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SIXTY-SIXTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, March 19, 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 Benton, Finkbeiner, Hochstatter, McAuliffe, Patterson and West. On motion of Senator Hale, Senators Benton, Finkbeiner, Hochstatter, and West were excused. On motion of Senator Franklin, Senator McAuliffe was excused.
The Sergeant at Arms Color Guard, consisting of Pages Emily Jackson and Marian Ladenburg, presented the Colors. Jim McCully of the Baih'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.
SECOND READING
SENATE BILL NO. 5775, by Senator McCaslin
Providing additional exemptions from state law for the handling of hazardous devices.
The bill was read the second time.
MOTION
On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 5775 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. 5775.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5775 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43. Absent: Senator Patterson - 1. Excused: Senators Benton, Finkbeiner, Hochstatter, McAuliffe and West - 5. SENATE BILL NO. 5775, 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. 5781, by Senators McCaslin, Haugen, Morton, Rasmussen, Anderson, Swecker and Schow
Requiring voter approval of city assumption of water or sewer systems.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 5781 was substituted for Senate Bill No. 5781 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. 5781 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. 5781.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5781 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43. Absent: Senator Patterson - 1. Excused: Senators Benton, Finkbeiner, Hochstatter, McAuliffe and West - 5. SUBSTITUTE SENATE BILL NO. 5781, 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 Patterson was excused.
SECOND READING
SENATE BILL NO. 5871, by Senators Roach, Fairley, Patterson, McCaslin, Winsley, Sheldon, Goings and Oke
Redefining law enforcement officer to include a port district officer.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5871 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. 5871.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5871 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43. Excused: Senators Benton, Finkbeiner, Hochstatter, McAuliffe, Patterson and West - 6. SENATE BILL NO. 5871, 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. 5894, by Senators Roach, Goings, Zarelli, Horn, Spanel and Winsley
Enhancing training of correctional personnel.
MOTIONS
On motion of Senator Long, Substitute Senate Bill No. 5894 was substituted for Senate Bill No. 5894 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. 5894 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. 5894.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5894 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 44. Absent: Senator Hargrove - 1. Excused: Senators Finkbeiner, McAuliffe, Patterson and West - 4. SUBSTITUTE SENATE BILL NO. 5894, 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. 5925, by Senator West
Conditioning the use of college credits for the teachers' salary schedule.
The bill was read the second time.
MOTION
On motion of Senator Johnson, the rules were suspended, Senate Bill No. 5925 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. 5925.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5925 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, 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 Finkbeiner and McAuliffe - 2. SENATE BILL NO. 5925, 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. 5636, by Senators Oke, Swecker, Rossi and Horn
Revising health inspection warrants for local health officers in response to pollution in commercial or recreational shellfish harvesting areas.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 5636 was substituted for Senate Bill No. 5636 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 5636 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. 5636.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5636 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, 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 McAuliffe - 1. SUBSTITUTE SENATE BILL NO. 5636, 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.
STATEMENT FOR THE JOURNAL
It has come to my attention that I voted incorrectly on a bill before the Senate on final passage.
It was my intention to vote in favor of Senate Bill No. 5326.
Please insert this letter into the official record.
SENATOR CALVIN GOINGS, Twenty-fifth District
STATEMENT FOR THE JOURNAL
The roll call record for March 19, 1997, reflects that I voted against Senate Bill No. 5326 on final passage. I hereby request to go on record as having voted incorrectly on that final passage. I voted against this measure; my intent was to vote in its favor.
SENATOR MARILYN RASMUSSEN, Second District
SECOND READING
SENATE BILL NO. 5326, by Senators Hargrove, Zarelli, Loveland, Snyder, Schow, Rasmussen and Benton
Removing requirements relating to carrying firearms unloaded and encased in an opaque case or wrapper.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5326 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. 5326.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5326 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Finkbeiner, Hale, Hargrove, Heavey, Hochstatter, Horn, Johnson, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Snyder, Stevens, Strannigan, Swecker, West and Zarelli - 26. Voting nay: Senators Brown, Deccio, Fairley, Franklin, Fraser, Goings, Haugen, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Spanel, Swanson, Thibaudeau, Winsley, Wojahn and Wood - 23. SENATE BILL NO. 5326, 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. 5091, deferred on second reading, March 15, 1997, after the amendment by Senator Fairley on page 3, line 31, was not adopted.
MOTION
Senator Loveland moved that the following amendments be considered simultaneously and be adopted:
On page 1, beginning on line 13, strike "1997" and insert "1998". On page 1, line 15, after "January 1," strike "1997" and insert "1998". On page 2, line 4, after "January 1," strike "1997" and insert "1998". On page 2, line 8, beginning with "Local" strike all material through "act)" and insert "No local laws enacted prior to January 1, 1998, that are inconsistent with chapter ..., Laws of 1997 (this act) shall be amended to create further inconsistencies with chapter ..., Laws of 1997 (this act)" 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 Loveland on page 1, beginning on line 13, and line 15; and page 2, lines 4 and 8, to Substitute Senate Bill No. 5091.
ROLL CALL
The Secretary called the roll and the amendments were adopted by the following vote: Yeas, 26; Nays, 22; Absent, 1; Excused, 0.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, Winsley, Wojahn and Wood - 26. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West and Zarelli - 22. Absent: Senator Prince - 1.MOTION
On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 5091 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Franklin: “I have had a lot of calls and concerns from tenants in regards to this bill, Senator Roach. Does this speak to the eviction as it relates to just cause?”
Senator Roach: “Looking in the bill, Senator Franklin--”
Senator Franklin: “Just cause eviction.”
Senator Roach: “I believe this bill is addressing all issues that deal with landlord/tenant relations and we have very strong state laws already in place, so what we are dealing with are those very few places where local law--local jurisdictions--would have some abilities to make laws.”
Senator Franklin: “Thank you, Senator.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5091.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5091 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 37. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Kline, Prentice, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 12. ENGROSSED SUBSTITUTE SENATE BILL NO. 5091, 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. 5258, by Senators Hochstatter, Zarelli, Finkbeiner, McAuliffe, Rasmussen and Goings
Providing medical assistance in public schools.
The bill was read the second time.
MOTION
On motion of Senator Hochstatter, the rules were suspended, Senate Bill No. 5258 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. 5258.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5258 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47. Absent: Senators Patterson and Wood - 2. SENATE BILL NO. 5258, 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. 5529, by Senators Kohl, Horn, Heavey, Schow, Fairley, Winsley and Oke
Requiring a landlord to provide a rent receipt if requested.
MOTIONS
On motion of Senator Roach, Substitute Senate Bill No. 5529 was substituted for Senate Bill No. 5529 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. 5529 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. 5529.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5529 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. 5529, 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. 5954, by Senators West, Swecker, Rossi, Snyder and Kohl
Regulating claims against the University of Washington.
The bill was read the second time.
MOTIONS
On motion of Senator Kohl, the following amendment by Senators Kohl and West was adopted:
On page 2, after line 19, insert "Pursuant to RCW 42.17.310(1)(i) and (j)," On motion of Senator West, the rules were suspended, Engrossed Senate Bill No. 5954 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Heavey: “Senator West, why do we have a clause that says that this bill is necessary to protect the public peace, safety or health and cut off the rights of the peoples' right to a referendum on this bill?”
Senator West: “Senator Heavey, I believe the body had the opportunity to remove that clause and I think you would have found support for that if the amendment had been offered. Unfortunately, we are now on third reading. I don't believe that the public would forward a referendum on this issue. This is kind of a minute issue of state government internal management, but I understand your concern and the principle that you are advocating and have agreed with the body's intent in the past and I will try and be more diligent in the future.” The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5954.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5954 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. 5954, 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. 5754, by Senators Horn, Franklin and Newhouse (by request of Department of Licensing)
Regulating boxing, kickboxing, martial arts, and wrestling.
The bill was read the second time.
MOTION
On motion of Senator Horn, the rules were suspended, Senate Bill No. 5754 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. 5754.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5754 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Voting nay: Senators Fairley, Haugen, Heavey and Spanel - 4. SENATE BILL NO. 5754, 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. 5922, by Senator West
Limiting capital expenditures and public indebtedness on capital projects.
MOTIONS
On motion of Senator Strannigan, Substitute Senate Bill No. 5922 was substituted for Senate Bill No. 5922 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Strannigan, the rules were suspended, Substitute Senate Bill No. 5922 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. 5922.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5922 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, Deccio, Finkbeiner, Franklin, Goings, Hale, Haugen, Hochstatter, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 32. Voting nay: Senators Bauer, Brown, Fairley, Fraser, Hargrove, Heavey, Jacobsen, Kline, Kohl, McAuliffe, Patterson, Prentice, Spanel, Swanson, Thibaudeau and Wojahn - 16. Absent: Senator Benton - 1. SUBSTITUTE SENATE BILL NO. 5922, 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. 5831, by Senators Newhouse, Deccio, Haugen and McCaslin
Eliminating provisions allowing adjacent counties as the venue of actions by or against counties.
The bill was read the second time.
MOTION
On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 5831 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. 5831.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5831 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 14; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Rossi, Schow, Sellar, Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 34. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Heavey, Kline, Kohl, McAuliffe, Patterson, Prentice, Roach, Sheldon, Swanson and Thibaudeau - 14. Excused: Senator Loveland - 1. SENATE BILL NO. 5831, 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 Senate Bill No. 5255, which was deferred on second reading March 18, 1997.
MOTION
Senator Snyder moved that Senate Bill No. 5255 be laid upon the table.
Senator Johnson demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the motion by Senator Snyder that Senate Bill No. 5255 be laid upon the table.
ROLL CALL
The Secretary called the roll and the motion to lay Senate Bill No. 5255 on the table failed by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 22. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 27.
MOTION
On motion of Senator Wojahn, all the remarks on the final passage of Senate Bill No. 5255 will be spread upon the Journal.
MOTION
Senator Thibaudeau: “Thank you, Mr. President. I move that the following amendment by Senators Fairley and Thibaudeau be adopted. This simply removes the emergency clause. I urge your support.”
On page 1, beginning on line 5, strike all of section 1 Renumber the remaining sections consecutively and correct any internal references accordingly.
REMARKS BY SENATOR SWECKER
Senator Swecker: “Thank you, Mr. President. I rise to speak in favor of this amendment. I, too, urge that you remove the emergency clause. This is one of the many changes that we are making in the striking amendment and it's certainly compatible with our intent.”
The President declared the question before the Senate to be the adoption of the amendment by Senators Fairley and Thibaudeau on page 1, beginning on line 5, to Senate Bill No. 5255.
The motion by Senator Thibaudeau carried and the amendment was adopted.
WITHDRAWAL OF AMENDMENT
Senator Swecker: “Thank you, Mr. President. With your permission I would like to withdraw the amendment No. 218.”
MOTION
Senator Swecker moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. The legislature finds that: (1) Minor children often lack the ability to make fully informed choices that take into account both the immediate and long-range consequences of their actions; (2) the medical, physiological, emotional, and psychological consequences of abortion are serious and can be lasting, particularly when the patient is a minor child; (3) the capacity to become pregnant and the capacity for mature judgment, concerning whether to obtain an abortion, are not logically related; (4) parents ordinarily possess information essential to a physician's exercise of his or her best medical judgment concerning the parent's minor child; and (5) a parent who is aware that his or her minor daughter is having an abortion may better ensure that she receives adequate medical attention subsequent to her abortion. The legislature further finds that parental consultation is desirable and in the best interest of the minor child. It is the intent of the legislature to further the legitimate and compelling state interests of protecting minor children against their own immaturity, fostering the family structure and preserving it as a viable social unit, and protecting the rights of parents to rear minor children who are members of their household. NEW SECTION. Sec. 2 . Unless the context clearly requires otherwise, the following definitions apply throughout this chapter. (1) "Minor" means any person under the age of eighteen years. (2) "Emancipated minor" means any minor who is or has been married, or has by court order otherwise been freed from the care, custody, and control of her parents or legal guardian. (3) "Abortion" means the use of any instrument, medicine, drug, or other substance or device with intent to terminate the pregnancy of a female known to be pregnant. (4) "Next friend" means one acting for the benefit of a minor or another person who is unable to look after her own interest. The next friend is not a party to the action, but is an officer of the court who serves without being regularly appointed as a guardian ad litem. NEW SECTION. Sec. 3. (1) Except in a medical emergency requiring immediate medical action, no abortion shall be performed upon an unemancipated, pregnant minor unless she has first given her written consent to the abortion and has also notified a parent or her legal guardian. (2) If neither of the parents nor the legal guardian is available within a reasonable time or manner, or cannot be located after a reasonable effort has been made to locate a parent or guardian, or the parties who must be notified pursuant to this section refuse to accept notification of the performance of an abortion, or the minor elects not to notify those to whom notification is required, then the pregnant minor may petition, on her own behalf or by next friend, the superior court of any county of this state for a waiver of the notification requirement of this section under the procedures of section 4 of this act. The physician performing the abortion shall explain to the patient the term "emancipated minor" and shall ask the patient if she is or is not an emancipated minor. The patient shall inform the physician whether she is or is not an emancipated minor. NEW SECTION. Sec. 4. (1) The requirements and procedures under this chapter are available and apply to unemancipated, pregnant minors whether or not they are residents of this state. The basic juvenile court act, chapter 13.04 RCW, shall not apply to proceedings or procedures conducted under this chapter. (2) The court shall ensure that the minor or her next friend is given assistance in preparing and filing the petition, and shall ensure that the minor's identity is kept confidential. (3) The minor may participate in proceedings in the court on her own behalf, and the court may appoint a guardian ad litem for her. The court shall advise her that she has a right to court-appointed counsel and shall provide her with counsel upon her request. (4) Court proceedings under this section shall be confidential, shall be conducted in the judge's chambers, and shall be given precedence over other pending matters as is necessary to ensure that the court may reach a decision promptly, but in no case may the court fail to rule within four court days from the time of application, unless extended at the request of the minor. (5) The notification requirement shall be waived if the court finds either: (a) That the minor is sufficiently mature and sufficiently well-informed to make the abortion decision on her own; or (b) That the performance of the abortion would be in the minor's best interest. (6) A court that conducts proceedings under this section shall issue written and specific findings of fact and conclusions of law supporting its decision and shall order that a confidential record of the evidence be maintained. (7) An expedited, confidential appeal shall be available, as the supreme court shall provide by rule, to any minor or guardian ad litem, but in no case may the court of appeals fail to rule within seven court days from the time the notice of appeal has been filed, unless extended at the request of the minor. (8) The supreme court is requested to adopt any rules necessary to ensure that proceedings under this chapter are handled in an expeditious and confidential manner. (9) No fees may be required of any minor who avails herself of the procedures provided by this section. NEW SECTION. Sec. 5. The requirements of section 3 of this act shall not apply when, in the best medical judgment of a physician based on the facts of the particular case, a medical emergency exists that so complicates the pregnancy as to require an immediate abortion. NEW SECTION. Sec. 6. 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. NEW SECTION. Sec. 7. Sections 1 through 6 of this act shall constitute a new chapter in Title 70 RCW."
REMARKS BY SENATOR SWECKER
Senator Swecker: “Speaking to this amendment, I need to speak to the underlying bill, because it is the bill. First, I'd just like to simply state what the bill does do. It provides that before an abortion on a minor child can be performed, at least one of the parents must be notified. It allows for an immediate abortion if, in the opinion of a physician, an emergency exists. And it provides that any minor child or her friend can petition the superior court for relief from this act.
“This bill, this proposed substitute, is dramatically different from the original legislation that was considered in committee. These are the things that have been changed: The bill no longer includes an emergency clause; it changed the provisions of the bill so that it required the notification of only one parent, not both parents; it provides that the proceedings would take place in the judge's chambers to preserve the anonymity of the minor; it changes the provision that a guardian ad litem shall be appointed to the provision that one may be appointed, and that is because in other states, they have found that they don't always need to appoint a guardian ad litem--these cases are so simple; it defines the word 'friend,' and basically, a friend is anyone that the child chooses to act as their advocate. That could be another relative; it could be a minister; it could be a clinic counselor; it could be the nurse in the doctor's office; it could be the doctor; it could be anyone. It's a very broad term, and we're trying to be as inclusive as possible.
“The bill does away with all of the reporting requirements that were originally included for the doctors. And, finally, it eliminates all of the criminal penalties that previously existed in the bill. I think it's really important to understand what the conditions are when the court tries to make the decision whether they should waive the requirement that the parent be notified. The provisions are very simple. You don't have to prove you're in a bad home; you don't have to prove that you've been abused; you don't have to prove that you're being threatened or anything like that. The only thing the judge rules on is whether the child is sufficiently mature and sufficiently well informed to make the decision. The other provision, even if the child isn't sufficiently mature, the judge can rule in favor of the minor child, in this case, if it's simply in the best interest of the child. So, it's not an onerous standard at all; it's a very simple standard. It may even be one that a good child from a good home might want to petition the court just because they don't want to tell their folks, and if the judge says that they are sufficiently mature to make the decision, and it's in their best interest, that satisfies the requirement of the law.
“I think it's also important to note--I'll save my remarks for the final passage, but I urge your support of this amendment.”
REMARKS BY SENATOR THIBAUDEAU
Senator Thibaudeau: “Thank you, Mr. President. Rising to oppose the amendment. This does a couple of things. It still does them, and that is it puts the doctor in the position of being a law enforcer. He's got to know all the provisions of this bill--he or she I should say, because there are certainly more women these days--got to know all the provisions of this bill, and when he violates the bill, then he breaks the law, so we are criminalizing physicians once again.
“In terms of heath care of the adolescent, and everybody wants to know of the health care of their children, nobody has any doubt about that. But, when they don't, when you delay these things, then what happens is, the child's health is jeopardized, either through delaying the process, having to go to court, and most kids really aren't going to--whether it's in chambers or in the regular courtroom--aren't going to be knowledgeable enough to do this. So, they're going to delay, they're going to put it off, their health is jeopardized. Their health is jeopardized, and, once again, it makes it very, very difficult for them, and that's the whole goal of this effort is to make the choice for abortion, not a choice at all. Again, we all want to know about the health care of our children, but this drives them into trying to do it themselves, trying to go to the back alley, and that's the purpose of this. I understand that, and I respect other people's opinions, but I just simply can't vote for this bill, even as amended. Thank you.”
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Swecker to Senate Bill No. 5255.
The motion by Senator Swecker carried and the striking amendment was adopted.
MOTION
Senator Swecker: “Thank you, Mr. President. I move that the following title amendment be adopted:
On page 1, line 1 of the title, after "abortions;" insert "and" and after "RCW" strike the remainder of the title The title amendment was adopted.
MOTION
On motion of Senator Swecker, the rules were suspended, Engrossed Senate Bill No. 5255 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
REMARKS BY SENATOR SWECKER
Senator Swecker: “Thank you. You've heard some of the questions that people have about this legislation. What about the doctors? What will the doctor's procedures be in the event this legislation passes? I really think it will change only one thing. The doctors will either talk to the parents when the parents come with the minor child for this procedure, at which time they'll probably have a notice that the parent signed saying they've been notified. Or, they'll send a certified letter to the parent. It's going to be real simple. I'm sure that's exactly what an attorney would advise a doctor. In fact, I've consulted with attorneys on the legislation, and that's exactly what they've told me is that they'll simply send out a certified letter that has a signature when it's received.
“We've also heard the concern that this will complicate the process unnecessarily for the minor child. I would submit to you that, even today, when a child makes a decision to get an abortion, there's always a point of first contact. I believe that is the point at which the child will have adequate opportunity to initiate this relief from the provisions of the act. I think those first contacts are often doctors, their nurses, their family planning clinic counselors. They may be adult relatives; they may be school counselors. In any case, each one of those individuals acting as the friend of the child will then be able to pick up the phone and call the court. And these procedures, when they've been adopted in other states, have been very expeditious. They're a fifteen minute procedure as far as getting the permission. They cost the courts less than $50.00, so it's turned out to be very simple.
“Finally, to close, I want to say that these are the effects of the legislation in other states--a decrease in abortion ranging from thirteen percent in Pennsylvania, to forty percent in Nebraska, a decrease in teen pregnancy ranging from 2.8 percent in Mississippi to seven percent in Pennsylvania, and a decrease in live births to teens ranging from twenty-four percent in Michigan to eleven percent in Nebraska. So, I submit to you that this bill is a very painless way to achieve the end that we all seek, and I urge your support.”
REMARKS BY SENATOR FAIRLEY
Senator Fairley: “Thank you, Mr. President. Well, I rise in great opposition to this bill. You know, it's not a perfect world; I really wish it were. Then this bill would help. But, you know, this bill isn't going to make young women trust their parents, and it's not going to make parents care for their kids. I've worked with pregnant teenagers. I know what's out there--rape, incest, abandonment. You know, young women who are pregnant, are often very fearful. They're undergoing a time of great trauma, and very, very often, they're ashamed. This leads them to do things that may harm them. And, as a parent, I want to tell you, you don't want that. You just don't want that. As I say, if it were a perfect world, this might work, but, it isn't. I ask you to vote 'no.'”
REMARKS BY SENATOR HARGROVE
Senator Hargrove: “Thank you, Mr. President. Well, I appreciate the debate on this, and it's being done in a civil manner here, but I would like to say that this really isn't an up or down on the pro life or pro choice issue, because certainly I think there are many pro choice parents that would like to be involved in this decision with their minor child. If you have a twelve or thirteen year old that's going in for a significant medical procedure--by the way which all other medical procedures, you would need the parent's permission to go forward with. Now, we're just saying just notify one of the parents unless, and there's a list of good reasons why you, in fact, almost no reason why you can go to court and get out of this. And, in fact, even somebody from the clinic can go down to the court and say, ' We don't want this child to have to notify their parents for X, Y or Z reason.'
“We've passed legislation across this floor that suggests that if a child is going to participate in mental health treatment, the parents need to be notified. Already in medical procedures, parents have to be notified. What we do is, we have a situation here where this is a significant medical procedure, things don't always go right. Sometimes, it goes wrong. Sometimes somebody that's getting an abortion gets injured, and guess who has to pick up the pieces and deal with that after the fact? The parent does. The people from the clinic aren't there to counsel and
nurture, and be able to take care of the child afterwards. The parent is the one that's going to have to deal with those issues. I think this, especially the way it's been amended, is eminently reasonable. All we're trying to do is be able to connect parents to their kids when there is a very significant medical decision to be made. And then, it doesn't require the parent's consent, just that they have a chance to talk to them. It also says, as we've mentioned before, if there's any reservation about doing that, there's a process set up by where they can avoid that.
“I don't see what possible more exceptions you could put in this to make it reasonable. I think we need to realize that many parents may say, 'You know, you don't want to have this unwanted child, you don't want to be a thirteen year old with a child to take care of,' and encourage their child to get an abortion. That's not what I would do, but many parents may do that. And, instead of the child having to worry about what their parent is going to think, they may have support in that decision. But, instead, we're going to put them through this very traumatic decision at a very young age, without the support of their parent. I would urge you to support this bill.”
REMARKS BY SENATOR WOJAHN
Senator Wojahn: “Speaking against this bill. All parents are not nurturing, and all parents don't care about their kids. Often, these are the kids that get in trouble. They have no one to turn to. Now, we're going to force them into a court situation that they will probably know nothing about. I think that's wrong. I think that we need to understand that all things out there are not as good as you'd like to see it.
“I'm thinking of a case that occurred in our neighborhood not too many years ago where a youngster was impregnated by her father--incest. She did not know what to do. I don't think that this bill would help her in knowing what to do, and I think that it is the wrong approach. Please vote 'no.'”
POINT OF INQUIRY
Senator Patterson: “Thank you, Mr. President. Will the gentleman from the twentieth district please yield to a question? Thank you, Senator. I was just curious. Does the underlying bill require the young man--the young man who helped to create the pregnancy--does the underlying bill require him to notify at least one of his parents?”
Senator Swecker: “Thank you for that question. That's an interesting one. Actually, I think you'll find that in many cases, the young man who impregnates the child is not so young after all. The young man may be someone who's over eighteen or even over twenty-one. And, in that case, that person may actually intimidate and threaten that minor to go get an abortion. In this case, because there is some procedure, I think that the rights of that child have a much more likely opportunity to be protected. In fact, in the cases of where a crime has been committed against that child, that that individual may be prosecuted. This is an added safeguard for that minor child. It's not an additional penalty or an additional hurdle.”
Senator Patterson: “So, in other words, Senator, if the young person who is sixteen or seventeen years old who was instrumental in creating a pregnancy happens to be a man, or a young man--a boy--he does not have to notify his parents. Is that correct, Senator?”
Senator Swecker: “As I understand the legislation, I don't think he is trying to receive a medical procedure.”
FURTHER REMARKS BY SENATOR PATTERSON
Senator Patterson: “Thank you, Senator. I'd like to continue on. Ladies and gentlemen, I really don't believe that this bill is about anyone's health or welfare, today. I think if it were, we would let doctors be doctors and legislators be legislators. Doctors don't encourage minors to get abortions. In fact, the American College of Obstetricians encourages their young patients to involve their parents to help them deal with this problem. In the end, though, it is the patient who decides whether that parental involvement would be helpful or not. Remember, it is her life. The entire course of her life is what will be changed.
“We don't require young women who are going to put their children up for adoption to seek their parents permission. I think the bill is hypercritical. I think we should focus on what is really important here. What is really important here is keeping these young women safe. Legislating this type of communication will result in dangerous, back-alley abortions, and it will result in young girls--teenaged girls--running away. We should vote 'no.'”
REMARKS BY SENATOR KOHL
Senator Kohl: “Thank you, Mr. President. I speak in opposition to this bill, and I do say, as a parent of five children. I've struggled with this issue as a parent for many reasons. I would certainly want to be notified if my daughter were pregnant and was seeking an abortion. I would certainly want to be notified if any of my four sons had impregnated a young woman. However, I also realize that there is no way that this bill would create closer, more loving families. If it were to, I would be the loudest 'aye' in this chamber, but it won't. In fact, it could serve to drive troubled families apart and could serve, as the previous speaker indicated, to cause harm, danger for many young women.
“The House heard testimony on a companion bill from a man, a father, who traveled here from another state. He believed that his family was very close, that his daughter was very close to the family. Unfortunately, his daughter became pregnant. She did not notify her parents of wanting to seek an abortion, not because she was afraid of them, or because there was any abuse in the family. In fact, it was a very close, warm family. She did not notify her family, and therefor seek a legal abortion, because she did not want to bring shame to them--which she felt. Instead, she tried a self-induced abortion and she died. That father wept before the House committee and plead with the House committee to not report that bill out of the committee. He knew in the state where he lived, the dangers of the parental notification law. He knew it firsthand, and his daughter is now dead.
“We must consider what happens in those states without parental notification laws in which more than seventy-five percent of minors under the age of sixteen do involve one or both parents. That's what we want to happen, but we can't legislate closeness in families, and we cannot legislate if some young women will feel shame and will not seek to have their parents involved. I urge you to defeat this bill.”
POINT OF INQUIRY
Senator Kline: “Thank you, Mr. President. Mr. President, would the Senator from the twentieth yield to a question? Senator, in this striking amendment that you've presented, is there any exception for a young woman who is the victim of parental incest, or parental abuse, whether it's psychological, sexual, or other physical abuse?”
Senator Swecker: “Yes, there is.”
Senator Kline: “And where is that?”
Senator Swecker: “That's the section that provides for relief from the act by a superior court justice.”
Senator Kline: “May I continue? Is there any guideline that indicates to the judge that among the criteria he or she is to consult, that the parental abuse, whether it's physical, sexual abuse or psychological abuse, or incest, is a criterion for a decision?”
Senator Swecker: “There's really two ways in law to list those kinds of criteria. One is to give a laundry list of things that would constitute the kind of exclusion that you're asking for. The other way is to make a list of the only things that the judge must consider. In fact, there were only two things listed and one of those is--is it in the minor's best interest? I think, given that provision, in the cases that you cite, that would be exactly the criteria that they would use.”
FURTHER REMARKS BY SENATOR KLINE
Senator Kline: “May I continue, Mr. President? Ladies and gentlemen, in 1991, the voters of our state--that's only six years ago--passed Initiative 120. Our constituents, taken collectively, are pro-choice. However, there has been this constant attempt to erode the rights that we decided for ourselves in Initiative 120, and that some years earlier had been found constitutionally mandated in Roe v. Wade. This bill is a manifestation of that constant, nagging erosion of our rights.
“Now it's phrased in a rather benign way. We're simply asked to agree that parents of the girl, not the boy, should be notified and should be required to go to a judge if she seeks an alternative to that notification requirement. Again, as Senator Patterson pointed out, there is no requirement on the boy notifying his parents who are also the grandparents of the soon to be born baby. What this does is simply to create a chilling effect--and I believe this is intended--upon a young woman who's scared and confused.
“Let's face it, the girls who tend to be in this situation, before the age of eighteen, are likely to be not those with the best relationship with their parents. This is a generality and I know there are many exceptions, but it's one we all understand. A girl who is raised in a loving home is less likely, not entirely unlikely, to be pregnant at the age of fifteen, sixteen or seventeen. And it is yet this age that we are asking, we are requiring, that girl to tell her parents, whether or not her parents physical abuse, sexual abuse, psychological abuse or actual incest, is in any way related to her situation. I find that this is a much greater moral sin than the abortion that may result from her choice. I urge a 'no' vote on this bill. Thank you.”
REMARKS BY SENATOR ANDERSON
Senator Anderson: “Thank you, Mr. President. I am going to ask everybody--and the last speaker really talked about pro choice or pro life. Let's step back from those labels for a minute. We're talking about parents and children in this bill. A few years ago as I sat in the desk where Senator Spanel is right now, I got a call on the Senate floor. We were in session and the call came, 'Would you please meet at the hospital because Cory just fell off her horse. We can't treat her, she needs stitches--until we get your authority to do so.' I rushed out of this body to the hospital where they were waiting for me to give the authorization to stitch her chin up. In this state, right now, minors have to have that type of authorization for medical care which Cory did the day that she fell off her horse.
“I'm supporting this bill because--some of you know this--Cory is my miracle baby. If she's going to go through something like this, I want her parents to know. With my miracle baby, I want to know what's happening. Some of you have concerns about parents who are not like me. Parents who don't care about their children and I want to thank Senator Swecker for very carefully putting in the judicial bypass that allows those children without caring parents to have a way of dealing with that without caring parents. Please, on behalf of the caring parents in this state who need to know what their children are doing, pass this bill.”
REMARKS BY SENATOR GOINGS
Senator Goings: “Thank you, Mr. President. As most members of the Senate know, I don't have a daughter, but I truly hope and pray that one day I will. And I hope and I pray that my daughter will grow up healthy and she will grow up strong and she will be willing to come to me, God forbid, when she's in trouble. But I know that sometimes life doesn't match our plans and it doesn't match our expectations. I know how some children make mistakes. I know how they're ashamed, and I know how, because of that shame they fear disappointing their parents. Which leads me to a most sincere and honest prayer. That there never be a law in the state of Washington that can force my daughter to put her life in danger just to save me from disappointment. I urge you to vote 'no' on this bill.”
REMARKS BY SENATOR HEAVEY
Senator Heavey: “Thank you. Being a male I hesitate to speak, but I must. Section 3, Subsection 2 says that if neither the parents or the legal guardians are available or cannot be located, or the parties who must be notified refuse to accept notification--which could happen--or that the minor elects not to notify those required, then go to court. Once you're in court in an expeditious manner not to exceed four days, the judge can find that the notification requirement shall not be waived. Here we are again. We're either into an illegal, dangerous abortion or stopping a very difficult choice that this young lady must make.
“This bill doesn't do what you think it might do. It comes down to the judge if the parents refuse through notification, and the judge can say, 'No, I don't waive the notification requirement.' I don't know how many judges there are in this state, I think at least two hundred to five hundred, and a judge can say, 'No.' You can't exercise the freedom of choice. For that and a lot of other reasons, I urge a 'no' vote on this bill.”
REMARKS BY SENATOR THIBAUDEAU
Senator Thibaudeau: “Thank you, Mr. President. Members of the Senate, for those of you who are concerned about what's happening in other states, the number of abortions are declining. Again, this criminalizes doctors, puts them in the role of law enforcement. That's not a role that we should ask of them. The Washington State Medical Association opposes this bill very strongly, and I urge your opposition. Thank you.”
REMARKS BY SENATOR OKE
Senator Oke: “Thank you, Mr. President. Fellow Senators, it's a difficult issue. I know that everybody has their attention on this. We're not talking and chatting and doing other things. We're talking about life. I really want to thank Senator Swecker and those who put this bill together. I know that there was a lot of love and care that went into this. I really publicly appreciate your effort on this issue. I thank you from the bottom of my heart, and God bless you.”
REMARKS BY SENATOR BENTON
Senator Benton: “Thank you, Mr. President. There's been a lot of thoughtful debate on both sides of this issue, but I just want to point out one thing. We have--to give you a point of reference, I guess--to try and bring us back to some common sense, here, in terms of passing laws on the citizens of our state. Maybe, this other law is a bad law, too; I don't know. But, let's talk about a point of reference. Currently, in Washington State, it is against the law with or without parental consent or parental notification to have a tatoo if you're under eighteen. Even with parental consent, you can't have one. This law says that we just want to notify the parent before you have an invasive medical procedure which clearly is more life threatening and more long term than having a tatoo is. Thank you.”
REMARKS BY SENATOR HOCHSTATTER
Senator Hochstatter: “Thank you, Mr. President. My fellow colleagues, I do appreciate this great civility that has been expressed in this chamber on this issue. Did we not try to really know each other's heart and each other's mind on this issue? Didn't we really make a very sincere effort to do that? Didn't we listen? I really think we did. I'm proud to stand here among you and see how we've taken this on.
“You know, ignorance is really a poor basis for making law. Ignorance is really a poor basis for making decisions and for building relationships, isn't it? This bill helps us to broaden information and understanding. We, as parents, all know what we want for our children, and that's got to be the very best. I hope and I pray that we can make--dispel ignorance--and help families know what's going on, that they can make their decisions and they can shield their children and love their children and whatever else, but, that we do not interpose ourselves in their sharing of information that may help them reach an intelligent decision. Thank you very much.”
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5255.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5255 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Rasmussen, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Wood and Zarelli - 25. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Prince, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, Winsley and Wojahn - 24. ENGROSSED SENATE BILL NO. 5255, 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
Senator Johnson moved that Engrossed Senate Bill No. 5255 be immediately transmitted to the House of Representatives.
Senator Loveland objected and demanded a roll call.
The demand for the roll call was sustained.
The President declared the question before the Senate to be the roll call on the motion by Senator Johnson to immediately transmit Engrossed Senate Bill No. 5255 to the House of Representatives.
ROLL CALL
The Secretary called the roll and the motion to immediately transmit Engrossed Senate Bill No. 5255 to the House of Representatives carried by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 23.
MOTION
On motion of Senator Morton, the following resolution was adopted:
SENATE RESOLUTION 1997-8643
By Senators Morton and Rasmussen
WHEREAS, Washington state farmers produce $5.8 billion worth of agricultural products; and
WHEREAS, Food processing is a $7.7 billion industry and is the state's second largest manufacturing industry in value and number of employees; and
WHEREAS, More than 190,000 Washington residents are employed in direct, agriculture-related jobs; and
WHEREAS, Almost ninety-one percent of the value of agricultural products sold are produced by twenty-two percent of the state's farms; and
WHEREAS, About twenty-five percent of the state's agricultural commodities are sold in Washington, about fifty percent are sold in U.S. domestic markets, and about twenty-five percent in international markets; and
WHEREAS, There are an estimated 36,000 farms in Washington covering 16 million acres and producing over one hundred different commodities; and
WHEREAS, Washington State ranks first in the production of fourteen major commodities and twelfth among all states in total agricultural output; and
WHEREAS, Governor Gary Locke has proclaimed March 19, as Agriculture Business Day;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognizes and honors the men and women who have made agriculture the number one industry in this state and we applaud the agri-business community for their efforts to ensure that agriculture maintains its leading role in our state and nation's economy.
Senators Morton, Rasmussen, Deccio and Prentice spoke to Senate Resolution 1997-8643.
MOTION
On motion of Senator Johnson, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 5173, by Senators Schow, Prentice and Horn (by request of Liquor Control Board)
Improving the liquor license schematic of the state of Washington.
MOTIONS
On motion of Senator Heavey, Substitute Senate Bill No. 5173 was substituted for Senate Bill No. 5173 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Heavey, the rules were suspended, Substitute Senate Bill No. 5173 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. 5173.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5173 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Voting nay: Senators Kline and Swanson - 2. SUBSTITUTE SENATE BILL NO. 5173, 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. 5127, by Senators Wojahn, Deccio, Thibaudeau, Wood, Oke, Loveland, Sellar, Snyder, Fairley, Spanel, Sheldon, McCaslin, West, Bauer, Winsley, Goings and Schow
Providing additional funding for trauma care services.
MOTIONS
On motion of Senator Deccio, Second Substitute Senate Bill No. 5127 was substituted for Senate Bill No. 5127 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Deccio, the rules were suspended, Second Substitute Senate Bill No. 5127 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
PARLIAMENTARY INQUIRY
Senator Benton: “A parliamentary inquiry, Mr. President. In this bill, we have labeled this fee--in fact a fee. We are operating under restrictions of Initiative 601, particularly Section 4, of Initiative 601. Just because we call a fee a fee does not make it so, nor a tax a tax. The question that I have for the President is, can you please clarify for the body, is this, in fact, a tax or is it a fee and will it require the two-thirds majority required under 601 for increasing of taxes? Thank you.”
Further debate ensued.
MOTION
On motion of Senator Johnson, further consideration of Second Substitute Senate Bill No. 5127 was deferred.
SECOND READING
SENATE BILL NO. 5178, by Senators Wood, Wojahn, Deccio, Bauer, Fairley, Goings Prince, Prentice, Franklin, Horn, Patterson and Winsley
Adopting the diabetes cost reduction act.
MOTIONS
On motion of Senator West, Second Substitute Senate Bill No. 5178 was substituted for Senate Bill No. 5178 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. 5178 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5178.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5178 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. 5178, 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. 5670, by Senators McCaslin, Haugen and Roach (by request of Utilities and Transportation Commission)
Regulating solid waste collection certificates in effect within cities and towns.
MOTIONS
On motion of Senator Hale, Substitute Senate Bill No. 5670 was substituted for Senate Bill No. 5670 and the substitute bill was placed on second reading and read the second time.
Senator Rasmussen moved that the following amendment be adopted:
On page 6, after line 25, insert the following: "Sec. 5. RCW 70.95.060 and 1969 ex.s. c 134 s 6 are each amended to read as follows: (1) The department in accordance with procedures prescribed by the Administrative Procedure Act, chapter 34.05 RCW, as now or hereafter amended, ((may)) shall adopt such minimum functional standards for solid waste handling as it deems appropriate, consistent with the standards specified in this section. The department in adopting such standards may classify areas of the state with respect to population density, climate, geology, and other relevant factors bearing on solid waste disposal standards. (2) In addition to meeting the minimum functional standards adopted by the department under subsection (1) of this section, a landfill facility whose area at its design capacity will exceed one hundred acres and whose vertical height at design capacity will average one hundred feet or more above existing site elevations may not be located over a sole source aquifer designated under the federal safe drinking water act, if such designation was effective before January 1, 1997. This subsection applies only to landfills for which construction has not been commenced before the effective date of this section. NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.” Renumber the sections consecutively and correct any internal references accordingly. Debate ensued.
PARLIAMENTARY INQUIRY
Senator Swanson: “A parliamentary inquiry, Mr. President. Could I inquire of the President, are we talking about the amendment that extends it from five to seven years, sir?”
REPLY BY THE PRESIDENT
President Owen: “We are talking about the amendment on page 6, after line 25, by Senator Rasmussen.”
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Rasmussen on page 6, after line 25, to Substitute Senate Bill No. 5670.
The motion by Senator Rasmussen carried and the amendment was adopted.
MOTIONS
On motion of Senator Hale, the following title amendment was adopted:
On page 1, on line 2 of the title, after "35.13.280" strike the rest of title and insert "; 35A.14.900, and 70.95.060; adding a new section to chapter 81.77 RCW; and declaring an emergency." On motion of Senator Hale, the rules were suspended, Engrossed Substitute Senate Bill No. 5670 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Johnson, further consideration of Engrossed Substitute Senate Bill No. 5670 was deferred.
MOTION
At 12:00 noon, on motion of Senator Johnson, the Senate recessed until 12:45 p.m.
The Senate was called to order at 12:46 p.m. by President Owen.
` There being no objection, the President declared the Senate to be at ease.
The Senate was called to order at 12:54 p.m. by Vice President Pro Tempore Morton.
MOTION
On motion of Senator Hale, Senator Benton was excused.
SECOND READING
SENATE BILL NO. 5567, by Senators Sheldon and Prince
Relaxing front end length limits on garbage trucks.
MOTIONS
On motion of Senator Johnson, Substitute Senate Bill No. 5567 was substituted for Senate Bill No. 5567 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. 5567 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
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. 5567.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5567 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 5; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Wojahn, Wood and Zarelli - 43. Absent: Senators Finkbeiner, McCaslin, Prince, West and Winsley - 5. Excused: Senator Benton - 1. SUBSTITUTE SENATE BILL NO. 5567, 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. 5844, by Senators Fraser, Oke, Prince, Kohl, Hochstatter, Schow, Winsley and Rasmussen
Freeing the base for transfers of marine and nonhighway fuel taxes.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 5844 was substituted for Senate Bill No. 5844 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 5844 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTIONS
On motion of Senator Hale, Senators Finkbeiner, McCaslin and Prince were excused.
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. 5844.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5844 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Voting nay: Senator Loveland - 1. Excused: Senators Benton, Finkbeiner, McCaslin and Prince - 4. SUBSTITUTE SENATE BILL NO. 5844, 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.
SECOND READING
SENATE BILL NO. 5749, by Senators Heavey, McCaslin, Winsley, Haugen and Deccio
Providing for a certificate of competency as a medical gas piping installer.
MOTIONS
On motion of Senator Schow, Substitute Senate Bill No. 5749 was substituted for Senate Bill No. 5749 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 5749 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. 5749.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5749 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Voting nay: Senator Hochstatter - 1. Excused: Senators Benton, Finkbeiner, McCaslin and Prince - 4. SUBSTITUTE SENATE BILL NO. 5749, 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. 5361, by Senators Wood, Haugen, Prince, Goings, Horn, Patterson, Benton and Winsley
Regulating charter use of Washington state ferries.
The bill was read the second time.
MOTION
On motion of Senator Wood, the rules were suspended, Senate Bill No. 5361 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. 5361.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5361 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 2; Absent, 1; Excused, 4.
Voting yea: Senators Anderson, Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 42. Voting nay: Senators Heavey and Thibaudeau - 2. Absent: Senator Deccio - 1. Excused: Senators Benton, Finkbeiner, McCaslin and Prince - 4. SENATE BILL NO. 5361, 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. 5791, by Senators Deccio, Bauer, McDonald, Haugen, Schow, Thibaudeau and Kohl
Revising the regulation of liquor sales in designated restricted liquor zones.
MOTIONS
On motion of Senator Schow, Substitute Senate Bill No. 5791 was substituted for Senate Bill No. 5791 and the substitute bill was placed on second reading and read the second time.
Senator Schow moved that the following amendments by Senators Schow and Hochstatter be considered simultaneously and be adopted:
On page 2, after line 6, insert the following: "In order for the board to designate a restricted liquor zone, it must obtain, from the appropriate municipality or county, quantifiable data that supports the need to establish a restricted liquor zone in a specific area. The data provided must include: A survey of the actual number of public inebriates inhabiting the area that is being considered as a restricted liquor zone; where such individuals reside, such as half-way houses, shelters, or private residences; and the number of reported police incidents involving the public consumption of alcohol, the illegal sale of alcoholic beverages to inebriated individuals, and other alcohol-related offenses in the area that is being considered as a restricted liquor zone." On page 8, after line 23, insert the following: "In order for the board to give consideration to the recommendations of the municipality or county, the jurisdiction must provide quantifiable data regarding the need to restrict the sales of alcoholic beverages by a licensee or licensees in a specific area. This data must include: A survey of the actual number of public inebriates inhabiting the area of the licencee; where such individuals reside, such as half-way houses, shelters, or private residences; and the number of reported police incidents involving the public consumption of alcohol, the illegal sale of alcoholic beverages to inebriated individuals, and other alcohol-related offenses in a specific area." On page 9, after line 26, insert the following: "In order for the board to give consideration to the recommendations of the municipality or county, the jurisdiction must provide quantifiable data regarding the need to restrict the sales of alcoholic beverages by a licensee or licensees in a specific area. This data must include: A survey of the actual number of public inebriates inhabiting the area of the licensee; where such individuals reside, such as half-way houses, shelters, or private residences; and the number of reported police incidents involving the public consumption of alcohol, the illegal sale of alcoholic beverages to inebriated individuals, and other alcohol-related offenses in a specific area." Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Schow and Hochstatter on page 2, after line 6; page 8, after line 23; and page 9, after line 26; to Substitute Senate Bill No. 5791.
The motion by Senator Schow failed and the amendments were not adopted.
MOTION
On motion of Senator Goings, Senator Swanson was excused.
MOTION
On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 5791 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. 5791.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5791 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Voting nay: Senators Franklin, Prentice and Snyder - 3. Excused: Senators Prince and Swanson - 2. SUBSTITUTE SENATE BILL NO. 5791, 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. 5681, by Senators McCaslin, Hargrove, Johnson, Haugen, McAuliffe, Long and Roach
Penalizing assault of health care personnel.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5681 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. 5681.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5681 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 2; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 44. Voting nay: Senator Zarelli - 1. Absent: Senators Horn and West - 2. Excused: Senators Prince and Swanson - 2. SENATE BILL NO. 5681, 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 Second Substitute Senate Bill No. 5127 deferred on third reading earlier today.
RULING BY THE PRESIDENT
President Owen: "In ruling upon the parliamentary inquiry by Senator Benton concerning the number of votes necessary to pass Second Substitute Senate Bill No. 5127, the President notes that RCW 43.135.035 (Section 4 of Initiative 601) requires a two-thirds majority vote for 'any action or combination of actions by the Legislature that raises state revenue or requires revenue-neutral tax shifts.' The President must analyze two issues. First, whether the revenue raised under Second Substitute Senate Bill No. 5127 is a ' tax' or a 'fee,' and, second is the dedicated fund under Second Substitute Senate Bill No. 5127 outside the scope of Initiative 601?
“'Fee' or 'tax'--It appears to the President that the word 'revenue' in this section means revenue in the form of new taxes or tax increases, not fees. 'Taxes' are intended to raise revenue for governmental purposes generally. 'Fees' raise revenue, also, but are charged to offset the cost of the specific governmental program facility or service provided in return for the fee. 'Regulatory fees' are charged to cover the cost of administering a regulatory program; 'User fees' are charged in return for the use of a public service or facility.
“Second Substitute Senate Bill No. 5127 would impose a charge which in part relates to the cost of processing vehicle sales. That part is clearly a 'fee.' The remainder of the charge, however, is transferred to a fund for the provision of trauma care services. The latter portion cannot properly be characterized as either a license fee or a user fee, because it is substantially unrelated to the vehicle sale. Therefore, it is properly characterized as a tax.
“'Dedicated fund'--RCW 43.35.035 concerns the raising of 'state revenues.' Article VIII, Section 1(C)(4) of the State Constitution defines 'general state revenues' to exclude' moneys to be paid into and received from trust funds including, but not limited to monies received from tax levied for specific purposes.' The President also notes that under RCW 43.135.025(4) and RCW 43.135.035(4), the state expenditure limit does not include accounts outside of the state general fund. Under these statutes, the emergency medical services and trauma care system and trust account is not included in the state general fund.
“The President finds that the tax collected under Second Substitute Senate Bill No. 5127 would be placed into an account for the sole and specific purpose of funding trauma care. The President, therefore, rules that the tax is outside of the definition of 'state revenues' under RCW 43.35.035.
“For the foregoing reasons, the President rules that the final passage of Second Substitute Senate Bill No. 5127 requires a simple a majority vote”
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5127.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5127 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 11; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Prince, Rasmussen, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 37. Voting nay: Senators Anderson, Benton, Finkbeiner, Johnson, McDonald, Morton, Newhouse, Roach, Rossi, Stevens and Zarelli - 11. Excused: Senator Swanson - 1. SECOND SUBSTITUTE SENATE BILL NO. 5127, 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 Engrossed Substitute Senate Bill No. 5670, deferred on third reading earlier today.
MOTION
On motion of Senator Johnson, the rules were suspended, Engrossed Substitute Senate Bill No. 5670 was returned to second reading and read the second time.
MOTION FOR RECONSIDERATION
Having voted on the prevailing side, Senator Hale moved to reconsider the vote by which the amendment by Senator Rasmussen on page 6, line 25, passed the Senate earlier today.
The President declared the question before the Senate to be the motion by Senator Hale to reconsider the vote by which the amendment by Senator Rasmussen on page 6, line 25, to Substitute Senate Bill No. 5670 passed the Senate.
The motion by Senator Hale carried and the Senate will reconsider the amendment by Senator Rasmussen on page 6, line 25.
MOTION
Senator Hale moved that the amendment by Senator Rasmussen on page 6, line 25, to Substitute Senate Bill No. 5670 not be adopted on reconsideration.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Hale to not adopt the amendment by Senator Rasmussen on page 6, line 25, on reconsideration.
The motion by Senator Hale carried and the amendment by Senator Rasmussen on page 6, line 25, on reconsideration, was not adopted.
MOTION
On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 5670, under suspension of the rules, 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. 5670, under suspension of the Rules.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5670, under suspension of the rules, 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. 5670, under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the President returned the Senate to the sixth order of business.
SECOND READING
SENATE BILL NO. 5325, by Senators Hargrove, Morton, Stevens, Rossi, Snyder and Loveland
Allowing counties to have certain lands transferred from the state back to the county.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 5325 was substituted for Senate Bill No. 5325 and the substitute bill was placed on second reading and read the second time.
Senator Jacobsen moved that the following amendment be adopted:
On page 3, after line 25, insert the following: "NEW SECTION. Sec. 2. A new section is added to chapter 76.12 RCW to read as follows: (1) Until December 31, 2017, a county legislative authority in a county with a population of more than one million five hundred thousand persons may file an application with the board of natural resources for the transfer of all forest lands that were acquired from the county by the state pursuant to RCW 76.12.030 and that are under the administration of the department of natural resources. Upon the filing of an application by the county legislative authority, the board of natural resources shall direct the department of natural resources to reconvey without cost or resurvey the forest lands to the requesting county. (2) Once land has been reconveyed to a county, it may be kept in commercial forest status or used for recreational purposes. (3) The land may not be sold or leased. (4) Transferred lands may be exchanged in such manner as the legislature may prescribe. (5) Upon formal notification to the department by the respective county that they desire their state forest board transfer lands reconveyed, the department must transfer all data and documents concerning those lands back to the respective county within ninety days. (6) Upon formal notification by the county to the department for the reconveyance of the land, the department must halt all proposed sale activity on the state forest board transfer land within the respective county. The department is required to replant all lands where there is an active sale occurring at the time a county gives formal notice to the department for reconveyance of the land. (7) The reconveyance of the state forest board transfer land within the county must be done by quitclaim deed, and the term of the reconveyance must be for a period of not less than twenty years. (8) Revenues shall be dispersed as provided in RCW 76.12.030. (9) All existing contracts for state forest board transfer land will be honored until the completion of the contract, but no extensions may be granted. (10) Existing memorandum of agreement, memorandum of understanding, landscape plan, habitat conservation plan, or similar agreements may be continued at the discretion of the respective county. Any habitat conservation plan inclusion of transferred lands is not permitted unless the county legislative authority agrees to the inclusion by resolution after public hearings and a full fiscal and forest management analysis. (11) The respective county assumes liability for those lands not under contract for harvest by the purchaser at the date of the transfer of the quitclaim deed. Those lands under contract transfer to the county on the expiration date of the original contract. No extensions shall be granted. The respective county will have the option of either having the department replanting those lands, or having the lands replanted, and billing the department for that activity. When billed, the department must make payment within sixty days. (12) Lands shall be open for public recreation consistent with overall land management goals. Public access to the land must be allowed whenever possible, subject to the discretion of the local legislative authority. Lands that have recreational use funded by the interagency committee for outdoor recreation, or other similar source, shall remain in recreational use as dictated by agreement, contract, rule, or statute. (13) County personnel managing lands transferred back to a county shall be trained to meet all of the requirements established by the department for its personnel. A county legislative authority may contract with the department for the operation of the forest program for lands transferred back to the county. (14) All counties that exercise their option of reconveyance must make an annual report to the senate and house of representatives natural resources committees, or their successor committees, and to the board of natural resources, by February 1st of each year, as to the activities on those lands. The report must include, but is not limited to: The number of acres harvested; the volume of the harvest from those acres; the number of acres replanted; the number of acres precommercially thinned; the annual cost on a per acre basis; the age of those acres harvested; the number of acres not designated for harvest, and the reason why such a designation was made; and the number of recreational users and the economic benefits they bring to the county." Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Jacobson on page 3, after line 25, to Substitute Senate Bill No. 5325.
The motion by Senator Jacobson failed and the amendment was not adopted on a rising vote.
MOTION
On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 5325 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. 5325.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5325 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Goings, Hale, Hargrove, Hochstatter, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Snyder, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wood and Zarelli - 32. Voting nay: Senators Brown, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Heavey, Jacobsen, Kline, Kohl, McAuliffe, Patterson, Prentice, Sheldon, Spanel, Thibaudeau and Wojahn - 17. SUBSTITUTE SENATE BILL NO. 5325, 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. 6039, by Senator West
Imposing fines or regulatory assessments under the insurance code.
The bill was read the second time.
MOTION
Senator Spanel moved that the following amendment by Senators Spanel, Snyder and Fraser be adopted:
On page 1, line 19, strike "attorney general" and insert "department of revenue" Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Spanel, Snyder and Fraser on page 1, line 19, to Senate Bill No. 6039.
The motion by Senator Spanel carried and the amendment was adopted.
MOTION
On motion of Senator West, the rules were suspended, Engrossed Senate Bill No. 6039 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. 6039.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6039 and the bill passed the Senate by the following vote:
Yeas, 40; Nays, 9; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 40. Voting nay: Senators Brown, Fairley, Franklin, Jacobsen, Kline, McAuliffe, Prentice, Swanson and Thibaudeau - 9. ENGROSSED SENATE BILL NO. 6039, 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.
REMARKS BY THE PRESIDENT
President Owen: “The President would like to take this opportunity to clarify the question that was brought up yesterday about consecutive striking amendments, because I suspect we will see that happen again in the future.”
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of inquiry by Senator Snyder on March 18, 1997, concerning the effect of two striking amendments to a single measure. On Engrossed Substitute Senate Bill No. 6006, the President notes that an oral correction to the amendment by Senator Brown made that amendment no longer a striking amendment to the bill, but an amendment to the striking amendment by Senator Finkbeiner. As such, Senator Snyder's inquiry was rendered moot. However, the President deems the issue of sufficient import to require the President to set down guidelines for the future.
“The Senate Rules are silent on the issue. Therefore, the President looks to Reed's Rules to the extent they are applicable, and to Senate procedural precedent to the extent Reed's Rules are not applicable. Reed's Rule 144 (addressing amendments to strike and insert paragraphs) and Reed's Rule 156 (addressing amendments to strike and insert an entire bill) suggest that only one striking amendment can be adopted. Senate precedent has followed this procedure. Also, under Senate precedent, the striking amendment that is first in number will be taken up first. As such, if the first striking amendment is adopted, the body will have chosen, and the second striking amendment will no longer be in order. If the first striking amendment is not adopted, then following Reed's Rule 142, the second striking amendment is properly before the body.
“If there are three striking amendments and the body rejects the first two, then the third is properly before the body and so on until the body has adopted a striking amendment or rejected them all.”
MOTION
On motion of Senator Johnson, the Senate advanced to the ninth order of business.
MOTION FOR RECONSIDERATION
Having served prior notice, Senator Schow moved to reconsider the vote by which Substitute Senate Bill No. 5664 failed to pass the Senate March 13, 1997.
The President declared the question before the Senate to be the motion by Senator Schow to reconsider the vote by which Substitute Senate Bill No. 5664 failed to pass the Senate.
The motion by Senator Schow carried and the Senate will reconsider the vote by which Substitute Senate Bill No. 5664 failed to pass the Senate.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5664, on reconsideration.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5664, on reconsideration, and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Deccio, Finkbeiner, Fraser, Goings, Hale, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, McCaslin, McDonald, Newhouse, Patterson, Prince, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, West, Winsley, Wojahn and Wood - 30. Voting nay: Senators Anderson, Brown, Fairley, Franklin, Hargrove, Haugen, Johnson, Long, Loveland, McAuliffe, Morton, Oke, Prentice, Rasmussen, Rossi, Stevens, Strannigan, Swecker and Zarelli - 19. SUBSTITUTE SENATE BILL NO. 5664, on reconsideration, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
Senator Johnson moved that the Senate return to the sixth order of business.
MOTION
Senator Brown moved that the Committee on Ways and Means be relieved of further consideration of Senate Bill No. 5793.
The President declared there was a pending motion to return to the sixth order of business.
The President declared the question before the Senate to be the motion by Senator Johnson to return to the sixth order of business.
The motion to return to the sixth order of business carried on a rising vote.
MOTION
On motion of Senator Franklin, Senator Loveland was excused.
SECOND READING
SENATE BILL NO. 5785, by Senators Swecker, Newhouse, Morton, Haugen and Rasmussen
Providing for consolidation of ground water rights of exempt wells.
MOTIONS
On motion of Senator Swecker, Substitute Senate Bill No. 5785 was substituted for Senate Bill No. 5785 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Swecker, the rules were suspended, Substitute Senate Bill No. 5785 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. 5785.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5785 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. SUBSTITUTE SENATE BILL NO. 5785, 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. 5368, by Senators Snyder and Hargrove
Providing supplemental appropriation authority for the development loan fund.
The bill was read the second time.
MOTION
On motion of Senator Schow, the rules were suspended, Senate Bill No. 5368 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. 5368.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5368 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. 5368, 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. 5034, by Senator Roach
Changing the definition of "bona fide charitable or nonprofit organization" for gambling statutes.
The bill was read the second time.
MOTION
On motion of Senator Schow, the rules were suspended, Senate Bill No. 5034 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. 5034.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5034 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, 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, Wood and Zarelli - 46. Voting nay: Senators Hargrove, Haugen and Wojahn - 3. SENATE BILL NO. 5034, 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. 5305, by Senators Fairley, Wojahn, Goings, McAuliffe, Patterson and Kohl
Controlling drugs used to facilitate rape.
MOTIONS
On motion of Senator Deccio, Substitute Senate Bill No. 5305 was substituted for Senate Bill No. 5305 and the substitute bill was placed on second reading and read the second time.
Senator Hargrove moved that the following amendments by Senators Benton, Hargrove and Fairley be considered simultaneously and be adopted:
On page 12, after line 32, insert the following: "Sec. 4. RCW 9.94A.120 and 1996 c 275 s 2, 1996 c 215 s 5, 1996 c 199 s 1, and 1996 c 93 s 1 are each reenacted and amended to read as follows: When a person is convicted of a felony, the court shall impose punishment as provided in this section. (1) Except as authorized in subsections (2), (4), (5), (6), and (8) of this section, the court shall impose a sentence within the sentence range for the offense. (2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence. (3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence. (4) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned early release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (5), (7), or (8), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except in the case of an offender in need of emergency medical treatment or for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree. (5) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following: (a) Devote time to a specific employment or occupation; (b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense; (c) Pursue a prescribed, secular course of study or vocational training; (d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment; (e) Report as directed to the court and a community corrections officer; or (f) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work. (6)(a) An offender is eligible for the special drug offender sentencing alternative if: (i) The offender is convicted of the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or a felony that is, under chapter 9A.28 RCW or RCW 69.50.407, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes, and the violation does not involve a sentence enhancement under RCW 9.94A.310 (3) or (4); (ii) The offender has no prior convictions for a felony in this state, another state, or the United States; and (iii) The offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance. (b) If the midpoint of the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, offenders sentenced under this subsection shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol and substance abuse of the department of social and health services, in cooperation with the department of corrections. If the midpoint of the standard range is twenty-four months or less, no more than three months of the sentence may be served in a work release status. The court shall also impose one year of concurrent community custody and community supervision that must include appropriate outpatient substance abuse treatment, crime-related prohibitions including a condition not to use illegal controlled substances, and a requirement to submit to urinalysis or other testing to monitor that status. The court may require that the monitoring for controlled substances be conducted by the department or by a treatment alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court shall impose three or more of the following conditions: (i) Devote time to a specific employment or training; (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment; (iii) Report as directed to a community corrections officer; (iv) Pay all court-ordered legal financial obligations; (v) Perform community service work; (vi) Stay out of areas designated by the sentencing judge. (c) If the offender violates any of the sentence conditions in (b) of this subsection, the department shall impose sanctions administratively, with notice to the prosecuting attorney and the sentencing court. Upon motion of the court or the prosecuting attorney, a violation hearing shall be held by the court. If the court finds that conditions have been willfully violated, the court may impose confinement consisting of up to the remaining one-half of the midpoint of the standard range. All total confinement served during the period of community custody shall be credited to the offender, regardless of whether the total confinement is served as a result of the original sentence, as a result of a sanction imposed by the department, or as a result of a violation found by the court. The term of community supervision shall be tolled by any period of time served in total confinement as a result of a violation found by the court. (d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission. (7) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, a term of community supervision not to exceed one year, and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence. (8)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment. The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information. The examiner shall assess and report regarding the defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum: (A) Frequency and type of contact between offender and therapist; (B) Specific issues to be addressed in the treatment and description of planned treatment modalities; (C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others; (D) Anticipated length of treatment; and (E) Recommended crime-related prohibitions. The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. (ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sexual offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eight years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension: (A) The court shall place the defendant on community custody for the length of the suspended sentence or three years, whichever is greater, and require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section; and (B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following: (I) Devote time to a specific employment or occupation; (II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment; (III) Report as directed to the court and a community corrections officer; (IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community service work, or any combination thereof; or (V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime. (iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing. (iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community custody, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community custody. (v) If a violation of conditions occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.205(2)(a) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in (a)(vi) of this subsection. (vi) The court may revoke the suspended sentence at any time during the period of community custody and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community custody shall be credited to the offender if the suspended sentence is revoked. (vii) Except as provided in (a) (viii) of this subsection, after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. (viii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (8) does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (8) and the rules adopted by the department of health. For purposes of this subsection, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense. (b) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department. Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following: (i) Devote time to a specific employment or occupation; (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment; (iii) Report as directed to the court and a community corrections officer; (iv) Undergo available outpatient treatment. If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections. Nothing in this subsection (8)(b) shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (8)(b) does not apply to any crime committed after July 1, 1990. (c) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds. (9)(a) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 1, 1988, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. (b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, a serious violent offense, vehicular homicide, or vehicular assault, committed on or after July 1, 1990, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions: (i) The offender shall report to and be available for contact with the assigned community corrections officer as directed; (ii) The offender shall work at department of corrections-approved education, employment, and/or community service; (iii) The offender shall not consume controlled substances except pursuant to lawfully issued prescriptions; (iv) An offender in community custody shall not unlawfully possess controlled substances; (v) The offender shall pay supervision fees as determined by the department of corrections; and (vi) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement. (c) As a part of any sentence imposed under (a) or (b) of this subsection, the court may also order any of the following special conditions: (i) The offender shall remain within, or outside of, a specified geographical boundary; (ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals; (iii) The offender shall participate in crime-related treatment or counseling services; (iv) The offender shall not consume alcohol; (v) The offender shall comply with any crime-related prohibitions; or (vi) For an offender convicted of a felony sex offense against a minor victim after June 6, 1996, the offender shall comply with any terms and conditions of community placement imposed by the department of corrections relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim. (d) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections. (10)(a) When a court sentences a person to the custody of the department of corrections for an offense categorized as a sex offense committed on or after June 6, 1996, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). (b) Unless a condition is waived by the court, the terms of community custody shall be the same as those provided for in subsection (9)(b) of this section and may include those provided for in subsection (9)(c) of this section. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section. (c) At any time prior to the completion of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040. (11) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits. (12) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. (13) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision or community placement which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW. (14) All offenders sentenced to terms involving community supervision, community service, community placement, or legal financial obligation shall be under the supervision of the department of corrections and shall follow explicitly the instructions and conditions of the department of corrections. (a) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment. (b) For sex offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (a) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals. The conditions authorized under this subsection (14)(b) may be imposed by the department prior to or during a sex offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to subsection (10) of this section occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.207 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.205. At any time prior to the completion of a sex offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to subsection (10) of this section be continued beyond the expiration of the offender's term of community custody as authorized in subsection (10)(c) of this section. The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay. (15) All offenders sentenced to terms involving community supervision, community service, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder. (16) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced. (17) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6). (18) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution. (19) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement. (20) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention. (21) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations. (22)(a) If the offense is not one for which the conviction results in the offender's being a persistent offender, the court shall, at the time of sentencing, impose as a condition of release such treatment, including the use of medroxyprogesterone acetate together with any other mental health or chemical dependency treatment, as the court finds appropriate to reduce the likelihood of the offender's commission of a subsequent sex offense upon release, for any of the following offenses: (i) Rape in the first degree; (ii) Rape in the second degree; (iii) Rape of a child in the first degree; and (iv) Child molestation in the first degree, if it is the person's second conviction for child molestation in the first degree. (b)(i) At least thirty days before the department sets a release date for an offender who has had a treatment regimen imposed as a condition of release under (a) of this subsection, the offender must be brought back before the court for a hearing, including an examination by medical experts, for the purpose of determining whether to impose the regimen. At the hearing, the offender has the right to all due process rights including counsel, cross-examination, testimony, experts, and the provision of counsel if the offender is indigent, but not the presence of a jury. (ii) At the hearing under (b)(i) of this subsection, the court shall determine, by a preponderance of the evidence, whether a proposed treatment regimen, including treatment with medroxyprogesterone acetate, makes it likely that the regimen will reduce the chance that the offender will commit a sex offense upon release. In making its determination, the court shall consider: (A) Whether the offender has a mental abnormality as defined in RCW 71.09.020; (B) Whether the offender is likely to engage in predatory acts, as defined in RCW 71.09.020, if the regimen is not required; and (C) Whether the regimen is likely to decrease the offender's likelihood to engage in predatory acts, as defined in RCW 71.09.020. (c) If the court decides that the offender and the treatment regimen meet the criteria in (b) of this subsection, the court shall impose the requirement of the treatment regimen as a condition of release and the treatment must begin before the release of the offender. The court may set the treatment regimen period for as long as the court finds it necessary. If the court decides that the criteria are not met, then the court shall suspend the imposition of the treatment regimen, but may reimpose it if, following a hearing, the court finds the offender meets the criteria in (b)(ii) of this subsection. The offender, to the extent private resources are available, shall bear the cost of the treatment regimen. (d) Imposition and successful use of the treatment regimen shall in no way otherwise reduce the time in confinement an offender would otherwise serve. (e) The court may require the offender to return at any time in order for the court to monitor the progress and effect of the treatment regimen. (f) An offender may appeal any determination made under this subsection, but a determination under this subsection is of record and the offender shall continue any treatment regimen imposed under this subsection pending a decision on the appeal. (g) An offender may at any time seek early termination of a treatment regimen imposed under this subsection, but an early termination may not be granted unless, by clear and convincing evidence, the offender proves that the offender no longer has a mental abnormality, as defined in RCW 71.09.020, and that a continued treatment regimen is not necessary to prevent the offender's commission of a predatory act, as defined in RCW 71.09.020. (h) The offender may at any time agree to surgical alternatives to medroxyprogesterone acetate treatment if the offender voluntarily, knowingly, and intelligently petitions the court in writing. (i) An offender who unlawfully stops treatment imposed under this subsection is guilty of a class B felony." Renumber the remaining sections and correct any internal references accordingly. On page 16, after line 31, insert the following: "Unlawful termination of sex offender reoffense reduction treatment (RCW 9.94A.120(22))"
POINT OF ORDER
Senator Deccio: “A point of order, Mr. President. I reluctantly rise to challenge the scope and object on this amendment. It is a very heavy amendment, which I have not seen before. It was not heard in our committee and I realize what the intent of the preparers are trying to do, but as I understand the title is controlling drugs used to facilitate rape and I don't know whether this would apply and we should be dealing with this issue and I would like to make the challenge to the amendment.”
Debate ensued.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator Deccio, the President finds that Substitute Senate Bill No. 5305 is a measure which adds certain drugs to the list of controlled substances.
“The amendments by Senators Benton, Hargrove and Fairley on page 12, after line 32, and page 16, after line 31, would require a drug treatment program for certain sex offenders.
“The President, therefore, finds that the proposed amendments do change the scope and object of the bill and the point of order is well taken.”
The amendments by Senators Benton, Hargrove and Fairley on page 12, after line 32, and page 16, after line 31, to Substitute Senate Bill No. 5305 were ruled out of order.
MOTION
On motion of Senator Deccio, the rules were suspended, Substitute Senate Bill No. 5305 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. 5305.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5305 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. 5305, 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. 5671, by Senator McCaslin
Requiring adoption of de facto rules.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 5671 was substituted for Senate Bill No. 5671 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hale, the following amendment by Senators Hale and McCaslin was adopted:
On page 5, line 35, after "chapter" insert "or exempted under the definition of de facto rule"
MOTION
On motion of Senator McCaslin, the rules were suspended, Engrossed Substitute Senate Bill No. 5671 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5671.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5671 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 10; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 39. Voting nay: Senators Brown, Franklin, Fraser, Jacobsen, Kline, Kohl, Prentice, Swanson, Thibaudeau and Wojahn - 10. ENGROSSED SUBSTITUTE SENATE BILL NO. 5671, 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 3:17 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 4:02 p.m. by President Owen.
SECOND READING
SENATE BILL NO. 5875, by Senators Swanson, McCaslin, Haugen, Swecker, Jacobsen, Patterson, Rossi, Brown, Heavey, Finkbeiner, Hochstatter, Fraser, Sheldon, Kline, Loveland, Zarelli, Goings, Anderson, Hargrove, Prentice, Oke, Franklin, Thibaudeau, Winsley, Rasmussen, Kohl and Roach
Creating the joint select committee on veterans and military personnel affairs.
MOTIONS
On motion of Senator Johnson, Substitute Senate Bill No. 5875 was substituted for Senate Bill No. 5875 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. 5875 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. 5875.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5875 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, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Voting nay: Senator McCaslin - 1. Absent: Senators Prentice and Schow - 2. SUBSTITUTE SENATE BILL NO. 5875, 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. 5710, by Senators Hargrove, Long, Franklin, Stevens, Prentice, Zarelli and Schow
Changing provisions relating to juvenile care and treatment by the department of social and health services.
MOTIONS
On motion of Senator Long, Second Substitute Senate Bill No. 5710 was substituted for Senate Bill No. 5710 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Long, the following amendment by Senators Long and Hargrove was adopted:
On page 43, after line 31, insert the following: "NEW SECTION. Sec. 42. The secretary of the department of social and health services shall review the mission statement and guiding principles for the children's administration for the purpose of developing an operating statement. The operating statement shall establish a formal framework for implementation of the administration's mission and shall include: (1) Prioritization of management and worker actions; (2) methods of ensuring accountability for attaining the mission by both management and workers; (3) clear definitions of "child safety" and "reasonable efforts"; and (4) methods for broad dissemination of the administration's child welfare plan. The secretary shall submit a copy of the operating statement for the children's administration to the legislature by October 31, 1998." Renumber the sections consecutively and correct any internal references accordingly.
MOTIONS
On motion of Senator Sheldon, the following amendment by Senators Sheldon, Goings and McAuliffe was adopted:
On page 44, line 22, after "1996 c 131 s 5" strike "; and (2) RCW 70.190.040 and 1993 c 336 s 901" On motion of Senator West, the following title amendment was adopted:
On page 1, line 10, after "43.06A.040" strike " and 70.190.040"
MOTION
On motion of Senator West, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5710 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5710.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5710 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 SECOND SUBSTITUTE SENATE BILL NO. 5710, 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. 5734, by Senators Finkbeiner, Wood, Brown, McAuliffe, Spanel, Wojahn, McDonald, Goings, Kline, Winsley and Kohl
Changing school levy provisions.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 5734 was substituted for Senate Bill No. 5734 and the substitute bill was placed on second reading and read the second time.
Senator Hargrove moved that the following amendment be adopted:
On page 1, after line 3, insert the following: "Sec. 1. RCW 28A.500.010 and 1993 c 410 s 1 are each amended to read as follows: (1) Commencing with taxes assessed in 1988 to be collected in calendar year 1989 and thereafter, in addition to a school district's other general fund allocations, each eligible district shall be provided local effort assistance funds as provided in this section. Such funds are not part of the district's basic education allocation. ((For the first distribution of local effort assistance funds provided under this section in calendar year 1989, state funds may be prorated according to the formula in this section.)) (2)(a) "Prior tax collection year" shall mean the year immediately preceding the year in which the local effort assistance shall be allocated. (b) The "state-wide average ten percent levy rate" shall mean ten percent of the total levy bases as defined in RCW 84.52.0531(((4))) (3) summed for all school districts, and divided by the total assessed valuation for excess levy purposes in the prior tax collection year for all districts as adjusted to one hundred percent by the county indicated ratio established in RCW 84.48.075. (c) The "ten percent levy rate" of a district shall mean: (i) Ten percent of the district's levy base as defined in RCW 84.52.0531(((4))) (3), plus one-half of any amount computed under RCW 84.52.0531(((3)(b))) (2)(b) in the case of nonhigh school districts; divided by (ii) The district's assessed valuation for excess levy purposes for the prior tax collection year as adjusted to one hundred percent by the county indicated ratio. (d) "Eligible districts" shall mean those districts with a ten percent levy rate which exceeds the state-wide average ten percent levy rate. (3) Allocation of state matching funds for collection years before 1999 to eligible districts for local effort assistance shall be determined as follows: (a) Funds raised by the district through maintenance and operation levies during that tax collection year shall be matched with state funds using the following ratio of state funds to levy funds: (i) The difference between the district's ten percent levy rate and the state-wide average ten percent levy rate; to (ii) the state-wide average ten percent levy rate. (b) The maximum amount of state matching funds for which a district may be eligible in any tax collection year shall be ten percent of the district's levy base as defined in RCW 84.52.0531(((4))) (3), multiplied by the following percentage: (i) The difference between the district's ten percent levy rate and the state-wide average ten percent levy rate; divided by (ii) the district's ten percent levy rate. (4) Effective for collection year 1999 and thereafter: (a) "Prior tax collection year" shall mean the year immediately preceding the year in which the local effort assistance shall be allocated. (b) The "state-wide average twelve percent levy rate" shall mean twelve percent of the total levy bases as defined in RCW 84.52.0531(3) summed for all school districts, and divided by the total assessed valuation for excess levy purposes in the prior tax collection year for all districts as adjusted to one hundred percent by the county indicated ratio established in RCW 84.48.075. (c) The "twelve percent levy rate" of a district shall mean: (i) Twelve percent of the district's levy base as defined in RCW 84.52.0531(3), plus one-half of any amount computed under RCW 84.52.0531(2)(b) in the case of nonhigh school districts; divided by (ii) The district's assessed valuation for excess levy purposes for the prior tax collection year as adjusted to one hundred percent by the county indicated ratio. (d) "Eligible districts" shall mean those districts with a twelve percent levy rate which exceeds the state-wide average twelve percent levy rate. (5) Allocation of state matching funds for collection years beginning 1999 to eligible districts for local effort assistance shall be determined as follows: (a) Funds raised by the district through maintenance and operation levies during that tax collection year shall be matched with state funds using the following ratio of state funds to levy funds: (i) The difference between the district's twelve percent levy rate and the state-wide average twelve percent levy rate; to (ii) the state-wide average twelve percent levy rate. (b) The maximum amount of state matching funds for which a district may be eligible in any tax collection year shall be twelve percent of the district's levy base as defined in RCW 84.52.0531(4), multiplied by the following percentage: (i) The difference between the district's twelve percent levy rate and the state-wide average twelve percent levy rate; divided by (ii) the district's twelve percent levy rate. (6)(a) Through tax collection year 1992, fifty-five percent of local effort assistance funds shall be distributed to qualifying districts during the applicable tax collection year on or before June 30 and forty-five percent shall be distributed on or before December 31 of any year. (b) In tax collection year 1993 and thereafter, local effort assistance funds shall be distributed to qualifying districts as follows: (i) Thirty percent in April; (ii) Twenty-three percent in May; (iii) Two percent in June; (iv) Seventeen percent in August; (v) Nine percent in October; (vi) Seventeen percent in November; and (vii) Two percent in December." Renumber the remaining sections consecutively and correct internal references accordingly. Senator Sheldon demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Hargrove on page 1, after line 3, to Substitute Senate Bill No. 5734.
ROLL CALL
The Secretary called the roll and the amendment was adopted by the following vote: Yeas, 43; Nays, 6; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43. Voting nay: Senators Finkbeiner, Heavey, Horn, Kline, McDonald and Strannigan - 6.
MOTION
Senator West moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. The house of representatives and senate fiscal committees shall study data and issues relevant to the state funded local effort assistance program known as "levy equalization" and prepare a report of findings and recommendations to the legislature by December 1, 1997. To the maximum extent possible, the education community shall be included in discussions concerning the study in this section. Sec. 2. RCW 84.52.0531 and 1995 1st sp.s. c 11 s 1 are each amended to read as follows: The maximum dollar amount which may be levied by or for any school district for maintenance and operation support under the provisions of RCW 84.52.053 shall be determined as follows: (1) For excess levies for collection in calendar year ((1992)) 1997, the maximum dollar amount shall be calculated pursuant to the laws and rules in effect in November ((1991)) 1996. (2) ((For the purpose of this section, the basic education allocation shall be determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350: PROVIDED, That when determining the basic education allocation under subsection (4) of this section, nonresident full time equivalent pupils who are participating in a program provided for in chapter 28A.545 RCW or in any other program pursuant to an interdistrict agreement shall be included in the enrollment of the resident district and excluded from the enrollment of the serving district. (3))) For excess levies for collection in calendar year ((1993)) 1998 and thereafter, the maximum dollar amount shall be the sum of (a) ((and)) plus or minus (b) and (c) of this subsection minus (((c))) (d) of this subsection: (a) The district's levy base as defined in subsection (((4))) (3) of this section multiplied by the district's maximum levy percentage as defined in subsection (((5))) (4) of this section; (b) ((In the case of nonhigh school districts only, an amount equal to the total estimated amount due by the nonhigh school district to high school districts pursuant to chapter 28A.545 RCW for the school year during which collection of the levy is to commence, less the increase in the nonhigh school district's basic education allocation as computed pursuant to subsection (1) of this section due to the inclusion of pupils participating in a program provided for in chapter 28A.545 RCW in such computation)) For districts in a high/nonhigh relationship, the high school district's maximum levy amount shall be reduced and the nonhigh school district's maximum levy amount shall be increased by an amount equal to the estimated amount of the nonhigh payment due to the high school district under RCW 28A.545.030(3) and 28A.545.050 for the school year commencing the year of the levy; (c) For districts in an interdistrict cooperative agreement, the nonresident school district's maximum levy amount shall be reduced and the resident school district's maximum levy amount shall be increased by an amount equal to the per pupil basic education allocation included in the nonresident district's levy base under subsection (3) of this section multiplied by: (i) The number of full-time equivalent students served from the resident district in the prior school year; multiplied by: (ii) The serving district's maximum levy percentage determined under subsection (4) of this section; multiplied by: (iii) The percent increase per full-time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year divided by fifty-five percent; (d) The district's maximum levy amount shall be reduced by the maximum amount of state matching funds for which the district is eligible under RCW 28A.500.010 ((for which the district is eligible in that tax collection year)). (((4))) (3) For excess levies for collection in calendar year ((1993)) 1998 and thereafter, a district's levy base shall be the sum of allocations in (a) through (c) of this subsection received by the district for the prior school year, including allocations for compensation increases, plus the sum of such allocations multiplied by the percent increase per full time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year and divided by fifty-five percent. A district's levy base shall not include local school district property tax levies or other local revenues, or state and federal allocations not identified in (a) through (c) of this subsection. (a) The district's basic education allocation as determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350; (b) State and federal categorical allocations for the following programs: (i) Pupil transportation; (ii) ((Handicapped)) Special education; (iii) Education of highly capable students; (iv) Compensatory education, including but not limited to learning assistance, migrant education, Indian education, refugee programs, and bilingual education; (v) Food services; and (vi) State-wide block grant programs; and (c) Any other federal allocations for elementary and secondary school programs, including direct grants, other than federal impact aid funds and allocations in lieu of taxes. (((5) For excess levies for collection in calendar year 1993 and thereafter, a district's maximum levy percentage shall be determined as follows: (a) Multiply the district's maximum levy percentage for the prior year by the district's levy base as determined in subsection (4) of this section; (b) Reduce the amount in (a) of this subsection by the total estimated amount of any levy reduction funds as defined in subsection (6) of this section which are to be allocated to the district for the current school year; (c) Divide the amount in (b) of this subsection by the district's levy base to compute a new percentage; (d) The percentage in (c) of this subsection or twenty percent, whichever is greater, shall be the district's maximum levy percentage for levies collected in that calendar year; and (e) For levies to be collected in calendar years 1994 through 1997, the maximum levy rate shall be the district's maximum levy percentage for 1993 plus four percent reduced by any levy reduction funds. For levies collected in 1998, the prior year shall mean 1993. (6))) (4) A district's maximum levy percentage shall be twenty-two percent in 1998 and twenty-four percent in 1999 and every year thereafter; plus, for qualifying districts, the grandfathered percentage determined as follows: (a) For 1997, the difference between the district's 1993 maximum levy percentage and twenty percent; and (b) For 1998 and thereafter, the percentage calculated as follows: (i) Multiply the grandfathered percentage for the prior year times the district's levy base determined under subsection (3) of this section; (ii) Reduce the result of (b)(i) of this subsection by any levy reduction funds as defined in subsection (5) of this section that are to be allocated to the district for the current school year; (iii) Divide the result of (b)(ii) of this subsection by the district's levy base; and (iv) Take the greater of zero or the percentage calculated in (b)(iii) of this subsection. (5) "Levy reduction funds" shall mean increases in state funds from the prior school year for programs included under subsection (((4))) (3) of this section: (a) That are not attributable to enrollment changes, compensation increases, or inflationary adjustments; and (b) that are or were specifically identified as levy reduction funds in the appropriations act. If levy reduction funds are dependent on formula factors which would not be finalized until after the start of the current school year, the superintendent of public instruction shall estimate the total amount of levy reduction funds by using prior school year data in place of current school year data. Levy reduction funds shall not include moneys received by school districts from cities or counties. (((7))) (6) For the purposes of this section, "prior school year" ((shall)) means the most recent school year completed prior to the year in which the levies are to be collected. (((8))) (7) For the purposes of this section, "current school year" ((shall)) means the year immediately following the prior school year. (((9))) (8) Funds collected from transportation vehicle fund tax levies shall not be subject to the levy limitations in this section. (((10))) (9) The superintendent of public instruction shall develop rules and regulations and inform school districts of the pertinent data necessary to carry out the provisions of this section. NEW SECTION. Sec. 3. RCW 28A.320.150 and 1995 1st sp.s. c 11 s 2 are each repealed." Senator Sheldon demanded a roll call and the demand was sustained.
Debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of the striking amendment by Senator West to Substitute Senate Bill No. 5734.
ROLL CALL
The Secretary called the roll and the striking amendment was adopted by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Heavey, Hochstatter, Horn, 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, Hargrove, Haugen, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 22.
MOTIONS
On motion of Senator West, the following title amendment was adopted:
On page 1, line 1 of the title, after "levies;" strike the remainder of the title and insert "amending RCW 84.52.0531; creating a new section; and repealing RCW 28A.320.150." On motion of Senator West, the rules were suspended, Engrossed Substitute Senate Bill No. 5734 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
DEMAND FOR PREVIOUS QUESTION
Senators Johnson, West and McDonald demanded the previous question and the demand was sustained.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5734.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5734 and the bill failed to pass the Senate by the following vote: Yeas, 17; Nays, 32; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Deccio, Finkbeiner, Fraser, Heavey, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Prince, Rossi, Strannigan, West, Winsley and Wood - 17. Voting nay: Senators Bauer, Benton, Brown, Fairley, Franklin, Goings, Hale, Hargrove, Haugen, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, Wojahn and Zarelli - 32. ENGROSSED SUBSTITUTE SENATE BILL NO. 5734, having failed to receive the constitutional majority, was declared lost.
SPECIAL ORDER OF BUSINESS
On motion of Senator Johnson, Senate Bill No. 5850 will be made a special order of business at 4:55 p.m. today.
SECOND READING
SENATE BILL NO. 5521, by Senator Haugen
Authorizing a county research service.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 5521 was substituted for Senate Bill No. 5521 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. 5521 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. 5521.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5521 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. 5521, 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. 5633, by Senators Strannigan, Long, Patterson and Benton
Requiring a performance audit of the department of transportation.
MOTIONS
On motion of Senator Strannigan, Substitute Senate Bill No. 5633 was substituted for Senate Bill No. 5633 and the substitute bill was placed on second reading and read the second time.
Senator Prince moved that the following amendments by Senators Prince and Haugen be considered simultaneously and be adopted:
On page 1, line 12, after "(2)" strike all material through "involve" on line 13, and insert the following: "Consistent with the procedures established in chapter 44.28 RCW, the committee shall, as appropriate, consult" On page 1, line 18, strike "of the independent evaluator, the joint legislative audit and review" and insert "of the committee, the independent evaluator" On page 2, line 36, after "organizations;" insert "and" On page 2, line 37, after "recommendations" strike "regarding" and insert "relating to" On page 2, line 39, after "efficiently" strike ";" and insert "and whether specific statutes, activities, or programs should be continued, abandoned, or restructured." On page 3, beginning on line 1, strike all material through "restructured." on line 5 Renumber the sections consecutively and correct any internal references accordingly.
MOTION TO DIVIDE THE QUESTION
On motion of Senator Strannigan, the question was divided and the amendments on page 1, lines 12 and 18, and page 2, lines 36, 37, and 39 will be considered separately from the amendment on line 3, beginning on line 1.
Senator Prince spoke to the amendments on page 1, lines 12 and 18, and page 2, lines 36, 37, and 39.
The President declared the question before the Senate to be the adoption of the amendments by Senators Prince and Haugen on page 1, lines 12 and 18, and page 2, lines 36, 37, and 39, to Substitute Senate Bill No. 5633.
` The motion by Senator Prince carried and the amendments were adopted.
MOTION
Senator Prince moved that the amendment on page 3, beginning on line 1, be adopted.
POINT OF ORDER
Senator Johnson: “A point of order, Mr. President. It is 4:55 p.m. and time to consider the Special Order of Business on Senate Bill No. 5850.”
SECOND READING
SENATE BILL NO. 5850, by Senators Anderson, Newhouse, Haugen and Horn
Changing provisions related to employment in the construction industry.
The bill was read the second time.
MOTION
Senator Hargrove moved that the following amendment be adopted:
On page 2, line 1, after "against" strike all material through "tier" on line 8, and insert "a general or prime contractor, a subcontractor of any tier, or any of their employees" Senator Sheldon demanded a roll call and the demand was sustained.
Debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Hargrove on page 2, line 1, to Senate Bill No. 5850.
ROLL CALL
The Secretary called the roll and the amendment was adopted by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Horn, Johnson, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 23..
MOTION
Senator Winsley moved that the following amendment by Senators Winsley, Hargrove and Heavey be adopted:
On page 2, line 32, after “than” strike “one-half” and insert “forty percent” Debate ensued.
Senator Sheldon demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Winsley, Hargrove and Heavey on page 2, line 32, to Senate Bill No. 5850.
ROLL CALL
The Secretary called the roll and the amendment was adopted by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 28. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 21.
MOTION
On motion of Senator Schow, the rules were suspended, Engrossed Senate Bill No. 5850 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. 5850.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5850 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, Hargrove, Hochstatter, Horn, Johnson, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 23. ENGROSSED SENATE BILL NO. 5850, 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. 5633 under consideration on second reading before the special order of business on Senate Bill No. 5850.
The President declared the question before the Senate to be the adoption of the amendment by Senators Prince and Haugen on page 3, beginning on line 1, to Substitute Senate Bill No. 5633.
Debate ensued.
The amendment on page 3, beginning on line 1, was adopted on a rising vote.
MOTION
Senator Prince moved that the following amendment by Senators Prince and Haugen be adopted:
On page 3, after line 11, insert the following: "NEW SECTION. Sec. 2. (1) The joint legislative audit and review committee shall create a temporary advisory committee to assist the committee in conducting this performance audit. The advisory committee shall assist the committee in the following matters: (a) Identifying stakeholders; (b) Developing the audit scope and objectives; (c) Reviewing progress reports provided by the joint legislative audit and review committee; (d) Reviewing preliminary and final audit reports; (e) Facilitating communication of audit findings to other members of the legislature. (2) The advisory committee shall be comprised of representatives of the joint legislative audit and review committee, the legislative transportation committee, and other stakeholders as determined by the joint legislative audit and review committee. (3) The advisory committee shall be chaired by the chair of the joint legislative audit and review committee." Renumber the sections consecutively and correct any internal references accordingly. Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Prince and Haugen on page 3, after line 11, to Substitute Senate Bill No. 5633.
The motion by Senator Prince carried and the amendment was adopted on a rising vote.
MOTION
On motion of Senator Strannigan, the rules were suspended, Engrossed Substitute Senate Bill No. 5633 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5633.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5633 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 40. Voting nay: Senators Fairley, Haugen, Loveland, McAuliffe, Prentice, Swanson, Thibaudeau and Wojahn - 8. Absent: Senator Schow - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 5633, 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 5:34 p.m., on motion of Senator Johnson, the Senate adjourned until 12:00 noon, Thursday, March 20, 1997.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate