strike everything after the enacting clause and insert the following:     "NEW SECTION. Sec. 1. (1) The legislature finds that department of corrections staff and jail staff perform essential public functions that are vital to our communities. The health and safety of these workers is often placed in jeopardy while they perform the responsibilities of their jobs. There is a special need to allay the concerns of employees who are substantially exposed to the bodily fluids of offenders or detainees. Great mental anguish can be avoided by a prompt blood test and immediate disclosure to the exposed employee. Therefore, the legislature intends that the results of any HIV tests conducted on an offender or detainee under RCW 70.24.340, 70.24.360, or 70.24.370 be immediately disclosed to the superintendent or administrator of the department of corrections facility or local jail housing the offender or detainee, and also be immediately disclosed to any member of a jail staff or department of corrections staff who has been substantially exposed to the bodily fluids of an offender or detained person. The legislature finds that the system of universal precautions required under federal and state law in all settings where risk of occupational exposure to communicable diseases exists are an effective way to reduce the risk of communicable disease transmission. The legislature does not intend to discourage the use of universal precautions but to provide supplemental information for corrections and jail staff to utilize as part of their universal precautions with all offenders and detained people.        (2) The legislature further finds that, through the efforts of health care professionals and corrections staff, offenders in department of corrections facilities and people detained in local jails are being encouraged to take responsibility for their health by requesting voluntary and anonymous pretest counseling, HIV testing, posttest counseling, and AIDS counseling. The legislature does not intend, through this act, to mandate disclosure of the results of voluntary and anonymous tests. The legislature intends to continue to protect the confidential exchange of medical information related to voluntary and anonymous pretest counseling, HIV testing, posttest counseling, and AIDS counseling as provided by chapter 70.24 RCW.                 Sec. 2. RCW 70.24.105 and 1994 c 72 s 1 are each amended to read as follows:              (1) No person may disclose or be compelled to disclose the identity of any person who has investigated, considered, or requested a test or treatment for a sexually transmitted disease, except as authorized by this chapter.        (2) No person may disclose or be compelled to disclose the identity of any person upon whom an HIV antibody test is performed, or the results of such a test, nor may the result of a test for any other sexually transmitted disease when it is positive be disclosed, except as authorized by this chapter. This protection against disclosure of test subject, diagnosis, or treatment also applies to any information relating to diagnosis of or treatment for HIV infection and for any other confirmed sexually transmitted disease. The following persons, however, may receive such information:                (a) The subject of the test or the subject's legal representative for health care decisions in accordance with RCW 7.70.065, with the exception of such a representative of a minor child over fourteen years of age and otherwise competent;                  (b) Any person who secures a specific release of test results or information relating to HIV or confirmed diagnosis of or treatment for any other sexually transmitted disease executed by the subject or the subject's legal representative for health care decisions in accordance with RCW 7.70.065, with the exception of such a representative of a minor child over fourteen years of age and otherwise competent;                  (c) The state public health officer, a local public health officer, or the centers for disease control of the United States public health service in accordance with reporting requirements for a diagnosed case of a sexually transmitted disease;         (d) A health facility or health care provider that procures, processes, distributes, or uses: (i) A human body part, tissue, or blood from a deceased person with respect to medical information regarding that person; (ii) semen, including that provided prior to March 23, 1988, for the purpose of artificial insemination; or (iii) blood specimens;               (e) Any state or local public health officer conducting an investigation pursuant to RCW 70.24.024, provided that such record was obtained by means of court ordered HIV testing pursuant to RCW 70.24.024; or when disclosure is pursuant to RCW 70.24.340 ((or 70.24.024)), 70.24.360, or 70.24.370;      (f) A person allowed access to the record by a court order granted after application showing good cause therefor. In assessing good cause, the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of the order, the court, in determining the extent to which any disclosure of all or any part of the record of any such test is necessary, shall impose appropriate safeguards against unauthorized disclosure. An order authorizing disclosure shall: (i) Limit disclosure to those parts of the patient's record deemed essential to fulfill the objective for which the order was granted; (ii) limit disclosure to those persons whose need for information is the basis for the order; and (iii) include any other appropriate measures to keep disclosure to a minimum for the protection of the patient, the physician-patient relationship, and the treatment services, including but not limited to the written statement set forth in subsection (5) of this section;               (g) Persons who, because of their behavioral interaction with the infected individual, have been placed at risk for acquisition of a sexually transmitted disease, as provided in RCW 70.24.022, if the health officer or authorized representative believes that the exposed person was unaware that a risk of disease exposure existed and that the disclosure of the identity of the infected person is necessary; (h) A law enforcement officer, fire fighter, health care provider, health care facility staff person, jail staff person, department of corrections staff person, or other persons as defined by the board in rule pursuant to RCW 70.24.340(4), who has requested a test of a person whose bodily fluids he or she has been substantially exposed to, pursuant to RCW 70.24.340(4), if a state or local public health officer performs the test or the test is conducted under RCW 70.24.340, 70.24.360, or 70.24.370;               (i) Claims management personnel employed by or associated with an insurer, health care service contractor, health maintenance organization, self-funded health plan, state-administered health care claims payer, or any other payer of health care claims where such disclosure is to be used solely for the prompt and accurate evaluation and payment of medical or related claims. Information released under this subsection shall be confidential and shall not be released or available to persons who are not involved in handling or determining medical claims payment; ((and))      (j) A department of social and health services worker, a child placing agency worker, or a guardian ad litem who is responsible for making or reviewing placement or case-planning decisions or recommendations to the court regarding a child, who is less than fourteen years of age, has a sexually transmitted disease, and is in the custody of the department of social and health services or a licensed child placing agency; this information may also be received by a person responsible for providing residential care for such a child when the department of social and health services or a licensed child placing agency determines that it is necessary for the provision of child care services; and             (k) A department of corrections superintendent or administrator, or a jail administrator regarding tests of offenders and detained persons under subsection (4) of this section.    (3) No person to whom the results of a test for a sexually transmitted disease have been disclosed pursuant to subsection (2) of this section may disclose the test results to another person except as ((authorized)) otherwise required by ((that subsection)) law.      (4) The release of sexually transmitted disease information regarding an offender or detained person, except as provided in subsection (2)(e) of this section, shall be governed as follows:                (a) The sexually transmitted disease status of a department of corrections offender shall be made available by department of corrections health care providers to a department of corrections superintendent or administrator as necessary for disease prevention or control and for protection of the safety and security of the staff, offenders, and the public. The information may be submitted to transporting officers and receiving facilities, including facilities that are not under the department of correction's jurisdiction.      (b) The sexually transmitted disease status of a person detained in a jail shall be made available by the local public health officer to a jail administrator as necessary for disease prevention or control and for protection of the safety and security of the staff, offenders, detainees, and the public. The results of any test of a person detained in a jail conducted under RCW 70.24.340 or 70.24.360 shall be made available to the jail administrator. The information may be submitted to transporting officers and receiving facilities.      (c) Information regarding ((a department of corrections offender's)) the sexually transmitted disease status of an offender or detained person is confidential and may be disclosed by a correctional superintendent or administrator or local jail administrator only as necessary for disease prevention or control and for protection of the safety and security of the staff, offenders, and the public. Unauthorized disclosure of this information to any person may result in disciplinary action, in addition to the penalties prescribed in RCW 70.24.080 or any other penalties as may be prescribed by law.      (d) Notwithstanding the limitations on disclosure contained in (a), (b), and (c) of this subsection, whenever any member of jail staff or department of corrections staff has been substantially exposed to the bodily fluids of an offender or detained person, then the results of any tests conducted under RCW 70.24.340, 70.24.360, or 70.24.370 shall be immediately disclosed by the department of corrections health care provider or the local public health officer or the officer's designee to the correctional superintendent or administrator or local jail administrator. The superintendent or administrator shall then immediately disclose these results to the staff member who was substantially exposed. The superintendent or administrator and the health care provider or public health officer shall make a good faith effort to provide disclosure to the exposed person within seventy-two hours of exposure. Disclosure must be accompanied by appropriate counseling for the staff member, including information regarding follow-up testing and treatment.                (e) The receipt by an individual of information disclosed under this subsection (4) shall be utilized only for disease prevention or control and for protection of the safety and security of the staff, offenders, detainees, and the public. Use of this information for any other purpose, including harassment or discrimination, may result in disciplinary action, in addition to the penalties prescribed in RCW 70.24.080 or any other penalties as may be prescribed by law.              (5) Whenever disclosure is made pursuant to this section, except for subsections (2)(a) and (6) of this section, it shall be accompanied by a statement in writing ((which)) that includes the following or substantially similar language: "This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of it without the specific written consent of the person to whom it pertains, or as otherwise permitted by state law. A general authorization for the release of medical or other information is NOT sufficient for this purpose." An oral disclosure shall be accompanied or followed by such a notice within ten days.    (6) The requirements of this section shall not apply to the customary methods utilized for the exchange of medical information among health care providers in order to provide health care services to the patient, nor shall they apply within health care facilities where there is a need for access to confidential medical information to fulfill professional duties.        (7) Upon request of the victim, disclosure of test results under this section to victims of sexual offenses under chapter 9A.44 RCW shall be made if the result is negative or positive. The county prosecuting attorney shall notify the victim of the right to such disclosure. Such disclosure shall be accompanied by appropriate counseling, including information regarding follow-up testing.          NEW SECTION. Sec. 3 . A new section is added to chapter 72.10 RCW to read as follows:        (1) The department must develop and implement policies and procedures for the uniform distribution of communicable disease prevention protocols to all corrections staff who, in the course of their regularly assigned job responsibilities, may come within close physical proximity to offenders with communicable diseases.                (2) The protocols must identify the offender and special precautions necessary to reduce the risk of transmission of the communicable disease but must not identify the offender's particular communicable disease.     (3) For the purposes of this section, "communicable disease" means an illness caused by an infectious agent that can be transmitted from one person, animal, or object to another person by direct or indirect means including transmission via an intermediate host or vector, food, water, or air.         NEW SECTION. Sec. 4. A new section is added to chapter 70.48 RCW to read as follows:                 (1) Local jail administrators must develop and implement policies and procedures for the uniform distribution of communicable disease prevention protocols to all jail staff who, in the course of their regularly assigned job responsibilities, may come within close physical proximity to offenders or detainees with communicable diseases.      (2) The protocols must identify the offender or detainee and special precautions necessary to reduce the risk of transmission of the communicable disease but must not identify the offender's or detainee's particular communicable disease.               (3) For the purposes of this section, "communicable disease" means an illness caused by an infectious agent that can be transmitted from one person, animal, or object to another person by direct or indirect means including transmission via an intermediate host or vector, food, water, or air.         NEW SECTION. Sec. 5. The department of health and the department of corrections must each adopt rules to implement this act. The department of health and the department of corrections with the cooperation of local jail administrators must also report to the legislature by January 1, 1998, on the following: (1) Changes made in rules and department of corrections and local jail policies and procedures to implement this act; and (2) a summary of the number and circumstances of mandatory test results that were disclosed to department of corrections staff and jail staff under RCW 70.24.105.           Sec. 6. RCW 70.24.340 and 1988 c 206 s 703 are each amended to read as follows:         (1) Local health departments ((authorized under this chapter)) shall conduct or cause to be conducted pretest counseling, HIV testing, and posttest counseling of all persons:      (a) Convicted of a sexual offense under chapter 9A.44 RCW;               (b) Convicted of prostitution or offenses relating to prostitution under chapter 9A.88 RCW; ((or))           (c) Convicted of drug offenses under chapter 69.50 RCW if the court determines at the time of conviction that the related drug offense is one associated with the use of hypodermic needles; or                (d) Who are offenders or arrested or detained persons and who have subjected a law enforcement officer, fire fighter, health care provider, health care facility staff person, department of corrections staff person, jail staff person, or other category of employee, as determined by the board, to substantial exposure to their bodily fluids. Persons tested under this subsection (1)(d) shall also be tested for hepatitis B.                (2) ((Such)) Testing of persons convicted under subsection (1)(a) through (c) of this section shall be conducted as soon as possible after sentencing and shall be so ordered by the sentencing judge. Testing of persons causing a substantial exposure under subsection (1)(d) of this section shall be conducted as soon as possible, but not later than forty-eight hours after the exposure.             Consent of the persons tested under this section is not required.            (3) ((This section applies)) Subsection (1)(a) through (c) of this section applies only to offenses committed after March 23, 1988, and subsection (1)(d) of this section applies only to exposures occurring after the effective date of this act.            (4)(a) A law enforcement officer, fire fighter, health care provider, health care facility staff person, any member of a jail staff or department of corrections staff, or other categories of employment determined by the board in rule to be at risk of substantial exposure to HIV, who has experienced a substantial exposure to another person's bodily fluids in the course of his or her employment, may request a state or local public health officer to order pretest counseling, HIV testing, hepatitis B testing, and posttest counseling for the person whose bodily fluids he or she has been exposed to.          (b) If the person who is subject to the order is not an offender or arrested or detained person tested under subsection (1) of this section, the person shall be given written notice of the order promptly, personally, and confidentially, stating the grounds and provisions of the order, including the factual basis therefor. If the person who is subject to the order is not an offender or arrested or detained person tested under subsection (1) of this section and refuses to comply, the state or local public health officer may petition the superior court for a hearing. The standard of review for the order is whether substantial exposure occurred and whether that exposure presents a possible risk of transmission of the HIV virus as defined by the board by rule. Upon conclusion of the hearing, the court shall issue the appropriate order.       (c) The state or local public health officer shall perform counseling and testing under this subsection if he or she finds that the exposure was substantial ((and presents a possible risk)) as defined by the board of health by rule.           Sec. 7. RCW 70.24.360 and 1988 c 206 s 706 are each amended to read as follows:         Jail administrators, ((with the approval of)) after consultation with and receiving written recommendations from the local public health officer, may order pretest counseling, HIV testing, and posttest counseling for persons detained in the jail if the ((local public health officer)) jail administrator determines that actual or threatened behavior presents a possible risk to the staff, general public, or other persons. ((Approval of the local public health officer shall be based on RCW 70.24.024(3) and may be contested through RCW 70.24.024(4).)) The administrator shall establish, pursuant to RCW 70.48.071, a procedure to document the possible risk ((which)) that is the basis for the HIV testing. "Possible risk," as used in this section, shall be defined by the jail administrator after consultation with the board ((in rule)). Possible risk, as used in the documentation of the behavior, or threat thereof, shall be reviewed with the person ((to try to assure that the person understands the basis for testing)).      Sec. 8. RCW 70.24.024 and 1988 c 206 s 909 are each amended to read as follows:        (1) Subject to the provisions of this chapter, the state and local public health officers or their authorized representatives may examine and counsel or cause to be examined and counseled persons reasonably believed to be infected with or to have been exposed to a sexually transmitted disease.               (2) Orders or restrictive measures directed to persons with a sexually transmitted disease shall be used as the last resort when other measures to protect the public health have failed, including reasonable efforts, which shall be documented, to obtain the voluntary cooperation of the person who may be subject to such an order. The orders and measures shall be applied serially with the least intrusive measures used first. The burden of proof shall be on the state or local public health officer to show that specified grounds exist for the issuance of the orders or restrictive measures and that the terms and conditions imposed are no more restrictive than necessary to protect the public health.             (3) When the state or local public health officer within his or her respective jurisdiction knows or has reason to believe, because of direct medical knowledge or reliable testimony of others in a position to have direct knowledge of a person's behavior, that a person has a sexually transmitted disease and is engaging in specified conduct, as determined by the board by rule based upon generally accepted standards of medical and public health science, that endangers the public health, he or she shall conduct an investigation in accordance with procedures prescribed by the board to evaluate the specific facts alleged, if any, and the reliability and credibility of the person or persons providing such information and, if satisfied that the allegations are true, he or she may issue an order according to the following priority to:    (a) Order a person to submit to a medical examination or testing, seek counseling, or obtain medical treatment for curable diseases, or any combination of these, within a period of time determined by the public health officer, not to exceed fourteen days.  (b) Order a person to immediately cease and desist from specified conduct ((which)) that endangers the health of others by imposing such restrictions upon the person as are necessary to prevent the specified conduct that endangers the health of others only if the public health officer has determined that clear and convincing evidence exists to believe that such person has been ordered to report for counseling as provided in (a) of this subsection and continues to demonstrate behavior ((which)) that endangers the health of others. Any restriction shall be in writing, setting forth the name of the person to be restricted and the initial period of time, not to exceed three months, during which the order shall remain effective, the terms of the restrictions, and such other conditions as may be necessary to protect the public health. Restrictions shall be imposed in the least-restrictive manner necessary to protect the public health.              (4)(a) Upon the issuance of any order by the state or local public health officer or an authorized representative pursuant to subsection (3) of this section or RCW 70.24.340(4) to a person who is not an offender or arrested or detained person tested under RCW 70.24.340(1), such public health officer shall give written notice promptly, personally, and confidentially to the person who is the subject of the order stating the grounds and provisions of the order, including the factual bases therefor, the evidence relied upon for proof of infection and dangerous behavior, and the likelihood of repetition of such behaviors in the absence of such an order, and notifying the person who is the subject of the order that, if he or she contests the order, he or she may appear at a judicial hearing on the enforceability of the order, to be held in superior court. He or she may have an attorney appear on his or her behalf in the hearing at public expense, if necessary. The hearing shall be held within seventy-two hours of receipt of the notice, unless the person subject to the order agrees to comply. If the person contests the order, no invasive medical procedures shall be carried out prior to a hearing being held pursuant to this subsection. If the person does not contest the order within seventy-two hours of receiving it, and the person does not comply with the order within the time period specified for compliance with the order, the state or local public health officer may request a warrant be issued by the superior court to insure appearance at the hearing. The hearing shall be within seventy-two hours of the expiration date of the time specified for compliance with the original order. The burden of proof shall be on the public health officer to show by clear and convincing evidence that the specified grounds exist for the issuance of the order and for the need for compliance and that the terms and conditions imposed therein are no more restrictive than necessary to protect the public health. Upon conclusion of the hearing, the court shall issue appropriate orders affirming, modifying, or dismissing the order.     (b) If the superior court dismisses the order of the public health officer, the fact that the order was issued shall be expunged from the records of the department or local department of health.    (5) Any hearing conducted pursuant to this section shall be closed and confidential unless a public hearing is requested by the person who is the subject of the order, in which case the hearing will be conducted in open court. Unless in open hearing, any transcripts or records relating thereto shall also be confidential and may be sealed by the order of the court.              NEW SECTION. Sec. 9. A new section is added to chapter 70.28 RCW to read as follows:          (1) The tuberculosis status of a department of corrections offender who is in the infectious stage shall be made available by department of corrections health care providers and local public health officers to a department of corrections superintendent or administrator. The information made available under this subsection (1) shall be utilized by a superintendent or administrator only as provided in section 3 of this act.             (2) The tuberculosis status of a person detained in a jail who is in the infectious stage shall be made available by the local public health officer to the jail administrator. The information made available under this subsection (2) shall be utilized by the jail administrator only as provided in section 4 of this act.                NEW SECTION. Sec. 10. A new section is added to chapter 72.10 RCW to read as follows:          (1) The department shall conduct or cause to be conducted an inspection, examination, and test for the purposes of determining the presence of tuberculosis in the infectious stage of all offenders sentenced to the department. Initial testing shall be conducted within five days of reception, with follow-up testing as medically indicated.    (2) All offenders received by the department, those offenders who are remanded from community custody or work training release, and all offenders who return or are received at a department facility from the community or a local jail after being out of the department's custody for ninety days or more shall be tested for tuberculosis within five days of reception or return to the department's custody, followed by a second test with follow-up testing as medically indicated."          Debate ensued.

      The Vice President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Zarelli, Franklin, Hargrove and Long to Second Substitute Senate Bill No. 5306.

      The motion by Senator Zarelli carried and the striking amendment was adopted.

MOTIONS

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

      On page 1, line 3 of the title, after "staff;" strike the remainder of the title and insert "amending RCW 70.24.105, 70.24.340, 70.24.360, and 70.24.024; adding new sections to chapter 72.10 RCW; adding a new section to chapter 70.48 RCW; adding a new section to chapter 70.28 RCW; creating new sections; and prescribing penalties."            On motion of Senator Zarelli, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5306 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 Bauer was excused.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5306.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5306 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 7; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 41.      Voting nay: Senators Fairley, Kohl, Sheldon, Spanel, Swanson, Thibaudeau and Wojahn - 7.            Excused: Senator Bauer - 1.      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5306, 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.

      President Owen assumed the Chair.

      There being no objection, the Senate resumed consideration of Senate Bill No. 5758, deferred earlier today.

RULING BY THE PRESIDENT

      President Owen: "In ruling upon the point of order raised by Senator Haugen, the President finds that Senate Bill No. 5758 is a measure which makes various changes to the Growth Management Act, including several provisions relating to rural lands and development.

      "The amendments by Senator Swecker on page 4, lines 24 and 27; page 7, lines 28 and 39; page 8, lines 7, 27, and 29 (2); and page 9, lines 4 and 16; would also make changes to the Growth Management Act relating to rural lands and development.

      "The President, therefore, finds that the proposed amendments do not change the scope and object of the bill and the point of order is not well taken.

      "The President would like to remind the members of the body that in analyzing points of order concerning scope and object, the President examines the subject of the bill, and then looks to the title. If the amendment is within the scope and object of the bill, the Senate may amend the title if necessary."

      The amendments by Senator Swecker on page 4, lines 24 and 27; page 7, lines 28 and 39; page 8, lines 7, 27, and 29 (2); and page 9, lines 4 and 16; to Senate Bill No. 5758 were ruled in order.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Swecker on page 4, lines 24 and 27, to Senate Bill No. 5758.

      Debate ensued.

      The motion by Senator Swecker carried and the amendments were adopted on a rising vote.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Swecker on page 7, line 28, to Senate Bill No. 5758.

      Debate ensued.

      The motion by Senator Swecker failed and the amendment was not adopted on a rising vote.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Swecker on page 7, line 39, and page 8, after line 7, to Senate Bill No. 5758.

      Debate ensued.

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

      The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senator Swecker on page 7, line 39, and page 8, after line 7, to Senate Bill No. 5758.

ROLL CALL

      The Secretary called the roll and the amendments were adopted by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Benton, Deccio, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 25.             Voting nay: Senators Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 23.          Excused: Senator Bauer - 1.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Swecker on page 8, line 27, and page 8, line 29 (2), to Senate Bill No. 5758.

      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 amendments by Senator Swecker on page 8, line 27, and page 8, line 29 (2), to Senate Bill No. 5758.

ROLL CALL

      The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Benton, Deccio, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West and Zarelli - 23.       Voting nay: Senators Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, Winsley, Wojahn and Wood - 25.                  Excused: Senator Bauer - 1.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Swecker on page 9, lines 4 and 16, to Senate Bill No. 5758.

      Debate ensued.

      The motion by Senator Swecker failed and the amendments were not adopted on a rising vote.

MOTION

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

      On page 9, at the beginning of line 29, strike "(f)" and insert "(e)"        On page 22, line 3, after "receipt" insert "of the board's order"      On page 22, line 9, after "law" strike "on or before the date" and insert "before receipt by the county or city"    On page 22, line 13, after "though" strike "it" and insert "the application"           On page 22, line 24, after "receipt" insert "of the board's order"            On page 22, line 26, after "receipt" insert "of the board's order"             On page 28, line 29, after "activity" strike ";"        On page 29, line 1, after "comprehensive plan" strike "or" and insert "((or)),"              On page 29, line 1, after "subarea plan" strike "and" and insert "((and)), plan element, county-wide planning policy,"           On page 29, line 2, after "regulations" insert ", monitoring program, or other planning activity adopted under or implementing this chapter"           On page 34, line 24, after "nonagricultural" insert ", nonforest,"

MOTION

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

      On page 36, line 15, after “territory” strike “containing residential property owners”           On page 37, line 6, after “territory” strike “containing residential property owners”      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Wood on page 36, line 15, and page 37, line 6, to Senate Bill No. 5758.

      The motion by Senator Wood carried and the amendments were adopted.

MOTIONS

      On motion of Senator Hale, Senator Anderson was excused.

      On motion of Senator Franklin, Senator Loveland was excused.

MOTION

      On motion of Senator McCaslin, the rules were suspended, Engrossed Senate Bill No. 5758 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5758.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5758 and the bill failed to pass the Senate by the following vote: Yeas, 12; Nays, 34; Absent, 0; Excused, 3.

      Voting yea: Senators Deccio, Fraser, Hochstatter, McCaslin, McDonald, Newhouse, Prince, Roach, Schow, Sellar, West and Wood - 12.      Voting nay: Senators Benton, Brown, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 34.            Excused: Senators Anderson, Bauer and Loveland - 3.         ENGROSSED SENATE BILL NO. 5758, having failed to receive the constitutional majority, was declared lost.

.

NOTICE FOR RECONSIDERATION

      Having voted on the prevailing side, Senator Johnson served notice that he would move to reconsider the vote by which Engrossed Senate Bill No. 5758 failed to pass the Senate.

MOTION

      On motion of Senator Sheldon, Senator Goings was excused.

SECOND READING

      SENATE BILL NO. 5813, by Senators McDonald, Winsley, Prentice and Heavey

Regulating automated teller machines.

MOTIONS

      On motion of Senator Winsley, Substitute Senate Bill No. 5813 was substituted for Senate Bill No. 5813 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. 5813 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. 5813.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5813 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 15; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, Bauer, Brown, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, McDonald, Patterson, Prentice, Prince, Roach, Sellar, Sheldon, Snyder, Spanel, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley and Wood - 32.                Voting nay: Senators Benton, Deccio, Johnson, Long, McAuliffe, McCaslin, Morton, Newhouse, Oke, Rasmussen, Rossi, Schow, Stevens, Wojahn and Zarelli - 15.          Excused: Senators Goings and Loveland - 2.      SUBSTITUTE SENATE BILL NO. 5813, 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 Anderson was excused.

SECOND READING

      SENATE BILL NO. 5562, by Senators Long, Prentice, Wojahn and Deccio

Revising provisions relating to the involuntary commitment of mentally ill persons.

MOTIONS

      On motion of Senator Long, Substitute Senate Bill No. 5562 was substituted for Senate Bill No. 5562 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. 5562 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. 5562.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5562 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.

      Voting yea: Senators Bauer, 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, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 45.         Voting nay: Senators Benton, Stevens and Zarelli - 3.     Excused: Senator Anderson - 1.            SUBSTITUTE SENATE BILL NO. 5562, 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. 5211, by Senators Newhouse, Wojahn and Schow

Authorizing public hospital districts to be self-insurers.

      The bill was read the second time.

MOTION

      On motion of Senator Schow, the rules were suspended, Senate Bill No. 5211 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 Hochstatter was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5211.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5211 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, Hale, Hargrove, Haugen, Heavey, 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 Hochstatter - 2.                 SENATE BILL NO. 5211, 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. 5491, by Senators Stevens, Swecker, Strannigan, Schow and Hochstatter

Revising provision for termination of parent and child relationship.

MOTIONS

      On motion of Senator Long, Substitute Senate Bill No. 5491 was substituted for Senate Bill No. 5491 and the substitute bill was placed on second reading and read the second time.

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

      On page 7, line 24, after "notwithstanding" strike "allegations in any previous dependency petition" and insert "any judicial findings entered in the dependency proceeding upon which this proceeding is based"

MOTION

      On motion of Senator Stevens, the rules were suspended, Engrossed Substitute Senate Bill No. 5491 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. 5491.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5491 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      Voting yea: Senators Bauer, Benton, Brown, 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 - 47.   Absent: Senator Deccio - 1.   Excused: Senator Anderson - 1.            ENGROSSED SUBSTITUTE SENATE BILL NO. 5491, 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 5:30 p.m., on motion Senator Johnson, the Senate recessed until 6:00 p.m.

      The Senate was called to order at 6:00 p.m. by President Owen.

      At 6:00 p.m., there being no objection, the President declared the Senate to be at ease.

      The Senate was called to order at 6:03 p.m. by President Owen.

SECOND READING

      SENATE BILL NO. 5936, by Senators Kohl, Long, Hargrove, Franklin, Bauer and Rasmussen

Creating pilot projects creating fee-based offender educational and vocational programs.

MOTIONS

      On motion of Senator Johnson, Substitute Senate Bill No. 5936 was substituted for Senate Bill No. 5936 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. 5936 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 Brown was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5936.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5936 and the bill passed the Senate by the following vote:

Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, 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, Winsley, Wojahn, Wood and Zarelli - 46.    Absent: Senators Deccio and West - 2. Excused: Senator Brown - 1.                 SUBSTITUTE SENATE BILL NO. 5936, 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. 5970, by Senators Schow, Horn, Bauer, Heavey, Franklin and Anderson

Modifying fireworks statutes.

MOTIONS

      On motion of Senator Schow, Substitute Senate Bill No. 5970 was substituted for Senate Bill No. 5970 and the substitute bill was placed on second reading and read the second time.

      Senator Schow moved that the following amendment by Senators Schow and Patterson be adopted:

      On page 13, line 11, after "exceed" strike "three" and insert "one"        Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Schow and Patterson on page 13, line 11, to Substitute Senate Bill No. 5970.

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

MOTION

      On motion of Senator Schow, the rules were suspended, Engrossed Substitute Senate Bill No. 5970 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

      Senator Fairley: “Senator Schow, in my small town, we went through a lot of public hearings and because of the input of our own folks we decided to totally ban the sale of fireworks within the boundaries of our town. Does this bill preempt that local control?”

      Senator Schow: “No, it doesn't preempt the local control where fireworks have been outlawed.”

      Senator Fairley: “So, we can still totally ban fireworks within our town?”

      Senator Schow: “Yes.”

      Further debate ensued.

MOTION

      On motion of Senator Hale, Senator Zarelli was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5970.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5970 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 14; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Snyder, Stevens, Strannigan, Swecker, West, Winsley and Wood - 32.     Voting nay: Senators Fairley, Fraser, Haugen, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Oke, Prentice, Sheldon, Spanel, Swanson and Thibaudeau - 14.          Absent: Senator Wojahn - 1. Excused: Senators Brown and Zarelli - 2.      ENGROSSED SUBSTITUTE SENATE BILL NO. 5970, 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. 5998, by Senator Haugen

Restructuring the state cosmetology, barbering, esthetics, and manicuring advisory board.

      The bill was read the second time.

MOTION

      On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 5998 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. 5998.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5998 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. 5998, 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. 5164, by Senators Haugen, Long, Goings, Patterson, Franklin and Bauer

Removing certain tenants and occupants from a mobile home park.

      The bill was read the second time.

MOTION

      On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5164 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. 5164.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5164 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 44.                    Voting nay: Senators Fairley, Heavey, Kohl and Thibaudeau - 4.    Absent: Senator Patterson - 1.               SENATE BILL NO. 5164, 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. 5555, by Senators Stevens, Hochstatter, Schow, Zarelli, Roach, Morton, Benton, McCaslin and Oke

Establishing parents' rights in common school education.

MOTIONS

      On motion of Senator Hochstatter, Substitute Senate Bill No. 5555 was substituted for Senate Bill No. 5555 and the substitute bill was placed on second reading and read the second time.

      Senator Stevens moved that the following amendment by Senators Stevens, Long and Hargrove be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The legislature recognizes the inherent and unalienable right and responsibility of the parents to provide for and ensure the health, education, and general well-being of their children. This chapter is intended to recognize that responsibility and to affirm the right of the parents to decide what their children learn and how they are taught in the common schools.                   (2) This chapter defines the roles and obligations of school officials, administrators, staff, and teachers, in order to provide for better cooperation between the school district and the parents, to encourage mutual understanding and confidence, to secure a better education for all children enrolled in the public schools of this state, to otherwise assist the parents in the discharge of their parental responsibility to their children, and to assist the school system in the discharge of its responsibility to the parents.               (3) This act is not meant to be inclusive of all rights and responsibilities of parents with regard to education, only to address those issues where known conflict exists.          NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.               (1) "Emergency situation" means a situation where the student may cause physical harm to himself, herself, or to others.                  (2) "Experimental," "special," or "pilot" class or program means any class or program designed to explore or develop new or unproven teaching methods or techniques or a class or program of limited application to a selected group of students.    (3) "Group therapy" and "sensitivity training" mean group processes where the student's intimate and personal feelings, emotions, values, habits, or beliefs are openly exposed to the group or where emotions, feelings, or attitudes are directed by one or more members of the group toward another member of the group, or where roles are assigned to pupils for the purpose of classifying, controlling, or predicting behavior.          (4) "Parent" means a biological, adoptive or foster parent, or legal guardian.      NEW SECTION. Sec. 3. Parents have the right to know what their children are being taught.           (1) Each school district board of directors shall adopt policies and inform parents about their rights to inspect students' educational records, test results, any educational or other program of the district, and all instructional or other related materials, including teacher manuals, textbooks, films, tapes, supplementary materials, or computer programs. Each school district board of directors shall adopt policies requiring parents to be notified of their right to excuse their child from any course or unit of study specifically about alcoholic stimulants or controlled substances, human sexuality education, education regarding sexually transmitted diseases including HIV or AIDS education, suicide education, or death education. The notice shall be distributed and returned by parents before these courses or units of study are taught. A form signed by the parent must be in each student's file.                     (2) A student may not be placed in an experimental, special, or pilot class or program without written consent of a parent.      (3) Classes shall be held on school property, except for field trips that are necessarily and reasonably beneficial, that are related to the educational program of the student, that are afforded to all members of the class equally, and that are undertaken with the knowledge and written consent of a parent.       (4) The superintendent of public instruction shall develop model forms for school districts to permit parents to excuse their children from programs under this section.

      NEW SECTION. Sec. 4. The parents and the child shall have the right to privacy.            (1) A student may only be tested for intelligence quotient or proficiency in basic skills and academic subject matter. Any testing or inquiry pertaining to a student's attitudes, habits, or values, the student's parent's attitudes, habits, or values, or other personal information pertaining to the student and the student's family, including personality inventories, value appraisals, psychological inventories, or diagnostic tests may be given only after consultation by school personnel with the parent and with the parent's written permission.             Any such tests shall be made available to a parent upon request, and the results of any test or inquiry and any notes, records, or written or taped memoranda regarding the test or inquiry shall be made available to the parents upon request.      (2) All records kept on a student must be provided to the parent upon request for the parent's observation, and copies thereof provided to the parent upon request at cost at the expense of the parent. Records may not be maintained on a student that are not relevant to academic achievement, except that records regarding disciplinary action shall be separately maintained.                  (3) Employees and guests of a school district may not use psychotherapeutic techniques such as group therapy or sensitivity training without prior written permission of the parent.          (4) Except in an emergency situation, which may include death of a relative, a school may not use guidance counseling regarding a student's social, emotional, mental, or personal problems without written notification to the parent within three working days of such counseling. Parental notification is not to be construed as continuing beyond the specific subject of discussion during consultation, unless the parent gives written permission to expand the scope of counseling. A school district may allow a student to participate in limited guidance counseling without the prior written consent of the parent if the student expresses fear or distress that leads the counselor to believe there is a possibility that the child is experiencing child abuse or neglect as defined in RCW 26.44.020.                NEW SECTION. Sec. 5. A parent has the right to be informed of student progress. A parent shall be apprised no less than three times during each school year, in writing, by the teacher or principal, of a student's progress in the basic skills. Such information as standing in the class and standing in relation to national norms shall also be provided to a parent upon request if available.              NEW SECTION. Sec. 6. (1) This chapter shall be liberally construed to protect and enforce the rights this chapter creates and reaffirms.             (2) This chapter has precedence over any now existing law to the contrary. State board of education rules as well as the rules of the superintendent of public instruction shall be deemed amended by chapter ..., Laws of 1997 (this act).           NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 28A RCW.      NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."           Debate ensued.

POINT OF INQUIRY

      Senator Goings: “Senator Stevens, I am looking on page 3, line 21 and below Section 4, talking about an emergency situation, which may include death of a relative. It says, 'A school may not use guidance counseling, etc.' We know and we see a lot today that when tragedies occur around our schools, which they do quite often, that counselors are brought in to talk to students about what has occurred. In my understanding in reading this, that would be prohibited, so, basically, if someone on the school campus--my friend on campus--was hurt, they would not be able to bring in counselors to talk to me about that, unless, first, they were able to contact my parents and get their permission to talk to me about the emergency situation that had just occurred.”

      Senator Stevens: “No, that is not correct. We have cleaned that portion of it up. If you will note, on line 20, it says, 'The training and sensitivity training is mentioned without prior written permission,' and then it goes on to say, ' Except in an emergency situation,' and then it lists the emergency situations on down. So, then, it is not forbidden. Then, you will note down further, it talks about the notification being then given in that instance--after the fact.”

      Senator Goings: “It refers to, 'which may include the death of a relative,' so if a friend at school was injured somehow, this would not apply to them--that would not be an exception?”

      Senator Stevens: “It would be an emergency situation that would include the death of a relative. In other words, if the death of a relative were off campus, naturally, and then that parent or whoever needed to come to the school and the school needed to assist in that, then that would certainly be allowed.”

      Senator Goings: “So, the death of a classmate would not be covered under this emergency?”

      Senator Stevens: “On a one on one basis, the parents would then have to be notified--after the fact--that that had been done.”

      Senator Goings: “Thank you, Senator. Thank you, Mr. President.”

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Stevens, Long and Hargrove to Substitute Senate Bill No. 5555.

      The motion by Senator Stevens carried and the striking amendment was adopted on a rising vote.

MOTIONS

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

      On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "and adding a new chapter to Title 28A RCW."      On motion of Senator Stevens, the rules were suspended, Engrossed Substitute Senate Bill No. 5555 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. 5555.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5555 and the bill failed to pass the Senate by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Benton, Finkbeiner, Hargrove, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Wood and Zarelli - 22.               Voting nay: Senators Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Prince, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, Winsley and Wojahn - 27.               ENGROSSED SUBSTITUTE SENATE BILL NO. 5555, having failed to receive the constitutional majority, was declared lost.

SECOND READING

      SENATE BILL NO. 5651, by Senators Anderson, Newhouse, Schow, Horn and Oke

Restricting actions against employers under industrial insurance.

      The bill was read the second time.

MOTION

      On motion of Senator Schow, the rules were suspended, Senate Bill No. 5651 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. 5651.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5651 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, Haugen, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Wood and Zarelli - 26.      Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, Winsley and Wojahn - 23.           SENATE BILL NO. 5651, 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. 5290, by Senators West and Spanel (by request of Liquor Control Board)

Providing that the liquor control board construction and maintenance account retain its earnings.

MOTIONS

      On motion of Senator West, Substitute Senate Bill No. 5290 was substituted for Senate Bill No. 5290 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. 5290 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. 5290.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5290 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; 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, 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.    Voting nay: Senator Anderson - 1.        SUBSTITUTE SENATE BILL NO. 5290, 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. 5336, by Senators Horn and Haugen

Clarifying and harmonizing provisions affecting cities and towns.

MOTIONS

      On motion of Senator Horn, Substitute Senate Bill No. 5336 was substituted for Senate Bill No. 5336 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 5336 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debated ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5336.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5336 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; 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, 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 Hargrove - 1.               SUBSTITUTE SENATE BILL NO. 5336, 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. 5984, by Senators Schow, Hochstatter and Prince

Regulating power generator installations.

MOTION

      Senator Schow, moved that Senate Bill No. 5984 not be substituted.

      The President declared the question before the Senate to be the motion by Senator Schow to not substitute Senate Bill No. 5984.

      The motion by Senator Schow carried and Senate Bill No. 5984 was not substituted.

      Senate Bill No. 5984 was read the second time.

MOTION

      Senator Schow moved that the following amendment by Senators Schow and Newhouse be adopted:

      Strike everything after the enacting clause and insert the following:     "Sec. 1. RCW 19.28.200 and 1992 c 240 s 1 are each amended to read as follows:  (1) No license under the provision of this chapter shall be required from any utility or any person, firm, partnership, corporation, or other entity employed by a utility because of work in connection with the installation, repair, or maintenance of lines, wires, apparatus, or equipment owned by or under the control of a utility and used for transmission or distribution of electricity from the source of supply to the point of contact at the premises and/or property to be supplied and service connections and meters and other apparatus or appliances used in the measurement of the consumption of electricity by the customer.             (2) No license under the provisions of this chapter shall be required from any utility because of work in connection with the installation, repair, or maintenance of the following:      (a) Lines, wires, apparatus, or equipment used in the lighting of streets, alleys, ways, or public areas or squares;               (b) Lines, wires, apparatus, or equipment owned by a commercial, industrial, or public institution customer that are an integral part of a transmission or distribution system, either overhead or underground, providing service to such customer and located outside the building or structure: PROVIDED, That a utility does not initiate the sale of services to perform such work;              (c) Lines and wires, together with ancillary apparatus, and equipment, owned by a customer that is an independent power producer who has entered into an agreement for the sale of electricity to a utility and that are used in transmitting electricity from an electrical generating unit located on premises used by such customer to the point of interconnection with the utility's system.               (3) Any person, firm, partnership, corporation, or other entity licensed under RCW 19.28.120 may enter into a contract with a utility for the performance of work under subsection (2) of this section.        (4) No license under the provisions of this chapter shall be required from any manufacturer or any person, firm, partnership, or other entity employed by a manufacturer of power generation equipment because of work in the connection with the installation, testing, repair, modification, or maintenance of premanufactured assemblies of electric power generation equipment and control gear.     Premanufactured electric power generation equipment assemblies are made up of reciprocating internal combustion engines and the associated control gear equipment. Control gear equipment includes control logic, metering, and annunciation for the operation and the quality of power being generated by the reciprocating internal combustion engine and does not have the function of distribution of power. For the purposes of this subsection, temporary test connections and installation or connection of components internal to the transfer switch, control gear, or the power generation unit shall be included as part of work on premanufactured electric power generation equipment assemblies.            (5) No license under the provisions of this chapter shall be required from any person, firm, partnership, corporation, or other entity because of the work of installing and repairing ignition or lighting systems for motor vehicles.            (((5))) (6) No license under the provisions of this chapter shall be required from any person, firm, partnership, corporation, or other entity because of work in connection with the installation, repair, or maintenance of wires and equipment, and installations thereof, exempted in RCW 19.28.010.            Sec. 2. RCW 19.28.610 and 1994 c 157 s 1 are each amended to read as follows:          Nothing in RCW 19.28.510 through 19.28.620 shall be construed to require that a person obtain a license or a certified electrician in order to do electrical work at his or her residence or farm or place of business or on other property owned by him or her unless the electrical work is on the construction of a new building intended for rent, sale, or lease. However, if the construction is of a new residential building with up to four units intended for rent, sale, or lease, the owner may receive an exemption from the requirement to obtain a license or use a certified electrician if he or she provides a signed affidavit to the department stating that he or she will be performing the work and will occupy one of the units as his or her principal residence. The owner shall apply to the department for this exemption and may only receive an exemption once every twenty-four months. It is intended that the owner receiving this exemption shall occupy the unit as his or her principal residence for twenty-four months after completion of the units. Nothing in RCW 19.28.510 through 19.28.620 shall be intended to derogate from or dispense with the requirements of any valid electrical code enacted by a city or town pursuant to RCW 19.28.010(3), except that no code shall require the holder of a certificate of competency to demonstrate any additional proof of competency or obtain any other license or pay any fee in order to engage in the electrical construction trade. RCW 19.28.510 through 19.28.620 shall not apply to common carriers subject to Part I of the Interstate Commerce Act, nor to their officers and employees. Nothing in RCW 19.28.510 through 19.28.620 shall be deemed to apply to the installation or maintenance of telephone, telegraph, radio, or television wires and equipment; nor to any electrical utility or its employees in the installation, repair, and maintenance of electrical wiring, circuits, and equipment by or for the utility, or comprising a part of its plants, lines or systems. Nothing in RCW 19.28.510 through 19.28.620 shall be deemed to apply to the installation, maintenance, or modification of premanufactured electric power generation equipment assemblies and control gear equipment by a manufacturer or authorized manufacturer's representative. The licensing provisions of RCW 19.28.510 through 19.28.620 shall not apply to:                   (1) Persons making electrical installations on their own property or to regularly employed employees working on the premises of their employer, unless the electrical work is on the construction of a new building intended for rent, sale, or lease; ((or))                  (2) Employees of an employer while the employer is performing utility type work of the nature described in RCW 19.28.200 so long as such employees have registered in the state of Washington with or graduated from a state-approved outside lineman apprenticeship course that is recognized by the department and that qualifies a person to perform such work; or              (3) Employees of any manufacturer or employees of any person, firm, partnership, or other entity employed by a manufacturer while the employer is performing installation, maintenance, or modification work on a premanufactured power generation assembly and controls for that assembly of the nature described in RCW 19.28.200.                  Nothing in RCW 19.28.510 through 19.28.620 shall be construed to restrict the right of any householder to assist or receive assistance from a friend, neighbor, relative or other person when none of the individuals doing the electrical installation hold themselves out as engaged in the trade or business of electrical installations. Nothing precludes any person who is exempt from the licensing requirements of this chapter under this section from obtaining a journeyman or specialty certificate of competency if they otherwise meet the requirements of this chapter."                 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 striking amendment by Senators Schow and Newhouse to Senate Bill No. 5984.

ROLL CALL

      The Secretary called the roll and the striking amendment was adopted by the following vote: Yeas, 27; Nays, 21; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Jacobsen, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 27.      Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 21.           Absent: Senator Hargrove - 1.MOTIONS

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

      On page 1, line 2 of the title, after "assemblies;" strike the remainder of the title and insert "and amending RCW 19.28.200 and 19.28.610."      On motion of Senator Schow, the rules were suspended, Engrossed Senate Bill No. 5984 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5984.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5984 and the bill failed to pass the Senate by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Wood and Zarelli - 23.               Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, Winsley and Wojahn - 26.               ENGROSSED SENATE BILL NO. 5984, having failed to receive the constitutional majority, was declared lost.

NOTICE FOR RECONSIDERATION

      Having voted on the prevailing side, Senator Long served notice that she would move to reconsider the vote by which Engrossed Senate Bill No. 5984 failed to pass the Senate.

SECOND READING

      SENATE BILL NO. 5938, by Senators Roach, Long, Zarelli, Haugen, Benton, Finkbeiner, Oke, Swecker, Anderson, Stevens, Winsley, Strannigan and Schow

Revising sentencing provisions.

      The bill was read the second time.

MOTION

      On motion of Senator Roach, the rules were suspended, Senate Bill No. 5938 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. 5938.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5938 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, 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, West, Winsley, Wood and Zarelli - 45.        Voting nay: Senators Kline, Thibaudeau and Wojahn - 3.               Absent: Senator Franklin - 1.                 SENATE BILL NO. 5938, 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. 5084, by Senators Roach, Schow, Benton, Swecker, Zarelli, Morton, Hochstatter, Johnson, McCaslin, Winsley, Stevens and Oke

Allowing a court to award attorneys' fees and other court costs to an individual or small business that successfully appeals a state agency directive in court.

MOTIONS

      On motion of Senator West, Second Substitute Senate Bill No. 5084 was substituted for Senate Bill No. 5084 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator West, the rules were suspended, Second Substitute Senate Bill No. 5084 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5084.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5084 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, 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 - 44.                    Voting nay: Senators Fairley, Heavey, Kline and Kohl - 4.             Absent: Senator Swanson - 1.                SECOND SUBSTITUTE SENATE BILL NO. 5084, 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. 5629, by Senators Roach, Hargrove, Winsley, Long, Benton, Schow and Oke

Making domestic violence an aggravating circumstance for purposes of sentencing decisions.

MOTIONS

      On motion of Senator Roach, Substitute Senate Bill No. 5629 was substituted for Senate Bill No. 5629 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. 5629 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. 5629.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5629 and the bill passed the Senate by the following vote:

Yeas, 48; Nays, 1; 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, West, Winsley, Wojahn, Wood and Zarelli - 48.    Voting nay: Senator Thibaudeau - 1.     SUBSTITUTE SENATE BILL NO. 5629, 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. 5739, deferred on second reading March 12, 1997, after an amendment by Senator Heavey, beginning on page 2, line 21, was adopted.

MOTION

      Senator Horn moved that the following amendment by Senators Horn and Haugen be adopted:

      Strike everything after the enacting clause and insert the following:     "Sec. 1. RCW 49.12.005 and 1994 c 164 s 13 are each amended to read as follows:  For the purposes of this chapter:        (1) The term "department" means the department of labor and industries.      (2) The term "director" means the director of the department of labor and industries, or the director's designated representative.      (3) The term "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees and for the purposes of RCW 49.12.270 through 49.12.295 and section 2 of this act also includes the state, any state institution, any state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.    (4) The term "employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.  (5) The term "conditions of labor" shall mean and include the conditions of rest and meal periods for employees including provisions for personal privacy, practices, methods and means by or through which labor or services are performed by employees and includes bona fide physical qualifications in employment, but shall not include conditions of labor otherwise governed by statutes and rules and regulations relating to industrial safety and health administered by the department.        (6) For the purpose of chapter 16, Laws of 1973 2nd ex. sess. a minor is defined to be a person of either sex under the age of eighteen years.   NEW SECTION. Sec. 2. A new section is added to chapter 49.12 RCW to read as follows:         (1) Notwithstanding the provisions of chapter 49.46 RCW or other provisions of this chapter, the obligation of an employer to furnish or compensate an employee for apparel required during work hours shall be determined only under this section.        (2) Employers are not required to furnish or compensate employees for apparel that an employer requires an employee to wear during working hours unless the required apparel is a uniform.      (3) As used in this section, a uniform is:                (a) Apparel of a distinctive style and quality that, when worn outside of the workplace, clearly identifies the person as an employee of a specific employer;           (b) Apparel that is specially marked with an employer's logo;      (c) Unique apparel representing an historical time period or an ethnic tradition; or               (d) Formal apparel.                 (4) Except as provided in subsection (5) of this section, if an employer requires an employee to wear apparel of a common color that conforms to a general dress code or style, the employer is not required to furnish or compensate an employee for that apparel. For the purposes of this subsection, "common color" is limited to the following colors or shades of colors: Black, white, light gray, gray, tan, khaki, dark brown, brown, navy blue, and blue, commonly worn in public.            (5) If an employer changes the color or colors of apparel required to be worn by all employees more than once in a calendar year, the employer shall furnish or compensate the employee for the apparel.       (6) For the purposes of this section, personal protective equipment required for employee protection under chapter 49.17 RCW is not deemed to be employee wearing apparel.      NEW SECTION. Sec. 3. Nothing in this act shall be construed to alter the terms, conditions, or practices contained in any collective bargaining agreement in effect at the time of the effective date of this act until the expiration date of such agreement."            Debate ensued.

POINT OF INQUIRY

      Senator Spanel: “Senator Horn, are these colors for just pants or skirts or is it for blouse and shirt, also?”

      Senator Horn: “These would be colors for either the blouse, shirt or pants, right.”

      Further debate ensued.

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

MOTION

      On motion of Senator Sheldon, and there being no objection, the demand for a roll call on the striking amendment to Substitute Senate Bill No. 5739 was withdrawn.

MOTION

      On motion of Senator Swecker, Senator Benton was excused.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Horn and Haugen to Substitute Senate Bill No. 5739.

      The motion by Senator Horn carried and the striking amendment was adopted.

MOTIONS

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

      On page 1, line 1 of the title, after "apparel;" strike the remainder of the title and insert "amending RCW 49.12.005; adding a new section to chapter 49.12 RCW; and creating a new section."    On motion of Senator Horn, the rules were suspended, Engrossed Substitute Senate Bill No. 5739 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. 5739.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5739 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Deccio, Finkbeiner, Goings, Hale, Haugen, Hochstatter, Horn, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Spanel, Stevens, Strannigan, Swecker, West, Wood and Zarelli - 32.     Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Hargrove, Heavey, Jacobsen, Kline, Kohl, Sheldon, Snyder, Swanson, Thibaudeau, Winsley and Wojahn - 16.      Excused: Senator Benton - 1.       ENGROSSED SUBSTITUTE SENATE BILL NO. 5739, 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 8:35 p.m., on motion of Senator Johnson, the Senate adjourned until 8:30 a.m., Tuesday, March 18, 1997.

BRAD OWEN, President of the Senate

MIKE O'CONNELL, Secretary of the Senate