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THIRTY-FIRST DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, February 10, 1999

The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senator Finkbeiner. On motion of Senator Deccio, Senator Finkbeiner was excused.

The Sergeant at Arms Color Guard consisting of Boy Scouts Rob Peppin, Dan Peppin, Leo Conniff and Nick Petrich from Troop 299, sponsored by St. Patrick's Church of Tacoma, presented the Colors. Reverend Bill Hallihan, pastor of the Our Lady of Guadalupe Church in Seattle, and a guest of Senator Mike Heavey, offered the prayer.

MOTION

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

SPECIAL THANKS TO BOYS SCOUTS

The President thanked the Boy Scouts and their Scout Master, Tom Heavey, brother of Senator Mike Heavey, for their outstanding presentation of the flag.

REPORTS OF STANDING COMMITTEES

February 8, 1999

SB 5347 Prime Sponsor, Senator Rasmussen: Extending the period of time to expend funds from the fruit and vegetable district fund. Reported by Committee on Agriculture and Rural Economic Development

MAJORITY Recommendation: Do pass. Signed by Senators Rasmussen, Chair; T. Sheldon, Vice Chair; Gardner, Honeyford, Morton, Prentice, Snyder, Stevens and Swecker.

Passed to Committee on Rules for second reading.

February 8, 1999

SB 5353 Prime Sponsor, Senator Rasmussen: Modifying the powers and duties of the dairy commission. Reported by Committee on Agriculture and Rural Economic Development

MAJORITY Recommendation: Do pass. Signed by Senators Rasmussen, Chair; T. Sheldon, Vice Chair; Gardner, Honeyford, Morton, Prentice, Snyder, Stevens and Swecker.

Passed to Committee on Rules for second reading.

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENT

February 5, 1999

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

Sam Kinville, reappointed August 26, 1998, for a term ending September 8, 2003, as a member of the Public Employment Relations Commission.

Sincerely,

GARY LOCKE, Governor

Referred to the Committee on Labor and Workforce Development.

INTRODUCTION AND FIRST READING

SB 5804 by Senators Morton, Deccio, Roach, Swecker, Rasmussen, Oke, T. Sheldon, Johnson, Gardner, Sellar, Sheahan, Honeyford, Hale, Snyder, Zarelli, Hochstatter, Stevens and West

AN ACT Relating to a change in the purpose of use of a water right; and amending RCW 90.03.380.

Referred to Committee on Environmental Quality and Water Resources.

SB 5805 by Senators Thibaudeau, Prentice, Deccio, Kohl-Welles and Costa

AN ACT Relating to completion of prescriptive authority for advanced registered nurse practitioners; amending RCW 18.79.050, 18.79.240, and 18.79.250; adding a new section to chapter 18.79 RCW; and creating new sections.

Referred to Committee on Health and Long-Term Care.

SB 5806 by Senators Haugen, Hochstatter, Horn and Rasmussen (by request of Military Department)

AN ACT Relating to providing for the adjutant general to establish rules concerning the accuracy of location information derived from enhanced 911 telephone systems; amending RCW 43.43.934; adding a new section to chapter 38.52 RCW; and creating a new section.

Referred to Committee on State and Local Government.

SB 5807 by Senators Franklin, Winsley, Fraser, Rasmussen, McAuliffe, Wojahn, Fairley, Thibaudeau, Kohl-Welles, Kline, Costa and B. Sheldon

AN ACT Relating to health care coverage for retired or disabled school employees and retired state employees; adding a new section to chapter 41.05 RCW; and providing an effective date.

Referred to Committee on Health and Long-Term Care.

SB 5808 by Senators Franklin, Winsley, Fraser, Rasmussen, McAuliffe, Wojahn, Fairley, Thibaudeau, Prentice and Kohl-Welles

AN ACT Relating to subsidies for health benefit premiums; amending RCW 41.05.085; adding a new section to chapter 41.05 RCW; and creating a new section.

Referred to Committee on Health and Long-Term Care.

SB 5809 by Senators McAuliffe, Swecker, Prentice, Eide, Thibaudeau, Fraser, Kohl-Welles and Kline

AN ACT Relating to the control of dioxin; amending RCW 70.105.010, 70.95C.020, 70.95E.010, 70.105.020, and 70.105D.020; adding new sections to chapter 70.105 RCW; creating a new section; and providing effective dates.

Referred to Committee on Environmental Quality and Water Resources.

SB 5810 by Senators Fraser, T. Sheldon and Swecker

AN ACT Relating to allowing for regulation of flowing wells within city limits; and amending RCW 90.36.030 and 90.44.110.

Referred to Committee on Environmental Quality and Water Resources.

SB 5811 by Senators Brown, Prentice and Kohl-Welles

AN ACT Relating to the implementation of the federal telecommunications act of 1996; amending RCW 80.36.610; adding new sections to chapter 80.36 RCW; creating a new section; prescribing penalties; and repealing RCW 80.36.600.

Referred to Committee on Energy, Technology and Telecommunications.

SB 5812 by Senators Thibaudeau, Deccio, Wojahn, Winsley, Gardner, Prentice and Costa

AN ACT Relating to the prompt payment of health care claims; adding a new section to chapter 48.43 RCW; and creating a new section.

Referred to Committee on Health and Long-Term Care.

SB 5813 by Senators Thibaudeau, Deccio, Costa and Winsley

AN ACT Relating to health plan medical director licensure and accountability; and adding a new chapter to Title 18 RCW.

Referred to Committee on Health and Long-Term Care.

SB 5814 by Senators Thibaudeau, Roach and Franklin

AN ACT Relating to salaries of University of Washington police officers; and adding a new section to chapter 28B.20 RCW.

Referred to Committee on Higher Education.

SB 5815 by Senators Prentice, Winsley, Heavey, Deccio, T. Sheldon, Honeyford, Gardner, Hale, Benton, Rasmussen, Loveland, Swecker and Sellar

AN ACT Relating to taxation of social card games; and amending RCW 9.46.110.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

SB 5816 by Senators Haugen, McCaslin, Patterson, Gardner and T. Sheldon

AN ACT Relating to enabling counties planning under chapter 36.70A RCW to create nine lots in a short subdivision within a designated urban growth area; and amending RCW 58.17.020.

Referred to Committee on State and Local Government.

SB 5817 by Senators Brown, Sellar, T. Sheldon and Hochstatter

AN ACT Relating to procedures for public utility districts to participate in wholesale electricity market activities; and adding a new chapter to Title 54 RCW.

Referred to Committee on Energy, Technology and Telecommunications.

SB 5818 by Senator Sheahan

AN ACT Relating to unclassified employees in the office of sheriff; and amending RCW 41.14.070.

Referred to Committee on State and Local Government.

SB 5819 by Senators Shin, Costa and Eide (by request of Governor Locke)

AN ACT Relating to additional unemployment benefits; amending RCW 50.22.090 and 50.29.020; creating a new section; and declaring an emergency.

Referred to Committee on Labor and Workforce Development.

SB 5820 by Senators Snyder, Winsley, Bauer, Fairley, Oke, Prentice, Kohl-Welles, Rasmussen and Costa

AN ACT Relating to service credit under the teachers' retirement system plan I for military service; and amending RCW 41.32.260.

Referred to Committee on Ways and Means.

SB 5821 by Senators Eide, Morton, Patterson, Swecker, McAuliffe and Fraser

AN ACT Relating to the licensing of persons who design on-site wastewater treatment systems; adding a new section to chapter 70.118 RCW; adding a new chapter to Title 18 RCW; prescribing penalties; and making appropriations.

Referred to Committee on Environmental Quality and Water Resources.

SB 5822 by Senators Haugen, Deccio, Gardner, Patterson, Eide, McCaslin, Costa and Long

AN ACT Relating to an auto transportation company operating within a public transportation benefit area; and adding a new section to chapter 81.88 RCW.

Referred to Committee on Transportation.

SB 5823 by Senators Kohl-Welles, Sheahan, Shin, Bauer, B. Sheldon, Hale and Brown

AN ACT Relating to higher education accountability; amending 1998 c 346 s 601 (uncodified); adding new sections to chapter 28B.80 RCW; creating new sections; and declaring an emergency.

Referred to Committee on Higher Education.

SB 5824 by Senator Kohl-Welles

AN ACT Relating to children on motorcycles; and amending RCW 46.37.530.

Referred to Committee on Transportation.

SB 5825 by Senator McAuliffe (by request of Commission on Student Learning and Superintendent of Public Instruction Bergeson)

AN ACT Relating to student assessments; amending RCW 28A.300.310, 28A.300.320, 28A.230.190, 28A.230.230, 28A.630.885, 28A.230.250, and 28A.230.195; adding new sections to chapter 28A.230 RCW; repealing RCW 28A.230.210, 28A.230.220, and 28A.230.240; repealing 1998 c 225 s 3 (uncodified); repealing 1995 c 209 s 3 (uncodified); repealing 1995 c 209 s 2 and 1992 c 141 s 203 (uncodified); and declaring an emergency.

Referred to Committee on Education.

SB 5826 by Senators Haugen, McCaslin, Patterson, Wojahn, Fraser, Jacobsen, Rasmussen, Swecker, Spanel, Gardner, McDonald, Kline, Snyder, Morton and T. Sheldon

AN ACT Relating to the acquisition of rights and interests in open space land, farm and agricultural land, and timber land; amending RCW 84.34.108 and 84.34.080; and providing an effective date.

Referred to Committee on State and Local Government.

SB 5827 by Senators Prentice, Fraser, Kohl-Welles and Long

AN ACT Relating to load covering for vehicles on public highways; and amending RCW 46.61.655.

Referred to Committee on Transportation.

MOTION

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

SENATE RESOLUTION 1999-8615

By Senator West, Roach, Fraser, Kohl-Welles, Rasmussen, Long and Eide

WHEREAS, The Boy Scouts of America was founded on February 8, 1910; and

WHEREAS, The Boy Scouts of America have been an integral part of building the character of youth for over eighty-nine years; and

WHEREAS, In Washington State, there are over ninety-seven thousand youths involved with Boy Scouting from Tiger Cubs through Explorers; and

WHEREAS, Over thirty-one thousand adults in Washington give their time to volunteer to the Boy Scouts; and

WHEREAS, The Governor of Washington State, Gary Locke, is a lifetime Boy Scout, having earned the rank of Eagle Scout; and

WHEREAS, Over forty-three members of the Washington State Legislature have been Boy Scouts and Girl Scouts and over fifty members have volunteered their time as leaders, parents, and counselors in scouting; and

WHEREAS, Scouts of all ages provide assistance in local and national emergencies; and

WHEREAS, Thousands of Scouts participate every year in “Scouting for Food”, good-turn projects and have collected hundreds of tons of food for local food banks; and

WHEREAS, The co-ed Explorer program prepares youth for future careers; and

WHEREAS, The co-ed Learning for Life program provides children with positive values and essential life skills in classrooms all over the nation; and

WHEREAS, The Scout Law which reads “a Scout is trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean and reverent” provides an ethical code that we would all do well to follow; and

WHEREAS, The Scout motto of “Be Prepared” and the Scout Slogan of “Do a Good Turn Daily” provide a positive mission for Scouts of all ages; and

WHEREAS, World-wide Scout principles which include individual respect, citizenship, and service to others, help lay a foundation for the future service to our state and country;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate applaud the effort and work of the six councils of the Boy Scouts of America in Washington State and the positive programs they provide for our youth; and

BE IT FURTHER RESOLVED, That the Washington State Senate encourage all agencies of state government to recognize the service and benefits that the Boy Scouts of America provide; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Gary Locke, Governor of Washington; the Governor’s cabinet officers; all state-wide elected officials; the National Boy Scouts of America Office, the Western Region Office of the Boy Scouts of America, and to the Boy Scout Councils serving Washington State.

MOTION

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

SENATE RESOLUTION 1999-8618

By Senators Rasmussen, Morton, Fraser, Long, Jacobsen and Eide

WHEREAS, Twenty percent of the nations potatoes are produced in the state of Washington; and

WHEREAS, Washington ranks second in the nation in the total production of potatoes and first in per-acre yield of potatoes; and

WHEREAS, Potatoes contribute to our trade balance and the overall health of the state's economy with over $300 million dollars of potatoes being exported annually through the ports in Tacoma and Seattle alone; and

WHEREAS, Potatoes represent the state's third largest agricultural commodity with a farm gate value of over $500 million, and total value of processed potato products of $2.5 billion; and

WHEREAS, Washington potato growers have won national awards three years in a row for environmentally friendly and efficient use of water and fertilizers;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognizes the men and women in the state of Washington who work to make the Washington potato industry successful; and

BE IT FURTHER RESOLVED, That the Washington State Senate recognize the contribution that this valuable industry makes to the strength and vitality of the state's economy and wishes to thank the Washington Potato Commission for the opportunity to sample the great WATATO (Yes, ladies and gentlemen, that’s right WATATO) today in the Capitol Rotunda.

Senators Deccio, Hale, Jacobsen, Haugen, Hochstatter, Morton, Prentice, Rasmussen and Swecker spoke to Senate Resolution 1999-8618.

MOTION

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

SENATE RESOLUTION 1999-8619

By Senator Snyder, Fraser, Kohl-Welles, Rasmussen, Spanel, Fairley and Eide

WHEREAS, Harold Sumpter dedicated his life to serving his community and being a role model through his sincerity; and

WHEREAS, He was the longest serving Assistant Sergeant-at-Arms and faithfully served this body and institution from 1981-1999; and

WHEREAS, Harold Sumpter rose through the ranks of the Grays Harbor County Sheriff’s office to become the Sheriff of Grays Harbor County; and

WHEREAS, He demonstrated his dedication to his communities through his membership in the Masonic Lodge of Elma, the International Oddfellows of Olympia and Elma, the Grays Harbor Shire Club of Aberdeen, the East Grays Harbor Red Cross, and the Elks Club of Aberdeen, through his cheerful goodwill; and

WHEREAS, Harold Sumpter was a father figure to many and a friend to all, extending his helping hand to anyone in need; and

WHEREAS, The people of Washington have lost a true friend, a loving husband, and a proud and devoted father and grandfather; and

NOW, THEREFORE BE IT RESOLVED, That the Washington State Senate hereby recognize, on this 10th of February, the life of Mr. Harold Sumpter, and his personal and professional contributions to the countless number of people who, through him, have been changed for the better; and

BE IT FURTHER RESOLVED, That the Washington State Senate salute Mr. Harold Sumpter for his years of service maintaining the integrity of the Washington State Senate; and

BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit a copy of this resolution to the family of Harold Sumpter.

Senators Snyder, Tim Sheldon, Hargrove, Betti Sheldon and Brown spoke to Senate Resolution 1999-8619.

MOTION

At 10:30 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 11:15 a.m. by President Owen.

MOTION

Senator Betti Sheldon moved that the twenty-four hour notice requirement in Rule 20 be suspended in order to permit consideration of an amendment to the Senate Rules.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Betti Sheldon that the twenty-four hour notice requirement in Rule 20 be suspended to permit consideration of an amendment to the Senate Rules.

The motion carried and the twenty-four hour notice in Rule 20 was suspended.

EDITOR'S NOTE: Rule 20 states: 'Senate floor resolutions shall be acted upon in the same manner as motions. All senate floor resolutions shall be on the secretary's desk at least twenty-four hours prior to consideration.'

MOTION

On motion of Senator Deccio, Senator Winsley was excused.

MOTION

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

SENATE RESOLUTION 1999-8617

By Senators Snyder and McDonald

BE IT RESOLVED, That Senate Resolution No. 1999-8610, adopting the Rules of the Senate for the 56th Legislature, be amended as follows:

On page 20, beginning on line 14, strike everything through page 21, line 5 and insert:

"The following standing committees shall constitute the standing committees of the senate:

1. Agriculture and Rural Economic Development 9

2. Commerce, Trade, Housing and Financial Institutions 11

3. Education 13

4. Energy, Technology and ((Communications)) Telecommunications 7

5. Environmental Quality and Water Resources 7

6. Health and Long-Term Care 7

7. Higher Education ((11)) 10

8. Human Services and Corrections 9

9. Judiciary 12

10. Labor and Workforce Development 6

11. Natural Resources, Parks and Recreation 9

12. Rules 16

13. State and Local Government 7

10. Transportation 20

15. Ways and Means 21"

On page 23, line 13, delete “3" and insert “((3)) 4"

CHANGE IN STANDING COMMITTEE ASSIGNMENT

The President appointed Senator Hale to the Committee on State and Local Government and removed Senator Hale from the Committee on Higher Education.

MOTION

On motion of Senator Betti Sheldon, the change in the standing committees was confirmed.

MOTION

On motion of Senator Betti Sheldon, the Senate reverted to the seventh order of business.

THIRD READING

SENATE BILL NO. 5060, by Senators Eide, Goings, Haugen, Benton, Gardner, Patterson, West, Brown, Johnson and Oke

Authorizing state highway bonds.

The bill was read the third time.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5060.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5060 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Wojahn and Zarelli - 46.

Absent: Senator Roach - 1.

Excused: Senators Finkbeiner and Winsley - 2.

SENATE BILL NO. 5060, having received the constitutional majority of sixty percent, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

POINT OF INQUIRY

Senator McCaslin: “Senator Eide, would you answer a question? Was that your first speech?”

Senator Eide: “Yes sir, it was.”

Senator McCaslin: “I hope it is spread on the Journal, but you know the custom we have here in the Senate--new Senators--their first speech, which was absolutely--you swayed us all over here, I am telling you. You are a silver-tongued devil of the first class, but we would appreciate a gift of something to eat.”

Senator Eide: “Well, Senator, I did bring something. Thank you very much, by the way, thank you for your vote over there. I was sweating it--yes. For this special occasion, I did write a poem--I'm sorry--pardon me--oh, I'm sorry, I'll sit down. But, I did bring something; someone is telling me to sit down over here.”

Senator McCaslin: “Excuse me, Mr. President. Did she answer my question? I'm confused here.”

Senator Eide: “Yes, I did bring something, but not to eat.”

Senator McCaslin: “Oh, fudge.”

POINT OF ORDER

Senator Heavey: “I rise to a point of order. Thank you, Mr. President, speaking to the inaugural address of the Senator from Federal Way. She has disturbed and interrupted the relative calm of the dignified debate of this august body. The content of her address was vacuous at best. But, most disturbing was the total qualities of her voice. It reminded me of the woeful wailing of a diseased yak. Therefore, for conduct so reprehensible and indefensible, I would invoke the informal rule of offending the dignity of this august body and ask for reparations. Thank you.”

REPLY BY THE PRESIDENT

President Owen: “Senator Heavey, the President would like to point out, although Senator Eide's remarks may have disturbed the Senate, it is almost as equally disturbing when a veteran stands up and asks for a point of order that should actually be a point of personal privilege.”

PERSONAL PRIVILEGE

Senator Eide: “A point of personal privilege, Mr. President. For this special occasion, I wrote a poem, so bear with me.

I had pre-game jitters contemplating my first at bat in the Senate;

Yes, I was worried I wouldn't win a pennant;

I thought I would strike out looking at three straight pitches;

I knew I had to swing for one of the businesses;

From Weyerhaeuser International Headquarters maybe seedlings were in order;

Word Visions International Headquarters giving charity across many borders;

The Goodwill Games Pool? Maybe Speedos would do!

Instead, I went to the dug out and checked my line-up card. Should I choose them ALL?

No, a lesser known player--if they don't have the game--certainly has the BALL.

My Choice - The Headquarters of Bauden Sports in Federal Way.

Now, that I'm in the Big League, I only ask the Senate for one thing today;

That without remuneration each of you sign the baseball that is coming your way.

Now, ladies and gentlemen of the Senate,

LET'S PLAY BALL

REPLY BY THE PRESIDENT

President Owen: “The President would point out to the members that I don't know if we have a rule on throwing baseballs in the Senate Chamber, but I do feel that it is probably out of order, Senator Hargrove.”

PERSONAL PRIVILEGE

Senator McCaslin: “A point of personal privilege. I was hoping you would let Senator Hargrove do that, because he has dropped the ball many times in this body. One other point, Mr. President, I would appreciate a ruling by you, when Senator Heavey talked about an 'august' body, isn't it 'agust,' isn't 'August' a month of the year?”

REPLY BY THE PRESIDENT

President Owen: “I would very rightfully point out that that is probably a Seattle vocabulary.”

MOTION

On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.

SECOND READING

SENATE BILL NO. 5176, by Senators McAuliffe, Eide, Long, Costa, Goings, Oke, Winsley and Rasmussen

Requiring the arrest of persons who willfully refuse to leave school grounds after being ordered to do so.

MOTIONS

On motion of Senator McAuliffe, Substitute Senate Bill No. 5176 was substituted for Senate Bill No. 5176 and the substitute bill was placed on second reading and read the second time.

MOTION

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

On page 2, line 29, after "section." insert "However, this subsection does not apply to parents or guardians with children enrolled in the school."

On page 5, line 17, after "RCW 28A.635.020." insert "However, this subsection does not apply to parents or guardians with children enrolled in the school."

Debate ensued.

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

The President declared the question before the Senate to be the adoption of the amendments by Senator Hochstatter on page 2, line 29 and page 5, line 17, to Substitute Senate Bill No. 5176.

ROLL CALL

The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 21; Nays, 25; Absent, 1; Excused, 2.

Voting yea: Senators Benton, Deccio, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McDonald, Morton, Oke, Patterson, Rossi, Sellar, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West and Zarelli - 21.

Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, Prentice, Rasmussen, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 25.

Absent: Senator Roach - 1.

Excused: Senators Finkbeiner and Winsley - 2.

MOTION

On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 5176 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. 5176.

MOTION

On motion of Senator Stevens, Senator Roach was excused.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5176 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 7; Absent, 1; Excused, 3.

Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 38.

Voting nay: Senators Benton, Hochstatter, Morton, Stevens, Swecker, West and Zarelli - 7.

Absent: Senator Kline - 1.

Excused: Senators Finkbeiner, Roach and Winsley - 3.

SUBSTITUTE SENATE BILL NO. 5176, 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. 5212, by Senators McAuliffe, Eide, Winsley, Thibaudeau, Franklin, Rasmussen and Costa

Providing for school safety plans.

MOTIONS

On motion of Senator McAuliffe, Substitute Senate Bill No. 5212 was substituted for Senate Bill No. 5212 and the substitute bill was placed on second reading and read the second time.

On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 5212 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. 5212.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5212 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Absent: Senator McDonald - 1.

Excused: Senators Finkbeiner and Roach - 2.

SUBSTITUTE SENATE BILL NO. 5212, 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. 5214, by Senators McAuliffe, Long, Fairley, Kohl-Welles, Eide, Costa, Kline, Thibaudeau and Winsley

Providing for additional investigation when a student is charged with possession of a firearm on school facilities.

MOTIONS

On motion of Senator McAuliffe, Substitute Senate Bill No. 5214 was substituted for Senate Bill No. 5214 and the substitute bill was placed on second reading and read the second time.

Senator Zarelli moved that the following amendment be adopted:

On page 2, line 23, after "person" strike "at least ten years of age and"

Debate ensued.

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

MOTION

On motion of Senator Deccio, Senator McDonald was excused.

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Zarelli on page 2, line 23, to Substitute Senate Bill No. 5214.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 19; Nays, 27; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Deccio, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, Morton, Oke, Rossi, Sellar, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 19.

Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 27.

Excused: Senators Finkbeiner, McDonald and Roach - 3.

MOTION

Senator Zarelli moved that the following amendment be adopted:

On page 2, beginning on line 27, after "cause" strike "or on probation bond"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Zarelli on page 2, beginning on line 27, to Substitute Senate Bill No. 5214.

The motion by Senator Zarelli failed and the amendment was not adopted.

MOTION

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

On page 2, line 26, after "for" strike "at least twenty-four" and insert "up to seventy-two"

Debate ensued.

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

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Zarelli and Long on page 2, line 26, to Substitute Senate Bill No. 5214.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 20; Nays, 27; Absent, 0; Excused, 2.

Voting yea: Senators Benton, Deccio, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Rossi, Sellar, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 20.

Excused: Senators Finkbeiner and Roach - 2.

MOTION

On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 5214 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. 5214.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5214 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Finkbeiner and Roach - 2.

SUBSTITUTE SENATE BILL NO. 5214, 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. 5100, by Senators Haugen, Sellar, Spanel, Gardner, Heavey, Benton, Oke, B. Sheldon and Kohl-Welles

Regulating ferry queues.

The bill was read the second time.

MOTION

On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5100 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF ORDER

Senator Hargrove: “A point of order. Mr. President, I think I have been impugned under Rule 7 about saying I was ignorant. Could you admonish the Senator from West Seattle?”

REPLY BY THE PRESIDENT

President Owen: “The President has a number of things you left wide open for him to say, Senator Hargrove, but Senator Heavey, would you please be careful about how you address the other distinguished members of this august body?”

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5100.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5100 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Voting nay: Senator Hargrove - 1.

Excused: Senators Finkbeiner and Roach - 2.

SENATE BILL NO. 5100, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 12:30 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Thursday, February 11, 1999.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate