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SIXTY-FOURTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, March 15, 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 Senators Costa, Finkbeiner, Hargrove, Horn and Oke. On motion of Senator Franklin, Senators Costa and Hargrove were excused. On motion of Senator Honeyford, Senators Finkbeiner, Horn and Oke were excused.
The Sergeant at Arms Color Guard consisting of Pages Katie Hartman and Meghan Hartman, presented the Colors. Reverend Mary McGonigal, pastor of the Lacey Presbyterian Church, 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.
MESSAGES FROM THE HOUSE
March 12, 1999
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1653,
HOUSE BILL NO. 1664,
SUBSTITUTE HOUSE BILL NO. 1668,
SECOND SUBSTITUTE HOUSE BILL NO. 1692,
SECOND SUBSTITUTE HOUSE BILL NO. 1729,
HOUSE BILL NO. 1741,
SUBSTITUTE HOUSE BILL NO. 1755,
HOUSE BILL NO. 1766,
SUBSTITUTE HOUSE BILL NO. 1848,
SECOND SUBSTITUTE HOUSE BILL NO. 1871,
SECOND SUBSTITUTE HOUSE BILL NO. 1891,
SUBSTITUTE HOUSE BILL NO. 1910,
SUBSTITUTE HOUSE BILL NO. 1969,
SUBSTITUTE HOUSE BILL NO. 1971,
SUBSTITUTE HOUSE BILL NO. 2053,
SECOND SUBSTITUTE HOUSE BILL NO. 2061,
SECOND SUBSTITUTE HOUSE BILL NO. 2098,
SUBSTITUTE HOUSE BILL NO. 2210,
SUBSTITUTE HOUSE BILL NO. 2234,
HOUSE BILL NO. 2261, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
March 12, 1999
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1274,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1362,
ENGROSSED HOUSE BILL NO. 1613,
ENGROSSED HOUSE BILL NO. 1894,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2095,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2123,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2239, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
March 12, 1999
MR. PRESIDENT:
The House has passed:
HOUSE BILL NO. 1540,
HOUSE BILL NO. 1621,
SUBSTITUTE HOUSE BILL NO. 1623,
HOUSE BILL NO. 2181, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
March 12, 1999
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1471,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1484, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
March 12, 1999
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1013,
SUBSTITUTE HOUSE BILL NO. 1069,
SECOND SUBSTITUTE HOUSE BILL NO. 1132,
SUBSTITUTE HOUSE BILL NO. 1133,
SUBSTITUTE HOUSE BILL NO. 1153,
SECOND SUBSTITUTE HOUSE BILL NO. 1184,
HOUSE BILL NO. 1221,
HOUSE BILL NO. 1261,
SUBSTITUTE HOUSE BILL NO. 1282,
HOUSE BILL NO. 1288,
SUBSTITUTE HOUSE BILL NO. 1291,
SUBSTITUTE HOUSE BILL NO. 1324,
SECOND SUBSTITUTE HOUSE BILL NO. 1546,
SECOND SUBSTITUTE HOUSE BILL NO. 1574,
HOUSE BILL NO. 1599,
SUBSTITUTE HOUSE BILL NO. 1619,
SECOND SUBSTITUTE HOUSE BILL NO. 1661,
SUBSTITUTE HOUSE BILL NO. 1663,
SUBSTITUTE HOUSE BILL NO. 1673,
SECOND SUBSTITUTE HOUSE BILL NO. 1674, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 1013 by House Committee on Higher Education (originally sponsored by Representatives Carlson, Radcliff, Dunn and Sheahan)
Changing the goals and priorities for grants under the Washington fund for innovation and quality education program.
Referred to Committee on Higher Education.
SHB 1069 by House Committee on Appropriations (originally sponsored by Representatives Scott, Mulliken and O'Brien)
Authorizing the forensic investigations council to make expenditures to assist in investigations of multiple deaths.
Referred to Committee on Ways and Means.
2SHB 1132 by House Committee on Appropriations (originally sponsored by Representatives Romero, Skinner, Lantz, Hankins, Ogden, Radcliff, Mitchell and Lambert)
Establishing the capitol furnishings preservation committee.
Referred to Committee on State and Local Government.
SHB 1133 by House Committee on State Government (originally sponsored by Representatives Bush, Ogden, Talcott, Buck, D. Schmidt, DeBolt, McDonald, Sump, Parlette, Lambert, Clements, Romero, Cairnes, Quall, G. Chandler, H. Sommers, Mielke, Koster, O'Brien, Sullivan, Thomas, Barlean, Campbell, Dunn, Mulliken, Alexander and Esser)
Maintaining voter registration lists.
Referred to Committee on State and Local Government.
SHB 1153 by House Committee on Education (originally sponsored by Representatives McDonald, Kastama, Sump, Delvin, Hurst, Rockefeller, Kessler, Stensen, O'Brien, Bush, Lovick, Dickerson, Carlson, Keiser, Ogden, Hatfield, Wood, Ruderman, Tokuda, Santos, McIntire, Conway and Lantz)
Changing school safety provisions.
Referred to Committee on Education.
2SHB 1184 by House Committee on Appropriations (originally sponsored by Representatives Kenney, Carlson, Schoesler, Ogden, Edmonds and Esser)
Promoting cooperative real estate research.
Referred to Committee on Higher Education.
HB 1221 by Representatives Ogden, Carlson, Conway, Mielke, Lantz, Pennington, Doumit, Hatfield and Dunn
Regarding Lewis and Clark bicentennial advisory committee.
Referred to Committee on State and Local Government.
HB 1261 by Representatives Romero, Conway, Veloria, Cooper, O'Brien and Kenney
Modifying motor vehicles of injured workers.
Referred to Committee on Labor and Workforce Development.
ESHB 1274 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Cairnes, O'Brien, Ballasiotes, Lovick, Koster and Haigh)
Changing provisions relating to jails.
Referred to Committee on Judiciary.
SHB 1282 by House Committee on State Government (originally sponsored by Representatives Romero, Buck, Miloscia, Linville, Dickerson, Regala and Wolfe) (by request of Commissioner of Public Lands Belcher)
Authorizing state agencies to offer incentives to state employees to relocate from one part of the state to another.
Referred to Committee on Labor and Workforce Development.
HB 1288 by Representatives D. Schmidt, Romero, McMorris, Scott, Wensman, Benson, Sullivan, Santos, Doumit, D. Sommers, Dunn and Campbell
Determining candidate order on primary ballots.
Referred to Committee on State and Local Government.
SHB 1291 by House Committee on State Government (originally sponsored by Representatives D. Schmidt, McMorris, Romero, Scott, Wensman, Esser, Miloscia, Benson, D. Sommers and Dunn)
Making various changes in election laws.
Referred to Committee on State and Local Government.
SHB 1324 by House Committee on Transportation (originally sponsored by Representatives Fisher, K. Schmidt, Mitchell and Hankins) (by request of Department of Transportation)
Planning for transportation safety and security.
Referred to Committee on Transportation.
ESHB 1362 by House Committee on Judiciary (originally sponsored by Representatives Kastama, Sheahan, Lantz, Dickerson, Hurst, Edmonds, Constantine, Stensen, Lambert, Carrell, Kessler, Thomas and McIntire)
Creating the friendly parent presumption.
Referred to Committee on Judiciary.
ESHB 1471 by House Committee on Commerce and Labor (originally sponsored by Representatives Conway, Crouse, Wood, Poulsen, Kessler and Thomas)
Prohibiting deceptive telephone directory listings.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
E2SHB 1484 by House Committee on Appropriations (originally sponsored by Representatives Parlette, Cody, Alexander, Conway and Edwards)
Modifying property valuation methods for reimbursing nursing facilities.
Referred to Committee on Health and Long-Term Care.
HB 1540 by Representatives D. Schmidt and Romero
Requiring election procedures manuals.
Referred to Committee on State and Local Government.
2SHB 1546 by House Committee on Appropriations (originally sponsored by Representatives Cody, Parlette, Doumit, Ballasiotes, Conway, D. Schmidt, Dickerson, Campbell, Wolfe, Kenney, Ogden, Radcliff, Kessler, Veloria, Ruderman, Linville, Santos, Haigh, Cooper, Miloscia, Edmonds, Keiser, Lantz, Hurst, Schual-Berke, Quall, Van Luven, Rockefeller, O'Brien, Wood, Murray, Fortunato and McIntire)
Modifying provisions related to long-term care of adults.
Referred to Committee on Health and Long-Term Care.
2SHB 1574 by House Committee on Appropriations (originally sponsored by Representatives Alexander, Parlette, Cody, Radcliff, O'Brien, Schual-Berke, Reardon, Quall, Santos, Cooper, Linville, Ericksen and Hurst)
Administering atypical antipsychotic medications.
Referred to Committee on Human Services and Corrections.
HB 1599 by Representatives McMorris, Doumit, Clements, Constantine, Sheahan, Grant, G. Chandler, Linville, Rockefeller, D. Schmidt, Kessler and Schoesler
Creating an account to reimburse counties for extraordinary costs in the criminal justice system.
Referred to Committee on Ways and Means.
EHB 1613 by Representatives Barlean, Lovick, B. Chandler, Thomas and Rockefeller (by request of Department of Revenue)
Clarifying the property tax exemption statutes.
Referred to Committee on Ways and Means.
SHB 1619 by House Committee on Appropriations (originally sponsored by Representatives McDonald, Kagi, Boldt, Lovick, Tokuda, Wood, Clements, Carrell, D. Schmidt, Linville, Dickerson, O'Brien, Mielke, Kenney and Haigh)
Changing the liability insurance of foster parents.
Referred to Committee on Human Services and Corrections.
HB 1621 by Representatives Stensen, Cairnes, Reardon, Miloscia and Thomas (by request of Department of Revenue)
Authorizing the department of revenue to receive electronically filed taxpayer returns and remittances.
Referred to Committee on Energy, Technology and Telecommunications.
SHB 1623 by House Committee on Finance (originally sponsored by Representatives Haigh, Cairnes, Reardon and Thomas) (by request of Department of Revenue)
Updating the tax code by making administrative clarifications, correcting oversights, and deleting obsolete references.
Referred to Committee on Ways and Means.
SHB 1653 by House Committee on State Government (originally sponsored by Representatives Kenney, Miloscia, Romero, D. Schmidt, Clements and Wolfe) (by request of Department of General Administration)
Raising the limit on agency direct buy authority without competitive bids.
Referred to Committee on State and Local Government.
2SHB 1661 by House Committee on Appropriations (originally sponsored by Representatives Edmonds, Carlson, Kenney, Kagi, Esser, Wood, Lantz and Ogden)
Creating Washington scholars-alternates awards.
Referred to Committee on Higher Education.
SHB 1663 by House Committee on Appropriations (originally sponsored by Representatives Lambert, Constantine, McDonald, Kagi, Carrell, Edwards, Kastama and Santos)
Creating a unified family court.
Referred to Committee on Judiciary.
HB 1664 by Representatives Dickerson, Thomas and Dunshee (by request of Department of Revenue)
Preventing the use of step transactions to avoid real estate excise tax.
Referred to Committee on Ways and Means.
SHB 1668 by House Committee on Appropriations (originally sponsored by Representatives McDonald, Kagi, Boldt, Tokuda, Dickerson and Santos)
Providing foster parents with first aid/CPR and HIV/AIDS training.
Referred to Committee on Human Services and Corrections.
SHB 1673 by House Committee on State Government (originally sponsored by Representatives Lambert, O'Brien, Thomas and Sullivan)
Penalizing false political advertising.
Referred to Committee on State and Local Government.
2SHB 1674 by House Committee on Appropriations (originally sponsored by Representatives Talcott, Veloria, Carlson, DeBolt, Wensman, Rockefeller, Bush, Thomas, Clements and Romero)
Providing educational accountability for students and schools.
Referred to Committee on Education.
2SHB 1692 by House Committee on Appropriations (originally sponsored by Representatives Kagi, Tokuda, Boldt, Edmonds, Dickerson, Talcott, Kastama, Lovick, Wood, Kenney, Schual-Berke, Eickmeyer, Ogden, Santos, Mitchell, Bush and Stensen)
Providing special training for those who interview child witnesses and victims.
Referred to Committee on Judiciary.
2SHB 1729 by House Committee on Appropriations (originally sponsored by Representatives Kenney, Carlson, Lantz, Quall, Skinner, Reardon, Gombosky, Edwards, Anderson, Veloria, Edmonds, Dunn, Stensen, McIntire, Kagi, Conway, Regala, Lovick, D. Schmidt, Ogden, Keiser, Dickerson and Santos)
Creating the Washington teacher training pilot program.
Referred to Committee on Higher Education.
HB 1741 by Representatives Fortunato, Lovick and Thomas (by request of Department of Revenue)
Simplifying tax reporting by revising the active nonreporting threshold so that it parallels the small business credit.
Referred to Committee on Ways and Means.
SHB 1755 by House Committee on Natural Resources (originally sponsored by Representatives Buck, Regala, Clements, Doumit and Haigh) (by request of Department of Fish and Wildlife)
Creating the fish and wildlife equipment fund.
Referred to Committee on Natural Resources, Parks and Recreation.
HB 1766 by Representatives Romero, McMorris, D. Schmidt, Dunshee, Miloscia, Conway, Campbell, Lambert and Haigh
Requiring identification of subcontractors in bids on public works.
Referred to Committee on State and Local Government.
SHB 1848 by House Committee on Local Government (originally sponsored by Representatives Grant, Mastin and Dunn)
Clarifying the authority of port districts.
Referred to Committee on State and Local Government.
2SHB 1871 by House Committee on Appropriations (originally sponsored by Representatives Linville, Ericksen, Regala, Reardon, Buck, Cooper, Clements and G. Chandler)
Creating the salmon stamp programs.
Referred to Committee on Natural Resources, Parks and Recreation.
2SHB 1891 by House Committee on Appropriations (originally sponsored by Representatives Quall, Talcott and Rockefeller) (by request of Commission on Student Learning and Superintendent of Public Instruction Bergeson)
Changing student assessments.
Referred to Committee on Education.
EHB 1894 by Representative Conway
Correcting industrial insurance benefit errors.
Referred to Committee on Labor and Workforce Development.
SHB 1910 by House Committee on Agriculture and Ecology (originally sponsored by Representatives G. Chandler and Anderson)
Establishing logos for substances approved for use in the production, processing, and handling of organic food.
Referred to Committee on Agriculture and Rural Economic Development.
SHB 1969 by House Committee on Finance (originally sponsored by Representatives McIntire, Benson, Dunshee, Tokuda, Schual-Berke, Eickmeyer, Scott, Kenney, Dunn, Rockefeller, Conway, Poulsen, Veloria, D. Schmidt, Cody, Ruderman, O'Brien, Edmonds, Lantz, Regala, Murray, Lovick, Santos, Kagi, Haigh and Kessler)
Exempting real property that will be developed by nonprofit organizations to provide homes for the aging.
Referred to Committee on Health and Long-Term Care.
SHB 1971 by House Committee on Transportation (originally sponsored by Representatives D. Sommers, Wood, Benson, Schindler and Gombosky)
Enhancing traffic safety.
Referred to Committee on Transportation.
SHB 2053 by House Committee on Transportation (originally sponsored by Representatives Hatfield, Hankins, Scott, Skinner, Edwards, Cooper, K. Schmidt, Haigh, Mielke, Schindler, G. Chandler, McDonald, Hurst, Fortunato, Fisher, Ogden, Ruderman and Miloscia)
Allowing credit card payment of vehicle registration fees.
Referred to Committee on Transportation.
2SHB 2061 by House Committee on Appropriations (originally sponsored by Representatives Kenney, Dunn, Lantz, Veloria and Carlson)
Changing community college provisions.
Referred to Committee on Higher Education.
ESHB 2095 by House Committee on Agriculture and Ecology (originally sponsored by Representatives G. Chandler, Linville, Koster, Grant, B. Chandler, Anderson and Sump)
Regulating commercial fertilizer.
Referred to Committee on Agriculture and Rural Economic Development.
2SHB 2098 by House Committee on Appropriations (originally sponsored by Representatives G. Chandler and Linville)
Regulating designers of on-site wastewater treatment systems.
Referred to Committee on Environmental Quality and Water Resources.
ESHB 2123 by House Committee on State Government (originally sponsored by Representatives Cox, Grant, McMorris, Romero, D. Schmidt and Doumit)
Consolidating procedures for expedited rule making.
Referred to Committee on State and Local Government.
HB 2181 by Representatives Clements and G. Chandler
Storing fruits or vegetables in controlled atmosphere storage.
Referred to Committee on Agriculture and Rural Economic Development.
SHB 2210 by House Committee on Appropriations (originally sponsored by Representatives Huff, H. Sommers, Carlson and Edwards)
Declaring monthly unit valuations for certain portfolios and funds managed by the state investment board.
Referred to Committee on Ways and Means.
SHB 2234 by House Committee on Appropriations (originally sponsored by Representatives Huff, H. Sommers and Carlson)
Changing K-20 telecommunications governance.
Referred to Committee on Higher Education.
ESHB 2239 by House Committee on Transportation (originally sponsored by Representatives Buck and Wood)
Enhancing storm water control grant programs.
Referred to Committee on Transportation.
HB 2261 by Representatives Reardon, Cairnes and Santos (by request of Department of Revenue)
Clarifying the phrase "services rendered in respect to constructing" for business and occupation tax purposes.
Referred to Committee on Ways and Means.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9091, David Boerner, as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF DAVID BOERNER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Brown, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Voting nay: Senator Benton - 1.
Excused: Senators Costa, Finkbeiner, Hargrove, Horn and Oke - 5.
MOTION
On motion of Senator Betti Sheldon, Gubernatorial Appointment No. 9064, Russell D. Hauge, as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF RUSSELL D. HAUGE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Eide, Fairley, Finkbeiner, 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, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Costa and Hargrove - 2.
MOTION
At 10:18 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 11:47 a.m. by President Owen.
SECOND READING
SENATE BILL NO. 5811, by Senators Brown, Prentice and Kohl-Welles
Creating a program to advance universal telecommunications service.
MOTIONS
On motion of Senator Brown, Substitute Senate Bill No. 5811 was substituted for Senate Bill No. 5811 and the substitute bill was placed on second reading and read the second time.
Senator Rossi moved that the following amendment be adopted:
On page 1, after line 10, insert the following:
"NEW SECTION. Sec. 2. Sections 3 through 13 of this act expire five years after the date on which the first contribution is made to the universal service fund."
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 Senator Rossi on page 1, after line 10, to Substitute Senate Bill No. 5811.
The motion by Senator Rossi failed and the amendment was not adopted.
MOTION
:
Senator Brown moved that the following amendment be adopted:
On page 1, after line 10, insert the following:
"NEW SECTION. Sec. 2. Universal telephone service, which is the wide availability of basic telephone service at reasonably affordable rates, has long been the policy of the state of Washington and is essential to the economic well-being of the state. In order to comply with the 1996 federal telecommunications act, the state must modify its universal service program so as to meet the twin goals, under the federal act, of competition and reasonable rates for basic phone service. In making the transition to a more competitive telecommunications market, the legislature intends to minimize the shifting of costs among classes of customers, so that no class of customers bears a disproportionately adverse change in its share of universal service costs."
Renumber the remaining 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 Senator Brown on page 1, after line 10, to Substitute Senate Bill No. 5811.
The motion by Senator Brown carried and the amendment was adopted.
MOTION
Senator Brown moved that the following amendments be considered simultaneously and be adopted:
On page 3, line 26, after "fund." strike "Every" and insert "Not earlier than July 1, 2000, every"
On page 4, line 19, after "(1)" strike "The" and insert "Not earlier than July 1, 2000, the"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Brown on page 3, line 26, and page 4, line 19, to Substitute Senate Bill No. 5811.
The motion by Senator Brown carried and the amendments were adopted.
MOTION
Senator Finkbeiner moved that the following amendment be adopted:
On page 3, line 27, after “basis” insert “, except radio communications service companies not designated as eligible to receive support from the fund”
Debate ensued.
Senator Johnson demanded a roll call and the demand was sustained.
Further debate ensued.
The President declared the question before the Senate to the roll call on the adoption of the amendment by Senator Finkbeiner on page 3, line 27, to Substitute Senate Bill No. 5811.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 21; Nays, 28; Absent, 0; Excused, 0. Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 21.
Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 28.
MOTION
Senator Rossi moved that the following amendments be considered simultaneously and be adopted:
On page 3, line 32, after "revenue" insert "and the fund shall not exceed one hundred ten million dollars"
On page 3, line 33, after "carriers" insert "or one hundred ten million dollars"
Debate ensued.
Senator Johnson demanded a roll call and the demand was sustained.
Further debate ensued.
The President declared the question before the Senate to be the roll call on adoption of the amendments by Senator Rossi on page 3, lines 32 and 33, to Substitute Senate Bill No. 5811.
ROLL CALL
The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0. Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 22.
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.
MOTION
Senator Eide moved that the following amendment be adopted:
On page 3, after line 36, insert the following:
"(4) Any carrier that discloses on its customers' bills the effect of its contribution to the fund shall also disclose the effect, whether direct or indirect, on customers' bills of reductions in rates by eligible telecommunications carriers to offset the additional universal service support."
Renumber the remaining subsection 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 Senator Eide on page 3, after line 36, to Substitute Senate Bill No. 5811.
The motion by Senator Eide carried and the amendment was adopted on a rising vote.
MOTION
Senator Rossi moved that the following amendment be adopted:
On page 4, after line 18, insert the following:
"NEW SECTION. Sec. 7. A telecommunications carrier may not recover from any customer, group of customers or customer class more than the universal service contribution costs attributable to that customer, group of customers or customer class."
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
Senator Finkbeiner 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 Rossi on page 4, after line 18, to Substitute Senate Bill No. 5811.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0. Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 22.
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.
MOTION
Senator Rossi moved that the following amendment be adopted:
On page 4, line 18, after "made." insert "The commission shall require eligible carriers subject to rate regulation to reduce their intrastate rates by an amount equal to any new explicit universal service support received by that carrier. To the extent possible, the commission shall require each eligible carrier subject to rate regulation to reduce rates in the same amount and manner as it recovers universal service contribution costs from its customers."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Rossi on page 4, line 18, to Substitute Senate Bill No. 5811.
The motion by Senator Rossi failed and the amendment was not adopted.
MOTION
Senator McDonald moved that the following amendment be adopted:
On page 5, after line 14, strike everything through "act." on line 27.
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 Senator McDonald on page 5, after line 14, to Substitute Senate Bill No. 5811.
The motion by Senator McDonald failed and the amendment was not adopted.
MOTION
On motion of Senator Brown, the rules were suspended, Engrossed Substitute Senate Bill No. 5811 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF ORDER
Senator West: “Mr. President, I rise to a point of order. I submit that Engrossed Substitute Senate Bill No. 5811 requires a two-thirds vote under Initiative 601 and I would ask that the President rule accordingly. Regardless of what it may be called in the bill, in artful drafting, the term 'contribution'--the President must first decide whether it is a fee or whether it is a tax requiring a two-thirds vote. It obviously raises state revenues. The President, in the past, has ruled that there are two kinds of fees. Fees that are regulatory or fees that are license fees that cover the cost of administrating a regulatory program or user fees that are imposed on users--only those users of a public service or a public facility. Any other general government revenue would be a tax and I would ask the President there.
“Secondly, in arguing that 601 applies, I submit that because Engrossed Substitute Senate Bill No. 5811 is intended to benefit every person in the state of Washington--the general citizenry who use telephone service. It is anticipated that under this bill that would be everybody. It is a case of first impression that this is clearly, clearly a good budgeting practice that would be covered if the funding were available in the general fund, rather than in this dedicated mechanism.
“Given that it is a tax, in my opinion, it is a tax for the general welfare. Mr. President, I ask you to rule that it is subject to 601. To rule otherwise, will start this Senate and this Legislature down the road of manipulating the budget process to avoid Initiative 601 and subvert the will of the voters. Should this matter be taken to the courts, I would mention, Sir, that the Supreme Court has ruled 'In case of doubt, taxing statutes are construed most strongly against the government and in favor of the tax payer.' I can give you the cite for that case.
“It would seem that just as tax statutes are construed against the interest of those who wish to raise revenues--and in favor of taxpayers--Initiative 601 which was intended to protect taxpayers should be construed in every case of ambiguity in favor of taxpayers interest. So, for those forgoing reasons, Mr. President, I would ask that you would find that Engrossed Substitute Senate Bill No. 5811 does require a two-thirds vote on final passage.”
Further debate ensued.
PARLIAMENTARY INQUIRY
Senator Hargrove: “I have a point of parliamentary inquiry. It is my understanding that 601 is an Initiative of the People and not a constitutional amendment. Therefore, it can be changed by a fifty percent vote in this Legislature. If we pass a bill that changes 601 by a fifty percent vote, is that not appropriate no matter--I am not speaking to the underlying issue, whether this is a tax or not--since we are past two years?”
REPLY BY THE PRESIDENT
President Owen: “Senator Hargrove, in responding to your inquiry, your inquiry is not pertinent to this bill at this time, so the President would be hesitant in responding without further review of that question, because it is not relevant to the action on this bill at this time and to the point of order by Senator West.”
REMARKS BY SENATOR SNYDER
Senator Snyder: “Thank you, Mr. President. I think the Senator from the Third District made excellent remarks on why this is not a tax, but also in considering your ruling, I know you don't rule on constitutional matters, but I think just recently--just about a year ago--the State Supreme Court ruled that term limits was unconstitutional, because you cannot--they said that you cannot amend the Constitution with an Initiative. So 601, in my opinion, cannot amend the Constitution, because that was an Initiative--Initiative 601--amended the Constitution to require a two-thirds vote. One of these days, when we get it over to the court--we tried to earlier--and they wouldn't rule on it at the time, because they said that nobody had been hurt. One of these days, when a ruling is being made that it requires two-thirds vote because it is a tax measure, I believe the court has no choice better than to throw it out.”
REPLY BY THE PRESIDENT
President Owen: “The President is allowing significant discretion here in allowing people to debate the two sides of this, but I do think it is appropriate that we allow one more on Senator West's side. Senator McDonald, did you wish to contribute to that?”
REMARKS BY SENATOR McDONALD
Senator McDonald: “Yes, I do, Mr. President. I think your ruling about this not being a debate on Initiative 601 was very relevant, but I don't want to talk about that. I wanted to bring your attention, Mr. President, to the fact that the Senator from the Third District said that this was a uniform cost of doing business. That is almost exactly--that is exactly what a tax is--uniformly applied in the cost of doing business. This is a tax and this is not a contribution. I would ask that you rule that way.”
MOTION
On motion of Senator Betti Sheldon, further consideration of Engrossed Substitute Senate Bill No. 5811 was deferred.
MOTION
At 12:43 p.m., Senator Betti Sheldon moved that the Senate recess until 1:45 p.m.
POINT OF ORDER
Senator West: “A point of order, Mr. President. I understand that the Senate Rules require a ninety minute lunch break and the good Senator from the Twenty-third District has only offered us a sixty minute break and I would request that that motion be out of order, Sir, without changing the rules, so I would request that we get our ninety minute break as provided in the rules.”
RULING BY THE PRESIDENT
President Owen: “Senator West is correct. Without suspending the rules, the motion would not be appropriate.”
MOTION
Senator Snyder moved that Rule 15 be suspended for the remainder of the day.
EDITOR'S NOTE: Senate Rule 15 states, 'The Senate shall recess ninety minutes for lunch each working day.'
MOTION
Senator Johnson moved that the motion by Senator Snyder to suspend Rule 15 be tabled.
The President declared the question before the Senate to be the motion by Senator Johnson to table the motion by Senator Snyder to suspend Rule 15.
The motion by Senator Johnson failed and Rule 15 is suspended for the remainder of the day.
At 12:45 p.m., the Senate recessed until 1:45 p.m.
The Senate was called to order at 1:46 p.m. by President Owen.
` There being no objection, the President returned the Senate to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9049, Judy Yu, as a member of the Board of Trustees for Central Washington University, was confirmed.
APPOINTMENT OF JUDY YU
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 6; 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, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Wojahn - 41.
Absent: Senators Finkbeiner, McAuliffe, McDonald, Sellar, West and Winsley - 6.
Excused: Senators McCaslin and Zarelli - 2.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced Dave Irwin, who was seated on the rostrum. Mr Irwin is the past president of the Washington Friends of Higher Education and the 1999 recipient of the Henry Paley Memorial Award which recognizes individuals who embody unfailing service toward the students and faculty of independent higher education. The President thanked Mr. Irwin for giving independent higher education more that thirty years of distinguished service and inspired leadership before retiring in 1998.
Senators Thibaudeau, Heavey, Wojahn and Kohl-Welles congratulated Dave Irwin on his outstanding award.
There being no objection, the President advanced the Senate to the seventh order of business.
There being no objection, the Senate resumed consideration of Engrossed Substitute Senate Bill No. 5811, deferred on third reading earlier today.
RULING BY THE PRESIDENT
President Owen: “In ruling on the point of order raised by Senator West regarding the number of votes needed to pass Engrossed Substitute Senate Bill No. 5811, Senator West is correct in that the President’s previous rulings have taken a two step approach in analyzing whether a measure constitutes an action by the Legislature that 'raises state revenues or requires revenue neutral tax shifts' under Initiative 601.
“First, the President asks whether the measure is a fee, which is not subject to a two-thirds vote, or a tax, which may be subject to a two-thirds vote. The President has defined two kinds of fees: 'regulatory' or 'license' fees that cover the cost of administering a regulatory program; and 'user' fees that are imposed only on users of a public service or facility. The stated purpose of the charge upon telecommunications carriers under Engrossed Substitute Senate Bill No. 5811 is as follows: '[to] benefit all telecommunications ratepayers in the state by ensuring that there exists a modern telecommunications network to which all citizens and business have reasonable access.' The charge upon telecommunications carriers under Engrossed Substitute Senate Bill No. 5811 is neither a license fee or a user fee, and is properly characterized as a tax.
“Second, the President asks whether the fund is a dedicated fund. Initiative 601 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.
“The President finds that the tax collected under Engrossed Substitute Senate Bill No. 5811 would be placed into a dedicated account for the sole and specific purpose of funding universal telephone service. The account is expressly not part of the state treasury nor is the account subject to appropriation.
“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 Engrossed Substitute Senate Bill No. 5811 requires a simple majority vote.
“The President would like to comment on Senator West’s remarks that this ruling may subject the budget process--in Senator West’s words--to 'manipulation.' The President is bound to interpret the language of Initiative 601 to the extent that the drafters of Initiative 601 left a perceived loophole. It is for the Legislature to mend if it so desires, not the President.”
Engrossed Substitute Senate Bill No. 5811 will take a simple majority vote on final passage.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5811.
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. 5811.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5811 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 14; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Honeyford, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Morton, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Winsley and Wojahn - 32.
Voting nay: Senators Benton, Finkbeiner, Hale, Hochstatter, Horn, Johnson, McCaslin, McDonald, Oke, Roach, Rossi, Sellar, Stevens and West - 14.
Excused: Senators Deccio, Thibaudeau and Zarelli - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5811, 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.
STATEMENT FOR THE JOURNAL
I desire to explain my vote on final passage of Engrossed Substitute Senate Bill No. 5811 for inclusion in the Senate Journal. I meant to vote in favor of the measure today and inadvertently voted against it. I stood to be recognized in order to change my vote. The President acknowledged his failure to see me standing. Consequently, he announced the vote on the measure before I had an opportunity to change my vote.
SENATOR PAT HALE, 8th District
SECOND READING
SENATE BILL NO. 5268, by Senators Kohl-Welles, Long, Jacobsen, Hale, Gardner, Rossi, Thibaudeau, Prentice, Kline, Deccio, Costa, Patterson and B. Sheldon
Modifying provisions concerning metropolitan park districts.
MOTIONS
On motion of Senator Kohl-Welles, Substitute Senate Bill No. 5268 was substituted for Senate Bill No. 5268 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kohl-Welles, the following striking amendment by Senators Kohl-Welles, Franklin, Kline, Patterson and Hale was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 35.61 RCW to read as follows:
The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.
(1) "City" means both cities and towns, including code cities.
(2) "Ex officio board of park commissioners" means the board of park commissioners of a metropolitan park district, only including a city with a population of five hundred thousand or more within its boundaries, that is composed of only the members of a city legislative authority (including the elected mayor, if any, acting in the mayor's ordinary legislative capacity) acting ex officio and independently as provided under RCW 35.61.050(2).
(3) "Separately elected board of park commissioners" means a board of park commissioners of a metropolitan park district that is composed of five separately elected commissioners as provided under RCW 35.61.050(1) and 35.61.120(1).
(4) "Land or lands" refers to land, water, or air, or any of the rights therein or improvements thereon.
Sec. 2. RCW 35.61.020 and 1965 c 7 s 35.61.020 are each amended to read as follows:
(1) A ballot proposition authorizing the creation of a metropolitan park district shall be submitted by ordinance to the voters of a city with a population of at least five thousand at any general election, or at any special election which may be called for that purpose, ((or at any city election held in the city in all of the various voting precincts thereof, the city council or commission may,)) if the legislative authority of the city enacts such an ordinance after adopting a resolution proposing creation of a metropolitan park district or ((on)) if a petition ((of)) proposing creation of a metropolitan park district is submitted to the county auditor that has been signed by at least fifteen percent of the ((qualified electors of the)) registered voters residing in the city ((based upon the registration for the last preceding general city election, shall by ordinance, submit to the voters of the city the proposition of creating a metropolitan park district, the limits of which shall be)).
(2) If city voters approve the ballot proposition by a simple majority vote, a metropolitan park district shall be created that is coextensive with the limits of the city as now or hereafter established, inclusive of territory annexed to and forming a part of the city.
(3) Territory by virtue of its annexation to any city having heretofore created a park district shall be deemed to be ((within the limits of)) annexed to the metropolitan park district.
((The city council or commission shall submit the proposition at a special election to be called therefor when the petition so requests.))
Sec. 3. RCW 35.61.030 and 1985 c 469 s 32 are each amended to read as follows:
(1) In submitting the question to the voters for their approval or rejection, the city council or commission shall pass an ordinance declaring its intention to submit the proposition of creating a metropolitan park district to the qualified voters of the city. The ordinance shall be published once a week for two consecutive weeks in the official newspaper of the city((, and the city council or commission shall cause to be placed upon the ballot for the election, at the proper place, the)). The proposition shall appear on the ballot of the next general municipal election unless the city legislative authority by ordinance submits it at an earlier special election.
(2) The legislative authority of a city placing on the ballot a proposition ((which)) authorizing the creation of a metropolitan park district shall ((be expressed in)), in the ordinance submitting the question to the voters, choose and describe the composition of the initial metropolitan park district commission that is proposed under RCW 35.61.050. The proposition shall include the following terms:
□ "For the formation of a metropolitan park district."
□ "Against the formation of a metropolitan park district."
Sec. 4. RCW 35.61.050 and 1994 c 223 s 23 are each amended to read as follows:
(1) Except as provided under subsection (2) of this section, five park commissioners shall be elected at large as the metropolitan members of the board of park commissioners for the metropolitan park district at the same election at which the ballot proposition is submitted to the voters as to whether a metropolitan park district is to be formed((, five park commissioners shall be elected)). The election of metropolitan park commissioners shall be null and void if the metropolitan park district is not created. Candidates shall run for specific commission positions. ((No)) A primary shall not be held to nominate candidates. The person receiving the greatest number of votes for each position shall be elected as a metropolitan park commissioner. The staggering of the terms of office shall occur as follows: (((1))) (a) The two persons who are elected receiving the two greatest numbers of votes shall be elected to six-year terms of office if the election is held in an odd-numbered year or five-year terms of office if the election is held in an even-numbered year; (((2))) (b) the two persons who are elected receiving the next two greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year or three-year terms of office if the election is held in an even-numbered year; and (((3))) (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year.
The initial metropolitan park commissioners shall take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January in the year after they are elected. Thereafter, all commissioners shall be elected to six-year terms of office at general elections held in odd-numbered years.
All commissioners shall serve until their respective successors are elected and qualified and assume office in accordance with RCW 29.04.170. Vacancies shall occur and shall be filled as provided in chapter 42.12 RCW.
(2) The ballot proposition creating a new metropolitan park district that only consists of a city with a population of five hundred thousand or more may provide for the city's legislative authority (including the elected mayor, if any, acting in the mayor's ordinary legislative capacity) to act in an ex officio and independent capacity as the board of commissioners for the metropolitan park district. An election shall not be held to elect the initial metropolitan park district commissioners if such an option is taken.
Sec. 5. RCW 35.61.120 and 1965 c 7 s 35.61.120 are each amended to read as follows:
(1) The officers of a metropolitan park district shall be a board of park commissioners consisting of five members unless the board is composed as permitted under RCW 35.61.050(2). The board shall annually elect one of their number as president and another of their number as clerk of the board. The composition of a board under this subsection that was created before January 1, 1999, may not be altered once the metropolitan park district has been created.
(2) The composition of a board of metropolitan park district commissioners established as permitted under RCW 35.61.050(2) may be altered to a separately elected board of park commissioners once the metropolitan park district has been created only by a majority vote of the voters in the district, and then only if the potential for such an alteration was stated in the resolution or petition to create the district.
Sec. 6. RCW 35.61.130 and 1969 c 54 s 1 are each amended to read as follows:
(1) A metropolitan park district has the right of eminent domain, and may purchase, acquire and condemn lands lying within or without the boundaries of ((said)) the park district, for public parks, parkways, boulevards, aviation landings and playgrounds, and may condemn such lands for any of the following purposes: (a) To widen, alter, and extend streets, avenues, boulevards, parkways, aviation landings and playgrounds((,)); (b) to alter, enlarge, and extend existing parks((,)); and (c) to acquire lands for the establishment of new parks, boulevards, parkways, aviation landings and playgrounds.
(2) The right of eminent domain shall be exercised and instituted pursuant to resolution of the board of metropolitan park commissioners and conducted in the same manner and under the same procedure as is or may be provided by law for the exercise of the power of eminent domain by ((incorporated)) cities ((and towns)) of the state of Washington in the acquisition of property rights((: PROVIDED,)). However, funds to pay for condemnation allowed by this section shall be raised only as specified in this chapter.
(3) The board of metropolitan park commissioners ((shall have power to)) may employ counsel((,)) and ((to)) regulate, manage, and control the parks, parkways, boulevards, streets, avenues, aviation landings and playgrounds under its control((, and to)).
(4) The board of metropolitan park commissioners may provide ((for park policemen,)) for a secretary of the board of metropolitan park commissioners, and for all necessary employees, ((to)) and fix their salaries and duties. In a metropolitan park district governed under RCW 35.61.050(2), the city's mayor shall serve ex officio as the chief executive officer of the metropolitan park district unless otherwise provided by the board of metropolitan park district commissioners.
(5) The board of metropolitan park commissioners ((shall have power to)) may improve, acquire, extend and maintain, open, and lay out((,)) parks, parkways, boulevards, avenues, aviation landings and playgrounds, within or without the metropolitan park district((, and to)).
(6) The board of metropolitan park commissioners may authorize, conduct, and manage the letting of boats, or other amusement apparatus, the operation of bath houses, the purchase and sale of foodstuffs or other merchandise, the giving of vocal or instrumental concerts or other entertainments, the establishment and maintenance of aviation landings and playgrounds, and the provision, establishment, operation, maintenance, and improvement of recreational facilities all on property owned by itself or others.
(7) The board of metropolitan park commissioners may provide generally for the management and conduct of such forms of recreation or business as it shall judge desirable or beneficial for the public, or for the production of revenue for expenditure for parks and recreation purposes((; and)).
(8) The board of metropolitan park commissioners may pay out moneys for: (a) The maintenance and improvement of any such parks, parkways, boulevards, avenues, aviation landings and playgrounds as now exist, or the right to which may hereafter be acquired, within or without the limits of ((said city and for)) the metropolitan park district; (b) the purchase of lands within or without the limits of ((said city)) the metropolitan park district, whenever it deems the purchase to be for the benefit of the public and for the interest of the metropolitan park district, and for the maintenance and improvement thereof; and ((for)) (c) all expenses incidental to its duties((: PROVIDED, That)). However, all parks, boulevards, parkways, aviation landings and playgrounds shall be subject to the police regulations of the city or county within whose limits they lie.
(9) The board of metropolitan park commissioners may, if and to the extent provided by section 13 of this act, contract with any entity, public or private, including the city whose voters created the district, for all or any part of its staffing, operations, and services.
Sec. 7. RCW 35.61.132 and 1989 c 319 s 4 are each amended to read as follows:
(1) An ex officio board of metropolitan park district commissioners is authorized, by unanimous board decision and with the approval of the legislative authority of the city within which it is located, to convey any or all of its real or personal property to that city.
(2) Except as set forth in subsection (3) of this section, every metropolitan park district may, by unanimous decision of its board of park commissioners, sell, exchange, or otherwise dispose of any real or personal property acquired for park or recreational purposes when such property is declared surplus for park or other recreational purposes: PROVIDED, That where the property is acquired by donation or dedication for park or recreational purposes, the consent of the donor or dedicator, his or her heirs, successors, or assigns is first obtained if the consent of the donor is required in the instrument conveying the property to the metropolitan park district. In the event the donor or dedicator, his or her heirs, successors, or assigns cannot be located after a reasonable search, the metropolitan park district may petition the superior court in the county where the property is located for approval of the sale. If sold, all sales shall be by public bids and sale made only to the highest and best bidder.
(3) In addition to the conditions contained in subsection (2) of this section, a metropolitan park district with an ex officio board of park commissioners shall not declare surplus its real property acquired for park or recreational purposes without first having offered to donate that property to the city within which it is located.
Sec. 8. RCW 35.61.150 and 1998 c 121 s 1 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, metropolitan park commissioners shall perform their duties and may provide, by resolution passed by the commissioners, for the payment of compensation to each of its commissioners at a rate of up to seventy dollars for each day or portion of a day devoted to the business of the district. However, the compensation for each commissioner must not exceed six thousand seven hundred twenty dollars per year. Any commissioner may waive all or any portion of his or her compensation payable under this subsection as to any month or months during his or her term of office, by a written waiver filed with the clerk of the board. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.
(2) Metropolitan park commissioners who serve in an ex officio capacity shall perform their duties as park commissioners without additional compensation. However, the city treasurer may not charge a greater amount for treasury services than permitted the county treasurer for similar services under RCW 36.29.020.
Sec. 9. RCW 35.61.180 and 1987 c 203 s 1 are each amended to read as follows:
((The county treasurer of the county within which all, or the major portion, of the district lies shall be the ex officio treasurer of a metropolitan park district, but shall receive no compensation other than his or her regular salary for receiving and disbursing the funds of a metropolitan park district.)) (1) The treasurer of a metropolitan park district shall be the city treasurer of the most populated city included in the district's boundaries. The city treasurer, when acting as the treasurer of a metropolitan park district, shall receive no compensation other than his or her regular salary for acting as the treasurer of the metropolitan park district.
(2) Notwithstanding the provisions of subsection (1) of this section, a metropolitan park district may designate someone other than the ((county)) city treasurer who has experience in financial or fiscal affairs to act as the district treasurer if the board has received the approval of the ((county)) city treasurer to designate this person. If the board designates someone other than the ((county)) city treasurer to act as the district treasurer, the board shall purchase a bond from a surety company operating in the state that is sufficient to protect the district from loss. A district treasurer so designated shall possess all powers relating to the metropolitan park district that are possessed by the city treasurer, other than the authority to collect property taxes.
(3) Notwithstanding RCW 35.61.210, general taxes of the metropolitan park district shall be distributed to the treasurer of the metropolitan park district by the county treasurer as is done for cities.
Sec. 10. RCW 35.61.200 and 1983 c 167 s 56 are each amended to read as follows:
Any coupons for the payment of interest on metropolitan park district bonds shall be considered for all purposes as warrants drawn upon the metropolitan park district fund against which the bonds were issued, and when presented after maturity to the treasurer of the ((county having custody of the fund)) metropolitan park district. If there are no funds in the treasury to pay the coupons, the ((county)) metropolitan park district treasurer shall endorse ((said)) the coupons as presented for payment, in the same manner as county warrants are endorsed, and thereafter the coupon shall bear interest at the same rate as the bond to which it was attached. If there are no funds in the treasury to make payment on a bond not having coupons, the interest payment shall continue bearing interest at the bond rate until it is paid, unless otherwise provided in the proceedings authorizing the sale of the bonds.
Sec. 11. RCW 35.61.250 and 1985 c 416 s 4 are each amended to read as follows:
(1) The territory adjoining a metropolitan park district with a separately elected board of park commissioners may be annexed to and become a part ((thereof upon)) of the metropolitan park district under a petition and ((an)) election ((held pursuant thereto)) method of annexation. The petition shall define the territory proposed to be annexed and must be signed by twenty-five registered voters, resident within the territory proposed to be annexed, unless the territory is within the limits of another city when it must be signed by twenty percent of the registered voters residing within the territory proposed to be annexed. The petition must be addressed to the board of park commissioners requesting that the question be submitted to the legal voters of the territory proposed to be annexed, whether they will be annexed and become a part of the metropolitan park district.
(2) A metropolitan park district with an ex officio board of park commissioners as provided under RCW 35.61.050(2) may not annex territory under the provisions of RCW 35.61.250 through 35.61.280 and shall maintain boundaries identical with those of the city in which it is located, including any territory annexed by the city.
Sec. 12. RCW 35.61.290 and 1985 c 416 s 5 are each amended to read as follows:
(1)(a) Except as set forth in (b) of this subsection, any city within or comprising any metropolitan park district may turn over to the park district any lands, facilities, equipment, or interests in any lands, facilities, or equipment which it may own, or any street, avenue, or public place within the city for playground, park or parkway purposes, and thereafter its control and management shall vest in the board of metropolitan park commissioners((: PROVIDED, That)). However, the police regulations of ((such)) the city, or the county should the premises be outside the city limits, shall apply to all such premises.
(b) A metropolitan park district created with an ex officio board of park commissioners shall never become the owner of a park that, at the time of creation of the district, was owned by the city in which the metropolitan park district was created. Additionally, the legislative authority of a city in which a metropolitan park district with an ex officio board of park commissioners is created may contract with that district for overall management and operation of any city parks and recreation facilities or lease any city parks and recreation facilities to that district only after the city legislative authority holds a public hearing on the proposed lease or proposed management and operation by the metropolitan park district. At least ten days prior to the hearing, there shall be published a public notice setting forth the date, time, and place of the hearing, at least once in a local newspaper of general circulation. Notice of the hearing shall also be mailed or otherwise delivered to all who would be entitled to notice of a special meeting of the city legislative authority under RCW 42.30.080. The notice shall identify the parks and recreation facilities involved. The terms and conditions under which the city proposes to lease to the metropolitan park district or contract with the metropolitan park district for management and operation shall be available upon request from and after the date of publication of the hearing notice and at the hearing, but after the public hearing the city legislative authority may amend the proposed terms and conditions at open public meetings.
(2) At any time that any such metropolitan park district is unable, through lack of sufficient funds, to provide for the continuous operation, maintenance, and improvement of the parks and playgrounds and other properties or facilities owned by it or under its control, and the legislative body of any city within or comprising such metropolitan park district shall determine that an emergency exists requiring the financial aid of such city to be extended in order to provide for such continuous operation, maintenance, and/or improvement of parks, playgrounds facilities, other properties, and programs of such park district within its limits, ((such)) the city may grant or loan to ((such)) the metropolitan park district such of its available funds, or such funds which it may lawfully procure and make available, as it shall find necessary to provide for such continuous operation and maintenance and, pursuant thereto, any ((such)) city and the board of park commissioners of ((such)) the metropolitan park district are authorized and empowered to enter into an agreement embodying such terms and conditions of any such grant or loan as may be mutually agreed upon.
(3) The board of metropolitan park commissioners may accept public streets of the city and grounds for public purposes when donated for park, playground, boulevard and park purposes.
(((2))) (4) Counties may turn over to ((the)) a metropolitan park district any park and recreation lands and parks and recreation facilities and equipment or interests in any lands, facilities, or equipment that they own, and the board of metropolitan park commissioners may accept such lands and equipment or interests in any lands, facilities, or equipment.
NEW SECTION. Sec. 13. A new section is added to chapter 35.61 RCW to read as follows:
(1) A metropolitan park district governed under RCW 35.61.050(2) may contract with a nonprofit corporation or other public or private organization, including the city whose voters created the district, to manage or carry out any of its operations, except that no for-profit entity may have a contract for the overall management and operation of any parks and recreation facilities. No such contract for the overall management and operation of any park and recreation facility shall have an initial term or any renewal term longer than thirty years but may be renewed by the ex officio board of park commissioners upon the expiration of an initial or any renewal term. A metropolitan park district governed under RCW 35.61.050(2) may, however, grant and may authorize the managing and operating entity to grant to any nonprofit corporation or other public or private organization franchises or concessions that further the public use and enjoyment of parks and recreation facilities.
(2) Before approving each initial and any renewal contract with a nonprofit corporation for the overall management and operation of any parks and recreation facilities, the ex officio board of metropolitan park commissioners shall hold a public hearing on the proposed management and operation by such a nonprofit corporation. At least ten days prior to the hearing, there shall be published a public notice setting forth the date, time, and place of the hearing, at least once in a local newspaper of general circulation. Notice of the hearing shall also be mailed or otherwise delivered to all who would be entitled to notice of a special meeting of the board under RCW 42.30.080. The notice shall identify the parks and recreation facilities involved and the nonprofit corporation proposed for management and operation under contract with the metropolitan park district. The terms and conditions under which the metropolitan park district proposes to contract with the nonprofit corporation for management and operation shall be available upon request from and after the date of publication of the hearing notice and at the hearing, but after the public hearing the board of metropolitan park commissioners may amend the proposed terms and conditions at open public meetings.
(3) A metropolitan park district governed under RCW 35.61.050(2) shall contract with the city whose voters created the district to carry out all of the metropolitan park district's management and operations except for the management and operation of parks and recreation facilities for which the metropolitan park district has a contract with another public agency or a nonprofit corporation under subsection (1) or (2) of this section. The contract with the city may provide for its termination if the metropolitan park district commissioners approve a contract with another entity under subsection (1) or (2) of this section.
(4) The nonprofit corporation or other public organization with responsibility for overall management or operation of any parks and recreation facilities may in carrying out that responsibility manage and supervise employees of the metropolitan park district governed under RCW 35.61.050(2) and may hire, fire, and otherwise discipline those employees. A civil service established under RCW 35.61.140 may include such management and supervision by persons not employed by the metropolitan park district.
NEW SECTION. Sec. 14. A new section is added to chapter 35.61 RCW to read as follows:
(1) Notwithstanding any provisions to the contrary contained in a city charter, and to the extent provided by the city under an appropriate legislative enactment, some or all employees of a metropolitan park district with an ex officio board of park commissioners may be included in the retirement plan of a city that shares territory with the metropolitan park district if they were previously employed by the city and were members of its retirement plan. The city and metropolitan park district are each authorized to pay the parts of the expense of operating and maintaining the retirement system and to contribute to the retirement fund on behalf of employees those sums as may be agreed upon between the legislative authorities of the city and the metropolitan park district, but a proportionate share of system expenses must be borne by or on behalf of the metropolitan park district employees.
(2) In a metropolitan park district with an ex officio board of park commissioners, neither the chief executive officer nor officers chiefly responsible for operating a facility or program, as designated by the board of metropolitan park commissioners, shall be members of the civil service that may be established under RCW 35.61.140.
Sec. 15. RCW 84.52.010 and 1995 2nd sp.s. c 13 s 4 are each amended to read as follows:
Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts.
The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.
When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:
(1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010. If, as a result of the levies imposed under RCW 84.52.069, 84.34.230, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, and 84.52.105, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies shall be reduced as follows: (a) The portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; (b) if the combined rate of regular property tax levies subject to the one percent limitation in a county containing a metropolitan park district governed under RCW 35.61.050(2) still exceeds one percent of the true and fair value of any property, then the remaining levy for that metropolitan park district shall be reduced until the combined rate no longer exceeds one percent or shall be eliminated; (c) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; and (((c))) (d) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated.
(2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:
(a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, and 67.38.130 shall be reduced on a pro rata basis or eliminated;
(b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated;
(c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated;
(d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 shall be reduced on a pro rata basis or eliminated; and
(e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, library districts, metropolitan park districts under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated.
In determining whether the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.050, exceeds the limitations provided in that section, the assessor shall use the hypothetical state levy, as apportioned to the county under RCW 84.48.080, that was computed under RCW 84.48.080 without regard to the reduction under RCW 84.55.012.
NEW SECTION. Sec. 16. A new section is added to chapter 35.61 RCW to read as follows:
Notwithstanding any other provision of this chapter, but without eliminating or overriding the requirements for unanimous board action and consent under RCW 35.61.132, the voters of a metropolitan park district governed under RCW 35.61.050(2) have the power to initiate and refer to themselves legislation to prevent or authorize the disposition of specified real property of the district. The powers of initiative and referendum within this subject area shall be exercised in the same manner and with the same effect as permitted for the voters of the city with which the metropolitan park district shares its boundaries.
NEW SECTION. Sec. 17. A new section is added to chapter 35.61 RCW to read as follows:
Notwithstanding any other provision of this chapter, but without eliminating or overriding the requirements for unanimous board action and consent contained in RCW 35.61.132 for the disposition of property, the voters of a metropolitan park district governed under RCW 35.61.050(2) shall have the power, within the scope of the functions of such a metropolitan park district, to initiate and refer to themselves legislation to the same extent and on the same matters as do the voters of the city with which the metropolitan park district shares its boundaries. These powers of initiative and referendum shall be exercised in the same manner and with the same effect as permitted for the voters of that city.
"MOTIONS
On motion of Senator Kohl-Welles, the following title amendment was adopted:
On page 1, line 1 of the title, after "districts;" strike the remainder of the title and insert "amending RCW 35.61.020, 35.61.030, 35.61.050, 35.61.120, 35.61.130, 35.61.132, 35.61.150, 35.61.180, 35.61.200, 35.61.250, 35.61.290, and 84.52.010; and adding new sections to chapter 35.61 RCW."
On motion of Senator Kohl-Welles, the rules were suspended, Engrossed Substitute Senate Bill No. 5268 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5268.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5268 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 1; Excused, 0.
Voting yea: Senators Bauer, Costa, Deccio, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 32.
Voting nay: Senators Benton, Brown, Fairley, Hargrove, Heavey, Hochstatter, Honeyford, Horn, McAuliffe, McCaslin, Roach, Sellar, Sheahan, Sheldon, T., Stevens and Zarelli - 16.
Absent: Senator Eide - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5268, 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 Deccio, Senator Hale was excused.
SECOND READING
SENATE BILL NO. 5957, by Senators Johnson, B. Sheldon, McDonald, Hale, Deccio, Costa, Wojahn and Roach
Requiring country of origin labeling for bulk fruits and vegetables for retail sale.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 5957 was substituted for Senate Bill No. 5957 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Rasmussen, the following amendments by Senators Rasmussen, Johnson and Stevens were considered simultaneously and were adopted:
On page 2, line 2, delete "thirteen" and insert "fourteen"
On page 2, line 31, after "senate;" insert:
"(k) A representative of food manufacturers, appointed by agreement of the co-speakers of the house of representatives and the president of the senate;"
Renumber the subsections consecutively and correct any internal references accordingly.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Engrossed Substitute Senate Bill No. 5957 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5957.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5957 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Excused: Senator Hale - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5957, 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 Deccio, Senator McCaslin was excused.
SECOND READING
SENATE BILL NO. 5631, by Senators Wojahn, Winsley, Fairley and Costa
Increasing the amount of allowable vocational rehabilitation benefits.
The bill was read the second time.
MOTIONS
On motion of Senator Fairley, the following Committee on Labor and Workforce Development amendments were considered simultaneously and were adopted:
On page 2, line 26, after "equipment," strike all material through "care,))" and insert "((transportation,)) child or dependent care,"
On page 2, beginning on line 29, after "transportation" strike all material through "care, on line 30"
On motion of Senator Fairley, the rules were suspended, Engrossed Senate Bill No. 5631 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. 5631.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5631 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Hale and McCaslin - 2.
ENGROSSED SENATE BILL NO. 5631, 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. 5703, by Senator Hargrove
Allowing for the use of funds to dredge marine recreation land.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5703 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. 5703.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5703 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Voting nay: Senator Fraser - 1.
Absent: Senator Brown - 1.
Excused: Senators Hale and McCaslin - 2.
SENATE BILL NO. 5703, 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. 5613, by Senators Jacobsen and Fraser
Identifying a state-wide salmon recovery strategy.
The bill was read the second time.
MOTION
Senator Morton moved that the following amendment by Senators Morton, Swecker and Honeyford be adopted:
On page 3, line 25, after "which" strike "build upon a foundation of clear, enforceable standards" and insert "rely on the existing statutory enforcement structure"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Morton, Swecker and Honeyford on page 3, line 25, to Senate Bill No. 5613.
The motion by Senator Morton carried and the amendment was adopted.
MOTION
Senator Morton moved that the following amendment by Senators Morton, Swecker and Honeyford be adopted:On page 3, line 37, after "working," strike "require" and insert "recommend"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Morton, Swecker and Honeyford on page 3, line 37, to Senate Bill No. 5613.
The motion by Senator Morton carried and the amendment was adopted.
MOTION
Senator Morton moved that the following amendment by Senators Morton, Swecker and Honeyford be adopted:
On page 4, line 1, after "management, and" strike "establish" and insert "recommend to the legislature"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Morton, Swecker and Honeyford on page 4, line 1, to Senate Bill No. 5613.
The motion by Senator Morton carried and the amendment was adopted.
MOTION
Senator Honeyford moved that the following amendment by Senators Honeyford and Jacobsen be adopted:
On page 4, after line 18, insert the following:
"Sec. 4. RCW 75.46.080 and 1998 c 246 s 9 are each amended to read as follows:
(1) Representatives from the conservation commission, the department of transportation, and the department of fish and wildlife shall establish an interagency review team. Except as provided in subsection (6) of this section, habitat restoration project lists shall be submitted to the interagency review team by January 1st and July 1st of each year beginning in 1999.
(2) If no lead entity has been formed under RCW 75.46.060, the interagency review team shall rank, prioritize, and dispense funds for habitat restoration projects by giving preference to the projects that:
(a) Provide a greater benefit to salmon recovery;
(b) Will be implemented in a more critical area;
(c) Are the most cost-effective;
(d) Have the greatest matched, or in-kind funding; and
(e) Will be implemented by a sponsor with a successful record of project implementation.
(3) If a lead entity established under RCW 75.46.060 has been formed, the interagency review team shall evaluate project lists and may remove, but not add, projects from a habitat project list.
(4) The interagency review team shall provide a summary of funding for habitat restoration project lists to the governor and to the legislature by December 1st of each year.
(5) The interagency review team may annually establish a maximum amount of funding available for any individual project, subject to available funding. The interagency review team shall attempt to assure a geographical balance in assigning priorities to projects.
(6) For fiscal year 1998, the department of fish and wildlife, the conservation commission, and the department of transportation may authorize, subject to appropriations, expenditures for projects that have been developed to restore salmon habitat before completion of the project lists required in RCW 75.46.060(2).
(7) Where a lead entity has been established pursuant to RCW 75.46.060, the interagency review team may provide block grants to the lead entity, subject to available funding.
(8) Prior to finalizing funding decisions under the provisions of this section, the interagency review team shall consult with interests representing irrigated and non-irrigated agriculture, sport and commercial fishing interests, large and small scale timber interests, conservation districts, and county and city governmental interests."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Honeyford and Jacobsen on page 4, line 18, to Senate Bill No. 5613.
The motion by Senator Honeyford carried and the amendment was adopted.
MOTION
Senator Swecker moved that the following amendment by Senators Swecker and Jacobsen be adopted:
On page 4, after line 18, insert the following:
"Sec. 4. RCW 75.46.060 and 1998 c 246 s 7 are each amended to read as follows:
(1)(a) Counties, cities, and tribal governments must jointly designate, by official resolution, the area for which a habitat restoration project list is to be developed and the lead entity that is to be responsible for submitting the habitat restoration project list. No project included on a habitat restoration project list shall be considered mandatory in nature and no private landowner may be forced or coerced into participation in any respect. The lead entity may be a county, city, conservation district, special district, tribal government, or other entity.
(b) The lead entity shall establish a committee that consists of representative interests of counties, cities, conservation districts, tribes, environmental groups, business interests, landowners, citizens, volunteer groups, regional fish enhancement groups, and other restoration interests. The purpose of the committee is to provide a citizen-based evaluation of the projects proposed to promote salmon habitat restoration. The interagency review team may provide the lead entity with organizational models that may be used in establishing the committees.
(c) The committee shall compile a list of habitat restoration projects, establish priorities for individual projects, define the sequence for project implementation, and submit these activities as the habitat restoration project list. The committee shall also identify potential federal, state, local, and private funding sources.
(d) Projects that include use of side channels, off-stream rearing enhancement, improvement in over-wintering habitat, or use of acclimation ponds shall receive consideration for funding.
(2) The area covered by the habitat project list must be based, at a minimum, on a WRIA, combination of WRIAs, an evolutionarily significant unit, or any other area as agreed to by the counties, cities, and tribes meeting the requirements of this subsection. Preference will be given to projects in an area that contain a salmon species that is listed or proposed for listing under the federal endangered species act.
Sec. 5. RCW 75.46.080 and 1998 c 246 s 9 are each amended to read as follows:
(1) Representatives from the conservation commission, the department of transportation, and the department of fish and wildlife shall establish an interagency review team. Except as provided in subsection (((6))) (7) of this section, habitat restoration project lists shall be submitted to the interagency review team by January 1st and July 1st of each year beginning in 1999.
(2) If no lead entity has been formed under RCW 75.46.060, the interagency review team shall rank, prioritize, and dispense funds for habitat restoration projects by giving preference to the projects that:
(a) Provide a greater benefit to salmon recovery;
(b) Will be implemented in a more critical area;
(c) Are the most cost-effective;
(d) Have the greatest matched, or in-kind funding; and
(e) Will be implemented by a sponsor with a successful record of project implementation.
(3) Projects that include use of side channels, off-stream rearing enhancement, improvement in over-wintering habitat, or use of acclimation ponds shall receive consideration for funding under the provisions of this section.
(4) If a lead entity established under RCW 75.46.060 has been formed, the interagency review team shall evaluate project lists and may remove, but not add, projects from a habitat project list.
(((4))) (5) The interagency review team shall provide a summary of funding for habitat restoration project lists to the governor and to the legislature by December 1st of each year.
(((5))) (6) The interagency review team may annually establish a maximum amount of funding available for any individual project, subject to available funding. The interagency review team shall attempt to assure a geographical balance in assigning priorities to projects.
(((6))) (7) For fiscal year 1998, the department of fish and wildlife, the conservation commission, and the department of transportation may authorize, subject to appropriations, expenditures for projects that have been developed to restore salmon habitat before completion of the project lists required in RCW 75.46.060(2).
(((7))) (8) Where a lead entity has been established pursuant to RCW 75.46.060, the interagency review team may provide block grants to the lead entity, subject to available funding."
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 Swecker and Jacobsen on page 4, line 18, to Senate Bill No. 5613.
The motion by Senator Swecker carried and the amendment was adopted.
MOTIONS
On motion of Senator Jacobsen, the following title amendment was adopted:
On page 1, on line 2 of the title, after "75.46.005", strike "and 75.46.040" and insert "75.46.040, 75.46.060, and 75.46.080"
On motion of Senator Jacobsen, the rules were suspended, Engrossed Senate Bill No. 5613 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. 5613.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5613 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, 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, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 49.
ENGROSSED SENATE BILL NO. 5613, 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. 5595, by Senators Jacobsen and Fraser
Establishing the salmon recovery funding board.
MOTIONS
On motion of Senator Jacobsen, Second Substitute Senate Bill No. 5595 was substituted for Senate Bill No. 5595 and the second substitute bill was placed on second reading and read the second time.
Senator Tim Sheldon moved that the following amendment by Senators Tim Sheldon and Jacobsen be adopted:
On page 5, line 13, delete "a greater portion to protection of habitat than to" and insert "funding to both protection and"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Tim Sheldon and Jacobsen on page 5, line 13, to Second Substitute Senate Bill No. 5595.
The motion by Senator Tim Sheldon carried and the amendment was adopted.
MOTION
Senator Honeyford moved that the following amendment by Senators Honeyford and Jacobsen be adopted:
On page 5, line 27, after "information." insert "Prior to finalizing funding decisions under the provisions of this chapter, the board shall consult with interests representing irrigated and non-irrigated agriculture, sport and commercial fishing interests, large and small scale timber interests, conservation districts, and county and city governmental interests."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Honeyford and Jacobsen on page 5, line 27, to Second Substitute Senate Bill No. 5595.
The motion by Senator Honeyford carried and the amendment was adopted.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5595 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 Winsley: “Senator Swecker, speaking of all those envelopes, is it true you keep them under the mattress?”
Senator Swecker: “Well, you have Y2K you know. You have to be careful.”
Further debate ensued.
CALL FOR PREVIOUS QUESTION
Senators Snyder, Betti Sheldon and Goings called for the previous question and the demand was sustained.
The President declared the question before the Senate to be shall the main question be now put.
The motion carried and the call for the previous question carried.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5595.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5595 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 14; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 35.
Voting nay: Senators Benton, Deccio, Hale, Hochstatter, Johnson, McCaslin, McDonald, Morton, Roach, Sellar, Sheahan, Stevens, Swecker and Zarelli - 14.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5595, 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.
PARLIAMENTARY INQUIRY
Senator McCaslin: “A parliamentary inquiry, Mr. President. Since the Senator from the Sixth District, who shall remain nameless, brought up a rule that we couldn't address each other by our names, but rather by our district, I am looking at Rule 39 and it states 'Yeas and
Nays' although we answer 'Aye and 'No,' and I wonder if we are actually following the rules of the Senate. Now, it is a serious question, Mr. President, because the Senator from the Sixth District was raising the points that we cannot address our fellow Senators by name, but only by district, while on the reader board, it names names and not districts, so it is confusing to someone who has been here a short time--as myself. Although you don't have to rule at the present time, Mr. President, I would appreciate a ruling at some later date.”
REPLY BY THE PRESIDENT
President Owen: “The President will take it under advisement.”
Senator McCaslin: “And I thank you.”
SECOND READING
SENATE BILL NO. 5683, by Senators Jacobsen, Swecker, T. Sheldon, Oke, Fraser, Eide, Rossi and Winsley
Creating the Puget Sound foundation to facilitate salmon recovery funding.
MOTIONS
On motion of Senator Jacobsen, Substitute Senate Bill No. 5683 was substituted for Senate Bill No. 5683 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5683 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. 5683.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5683 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Voting nay: Senator Loveland - 1.
SUBSTITUTE SENATE BILL NO. 5683, 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. 5000, by Senators Rossi, Hochstatter and Patterson
Authorizing salmon species enrichment license plates.
MOTIONS
On motion of Senator Rossi, Substitute Senate Bill No. 5000 was substituted for Senate Bill No. 5000 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the following amendments by Senators Haugen and Rossi were considered simultaneously and were adopted:
On page 2, line 7, after "perpetuation," insert "education,"
On page 2, line 13, after "perpetuation," insert "education,"
On page 2, line 27, after "perpetuation," insert "education,"
MOTION
On motion of Senator Rossi, the rules were suspended, Engrossed Substitute Senate Bill No. 5000 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 Tim Sheldon: “Senator Rossi, it is a very interesting bill--endangered species--the salmon and the manatee. Is there anything, any provision for other endangered species, mainly the male members of the Senate Democratic Caucus?”
Senator Rossi: “At this time, Senator Sheldon, no, but I do agree the male species of the Democratic Caucus are endangered and I'll work with you in the future on legislation to raise money.”
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5000.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5000 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Absent: Senators Kline and Snyder - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5000, 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. 5611, by Senators Thibaudeau, Kline, Prentice, Winsley and Costa (by request of Insurance Commissioner Senn)
Regulating medicare supplement insurance.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5611 was substituted for Senate Bill No. 5611 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5611 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. 5611.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5611 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Absent: Senators Hochstatter and Kline - 2.
SUBSTITUTE SENATE BILL NO. 5611, 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. 5557, by Senators Hargrove, Long, Costa, Patterson, Kohl-Welles, Prentice, Thibaudeau, Franklin, Snyder, Bauer, Jacobsen, Winsley, Brown, Kline and Rasmussen
Providing residential placement and transitional living services to street youth.
MOTIONS
On motion of Senator Hargrove, Second Substitute Senate Bill No. 5557 was substituted for Senate Bill No. 5557 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the following amendment by Senators Hargrove, Long and Loveland was adopted:
On page 21, beginning on line 3, strike all material down to and including line 29 on page 22 and insert the following:
"NEW SECTION. Sec. 11. A new section is added to chapter 82.04 RCW to read as follows:
(1) In computing tax under this chapter, a credit is authorized for each person equal to fifty percent of approved amounts donated to a HOPE educational financial assistance program under section 13 of this act during the calendar year. The amount of the credit shall not exceed five thousand dollars for any person for any calendar year.
(2) No credit may be taken under this section unless the credit is first approved by the department. Application for the credit shall be made in the form and manner prescribed by rules adopted by the department. Total credits approved by the department for any calendar year under this section and section 12 of this act shall not exceed two hundred fifty thousand dollars.
(3) The credit shall be taken against taxes due for the same calendar year in which the amounts for which credit is claimed were paid. A credit must be claimed by the due date of the last tax return for the calendar year in which the payment is made. No credit may be carried back or forward to a different calendar year.
(4) No credit may be taken under this section for amounts for which a credit is taken under section 12 of this act.
NEW SECTION Sec. 12. A new section is added to chapter 82.16 RCW to read as follows:
(1) In computing tax under this chapter, a credit is authorized for each person equal to fifty percent of approved amounts donated to a HOPE educational financial assistance program under section 13 of this act during the calendar year. The amount of the credit shall not exceed five thousand dollars for any person for any calendar year.
(2) No credit may be taken under this section unless the credit is first approved by the department. Application for the credit shall be made in the form and manner prescribed by rules adopted by the department. Total credits approved by the department for any calendar year under this section and section 11 of this act shall not exceed two hundred fifty thousand dollars.
(3) The credit shall be taken against taxes due for the same calendar year in which the amounts for which credit is claimed were paid. A credit must be claimed by the due date of the last tax return for the calendar year in which the payment is made. No credit may be carried back or forward to a different calendar year.
(4) No credit may be taken under this section for amounts for which a credit is taken under section 11 of this act.
NEW SECTION. Sec. 13. A new section is added to chapter 28B.80 RCW to read as follows:
(1) HOPE educational financial assistance programs may be established by private nonprofit organizations and may qualify for the purposes of receiving contributions under sections 11 and 12 of this act upon approval of the board. Educational financial assistance from these programs may be used only for assistance for former street youth who qualify under subsection (2) of this section.
(2) Only former street youth who have been residents of a HOPE center as defined in RCW 74.15.020 and who have received transitional living services as defined in RCW 74.15.020 may apply for and receive educational financial assistance under this section. The educational financial assistance may be used for expenses
incurred in conjunction with enrollment in any institution of higher education in the state. Yearly educational financial assistance under this section is limited to an
amount equal to the highest yearly undergraduate resident tuition charged by a public institution of higher education within the state, and may only be provided to an individual twice in any four-year period. The assistance shall take into account family and other financial resources available to the individual."
Renumber the sections consecutively and correct any internal references accordingly.
MOTION
On motion of Senator Hargrove, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5557 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 Second Substitute Senate Bill No. 5557.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5557 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, 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, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 49.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5557, 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 Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Hale, the following resolution was adopted:
SENATE RESOLUTION 1999-8650
By Senators Hale, Loveland, Sheahan and Rasmussen
WHEREAS, Cancer kills more than one-half million Americans each year; and
WHEREAS, Conventional treatments for cancer are costly, time-consuming, and can have harmful side effects; and
WHEREAS, Clinical trials are currently underway to develop alternative cancer treatments using radioisotopes to effectively destroy cancer cells while leaving most healthy cells intact; and
WHEREAS, Success of these new treatment techniques have indicated the need for a dependable supply of radioisotopes; and WHEREAS, The United States has not produced enough radioisotopes to meet the demand; and
WHEREAS, Patients in Seattle were refused prostate cancer treatment due to lack of medical isotopes; and
WHEREAS, Promising research was stopped due to the lack of supply of medical isotopes; and
WHEREAS, Numerous independent studies have suggested that the Fast Flux Test Facility (FFTF)at Hanford could be used to produce cancer-curing medical isotopes; and
WHEREAS, The FFTF is presently being maintained in a stand-by mode; and
WHEREAS, The U.S. Department of Energy has announced their decision to further evaluate the FFTF for civilian means which include medical isotope production, advanced material research and other research and development programs;
NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize and applaud the federal plans to fully evaluate the FFTF for use in meeting critical national research needs.
Senators Hale and Loveland spoke to Senate Resolution 1999-8650.
MOTION
At 4:13 p.m., on motion of Senator Betti Sheldon, the Senate recessed until 6:00 p.m.
The Senate was called to order at 6:10 p.m. by President Owen.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 5810, by Senators Fraser, T. Sheldon and Swecker
Allowing for the regulation of flowing wells within city limits.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 5810 was substituted for Senate Bill No. 5810 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5810 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Honeyford, Senator Sellar was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5810.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5810 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 14; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Oke, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 34.
Voting nay: Senators Benton, Deccio, Finkbeiner, Hochstatter, Honeyford, Horn, McCaslin, Morton, Roach, Rossi, Sheahan, Stevens, West and Zarelli - 14.
Excused: Senator Sellar - 1.
SUBSTITUTE SENATE BILL NO. 5810, 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 Pro Tempore Wojahn assumed the Chair.
SECOND READING
SENATE BILL NO. 6032, by Senators Spanel, Honeyford and Gardner
Granting the department of revenue the authority to issue direct payment permits.
MOTIONS
On motion of Senator Goings, Substitute Senate Bill No. 6032 was substituted for Senate Bill No. 6032 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Spanel, the rules were suspended, Substitute Senate Bill No. 6032 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6032.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6032 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Absent: Senator McAuliffe - 1.
Excused: Senator Sellar - 1.
SUBSTITUTE SENATE BILL NO. 6032, 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. 5519, by Senators Horn, Haugen, McCaslin, Heavey and Winsley
Calculating the time limits for local project review under the growth management act.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5519 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Franklin, Senators Bauer and Loveland were excused.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5519.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5519 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 13; Absent, 0; Excused, 3.
Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Haugen, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 33.
Voting nay: Senators Benton, Finkbeiner, Goings, Hale, Hargrove, Heavey, Hochstatter, Roach, Rossi, Sheahan, Sheldon, T., Stevens and Zarelli - 13.
Excused: Senators Bauer, Loveland and Sellar - 3.
SENATE BILL NO. 5519, 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. 5682, by Senator Brown
Authorizing local governments to require that septic systems be removed in areas designated as having a critical recharging effect for an aquifer that is the primary drinking water source for a city of over 150,000 population.
The bill was read the second time.
MOTION
On motion of Senator Brown, the rules were suspended, Senate Bill No. 5682 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5682.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5682 and the bill failed to passed the Senate by the following vote: Yeas, 20; Nays, 26; Absent, 0; Excused, 3.
Voting yea: Senators Brown, Costa, Eide, Fairley, Fraser, Gardner, Goings, Haugen, Jacobsen, Kline, Kohl-Welles, McAuliffe, Patterson, Rasmussen, Sheahan, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 20.
Voting nay: Senators Benton, Deccio, Finkbeiner, Franklin, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Prentice, Roach, Rossi, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 26.
Excused: Senators Bauer, Loveland and Sellar - 3.
SENATE BILL NO. 5682, having failed to receive the constitutional majority, was declared lost.
President Owen assumed the Chair.
SECOND READING
SENATE BILL NO. 5866, by Senators Fraser, Prentice, Kline and Kohl-Welles (by request of Department of Agriculture)
Eliminating component registration of fertilizer products.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 5866 was substituted for Senate Bill No. 5866 and the substitute bill was placed on second reading and read the second time.
Senator Fraser moved that the following striking amendment by Senators Fraser, Morton and Swecker be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 15.54.325 and 1998 c 36 s 4 are each amended to read as follows:
(1) No person may distribute in this state a commercial fertilizer until it has been registered with the department by the producer, importer, or packager of that product. A bulk fertilizer does not require registration if all commercial fertilizer products contained in the final product are registered.
(2) An application for registration shall be made on a form furnished by the department and shall be accompanied by a fee of twenty-five dollars for each product. Labels for each product shall accompany the application. All companies planning to mix customer-formula fertilizers shall include the statement "customer-formula grade mixes" under the column headed "product name" on the product registration application form. All customer-formula fertilizers sold under one brand name shall be considered one product.
(3) An application for registration shall include the following:
(a) The product name;
(b) The brand and grade;
(c) The guaranteed analysis;
(d) Name, address, and phone number of the registrant;
(e) Labels for each product being registered;
(f) Identification of those products that are (i) waste-derived fertilizers, (ii) micronutrient fertilizers, or (iii) fertilizer materials containing phosphate;
(g) ((Identification of the fertilizer components in the commercial fertilizer product and verification that all the components are registered. If any of the components are not registered, then the application must include)) The concentration of each metal, for which standards are established under RCW 15.54.800, in each ((fertilizer component, for which standards are established under RCW 15.54.800)) product being registered;
(h) Waste-derived fertilizers and micronutrient fertilizers shall include at a minimum, information to ensure the product complies with chapter 70.105 RCW and the resource conservation and recovery act, 42 U.S.C. Sec. 6901 et seq.; and
(i) Any other information required by the department by rule.
(4) If an application for renewal of the product registration provided for in this section is not filed prior to July 1st of any one year, a penalty of ten dollars per product shall be assessed and added to the original fee and shall be paid by the applicant before the renewal registration shall be issued. The assessment of this late collection fee shall not prevent the department from taking any other action as provided for in this chapter. The penalty shall not apply if the applicant furnishes an affidavit that he or she has not distributed this commercial fertilizer subsequent to the expiration of his or her prior registration.
NEW SECTION. Sec. 2. 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 July 1, 1999."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Fraser, Morton and Swecker to Substitute Senate Bill No. 5866.
The motion by Senator Fraser carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Fraser, the following title amendment was adopted:
On page 1, line 2 of the title, after "products;" strike the remainder of the title and insert "amending RCW 15.54.325; providing an effective date; and declaring an emergency."
On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 5866 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. 5866.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5866 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 44.
Voting nay: Senators Kohl-Welles and Thibaudeau - 2.
Excused: Senators Bauer, Loveland and Sellar - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5866, 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. 5821, by Senators Eide, Morton, Patterson, Swecker, McAuliffe and Fraser
Establishing a state-wide licensing program for persons who design on-site wastewater treatment systems.
MOTIONS
On motion of Senator Fraser, Second Substitute Senate Bill No. 5821 was substituted for Senate Bill No. 5821 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Fraser, the rules were suspended, Second Substitute Senate Bill No. 5821 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. 5821.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5821 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 14; Absent, 0; Excused, 3.
Voting yea: Senators Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Long, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 32.
Voting nay: Senators Benton, Deccio, Hochstatter, Honeyford, Johnson, McCaslin, McDonald, Morton, Roach, Rossi, Sheahan, Stevens, West and Zarelli - 14.
Excused: Senators Bauer, Loveland and Sellar - 3.
SECOND SUBSTITUTE SENATE BILL NO. 5821, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE JOINT MEMORIAL NO. 8010, by Senators Jacobsen and Oke
Requesting support for the full appropriation to fund state aquatic nuisance species management plans.
The joint memorial was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Senate Joint Memorial No. 8010 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8010.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8010 and the joint memorial passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Bauer, Loveland and Sellar - 3.
SENATE JOINT MEMORIAL NO. 8010, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 5307, by Senators Jacobsen, Swecker, Fraser and Kline (by request of Commissioner of Public Lands Belcher)
Concerning reclamation of underground mine tailings.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5307 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. 5307.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5307 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Bauer, Loveland and Sellar - 3.
SENATE BILL NO. 5307, 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. 5340, by Senators Haugen, Benton, Jacobsen, Oke and Gardner (by request of Utilities and Transportation Commission)
Granting the utilities and transportation commission authority to inspect businesses that ship hazardous material by rail.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5340 was substituted for Senate Bill No. 5340 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5340 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. 5340.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5340 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Bauer, Loveland and Sellar - 3.
SUBSTITUTE SENATE BILL NO. 5340, 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. 5099, by Senators Haugen, Sellar, Rasmussen, Benton, Oke, Gardner, Swecker, Goings, Horn, Eide, Patterson, Morton, Prentice and Costa
Enhancing responsibility and training of commercial vehicle enforcement officers.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5099 was substituted for Senate Bill No. 5099 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5099 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. 5099.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5099 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 2; Excused, 3.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Voting nay: Senator Honeyford - 1.
Absent: Senators Franklin and Kohl-Welles - 2.
Excused: Senators Bauer, Loveland and Sellar - 3.
SUBSTITUTE SENATE BILL NO. 5099, 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. 6009, by Senators Oke and Haugen (by request of Department of Licensing)
Authorizing nonphoto identification cards for disabled parking.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 6009 was substituted for Senate Bill No. 6009 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. 6009 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. 6009.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6009 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Absent: Senator Deccio - 1.
Excused: Senators Bauer, Loveland and Sellar - 3.
SUBSTITUTE SENATE BILL NO. 6009, 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. 5766, by Senators Wojahn, Long, Franklin, Winsley, Rasmussen and Costa
Modifying the duties of a long-term care ombudsman.
MOTIONS
On motion of Senator Goings, Second Substitute Senate Bill No. 5766 was substituted for Senate Bill No. 5766 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Second Substitute Senate Bill No. 5766 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5766.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5766 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Bauer, Loveland and Sellar - 3.
SECOND SUBSTITUTE SENATE BILL NO. 5766, 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 Fairley was excused.
SECOND READING
SENATE BILL NO. 6031, by Senators Haugen, Horn, Gardner, Patterson and Goings
Facilitating regional transportation corridors.
MOTIONS
On motion of Senator Goings, Substitute Senate Bill No. 6031 was substituted for Senate Bill No. 6031 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Goings, the rules were suspended, Substitute Senate Bill No. 6031 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. 6031.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6031 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Absent: Senator McDonald - 1.
Excused: Senators Bauer, Fairley, Loveland and Sellar - 4.
SUBSTITUTE SENATE BILL NO. 6031, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5044, by Senator Brown
Changing the membership of air pollution control authority boards of directors.
The bill was read the second time.
MOTION
On motion of Senator Honeyford, the following amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.94.100 and 1991 c 199 s 704 are each amended to read as follows:
(1) The governing body of each authority shall be known as the board of directors.
(2) In the case of an authority comprised of one county the board shall be comprised of two appointees of the city selection committee, at least one of whom shall represent the city having the most population in the county, and two representatives to be designated by the board of county commissioners. In the case of an authority comprised of two, three, four, or five counties, the board shall be comprised of one appointee from each county, who shall represent the city having the most population in such county, to be designated by the mayor and city council of such city, and one representative from each county to be designated by the board of county commissioners of each county making up the authority. In the case of an authority comprised of six or more counties, the board shall be comprised of one representative from each county to be designated by the board of county commissioners of each county making up the authority, and three appointees, one each from the three largest cities within the local authority's jurisdiction to be appointed by the mayor and city council of such city.
(3) In the case of an authority comprised of one county, that has a population over three hundred fifty thousand and that is located east of the crest of the Cascades, the board shall be comprised of one appointee of the city selection committee, one appointee who shall be appointed by the legislative authority of and represent the city having the most population in the county, and two representatives to be designated by the county legislative authority.
(4) If the board of an authority otherwise would consist of an even number, the members selected as above provided shall agree upon and elect an additional member who shall be either a member of the ((governing body)) legislative authority of one of the towns, cities, or counties comprising the authority, or a private citizen residing in the authority.
(((4))) (5) The terms of office of board members shall be four years.
(((5))) (6) Wherever a member of a board has a potential conflict of interest in an action before the board, the member shall declare to the board the nature of the potential conflict prior to participating in the action review. The board shall, if the potential conflict of interest, in the judgment of a majority of the board, may prevent the member from a fair and objective review of the case, remove the member from participation in the action."
MOTION
On motion of Senator Fraser, the rules were suspended, Engrossed Senate Bill No. 5044 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5044.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5044 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 9; Absent, 1; Excused, 4.
Voting yea: Senators Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 35.
Voting nay: Senators Benton, McCaslin, Morton, Roach, Rossi, Sheahan, Stevens, Swecker and Zarelli - 9.
Absent: Senator McDonald - 1.
Excused: Senators Bauer, Fairley, Loveland and Sellar - 4.
ENGROSSED SENATE BILL NO. 5044, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5502, by Senator Haugen (by request of Marine Employees' Commission)
Reporting the salary survey of ferry employees.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Senate Bill No. 5502 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator McCaslin, Senator McDonald was excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5502.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5502 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Excused: Senators Bauer, Fairley, Loveland, McDonald and Sellar - 5.
SENATE BILL NO. 5502, 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. 5822, by Senators Haugen, Deccio, Gardner, Patterson, Eide, McCaslin, Costa and Long
Requiring agreements between public transportation benefit areas and auto transportation companies operating therein.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5822 was substituted for Senate Bill No. 5822 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5822 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. 5822.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5822 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 12; Absent, 0; Excused, 5.
Voting yea: Senators Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Kline, Kohl-Welles, Long, McAuliffe, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 32.
Voting nay: Senators Benton, Heavey, Honeyford, Johnson, McCaslin, Morton, Oke, Roach, Rossi, Stevens, West and Zarelli - 12.
Excused: Senators Bauer, Fairley, Loveland, McDonald and Sellar - 5.
SUBSTITUTE SENATE BILL NO. 5822, 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. 5955, by Senators Snyder, Haugen, McDonald, Benton and Prentice
Adjusting composition and administration of the legislative transportation committee.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5955 was substituted for Senate Bill No. 5955 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the following amendments were considered simultaneously and were adopted:
On page 2, line 14, beginning with "The" strike everything through "held." on line 18, and insert "On the effective date of this act, the president of the senate shall appoint an additional senate member as provided by the 1999 amendment of this section. With the appointment of the additional member, the terms of officers elected before the effective date of this act are terminated, and the committee shall hold a new election of officers. The 1999 amendment of this section does not affect the 1997-1999 committee members, but applies only to members appointed at the close of the 1999 session."
On page 3, line 6, after "immediately" strike everything through "session" on line 8
MOTION
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5955 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5955.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5955 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Excused: Senators Bauer, Loveland, McDonald and Sellar - 4.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5955, 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 Eide, Swecker, Fraser and Costa (by request of Department of Ecology)
Extending the commute trip tax reduction credit.
MOTIONS
On motion of Senator Eide, 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 Eide, 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.
Debate ensued.
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, 3; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 43.
Voting nay: Senators Honeyford, Stevens and Zarelli - 3.
Excused: Senators Bauer, Loveland and Sellar - 3.
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.
SECOND READING
SENATE BILL NO. 5013, by Senators Prentice, Winsley, Rossi and Oke (by request of Gambling Commission)
Authorizing dissemination of criminal history record information to the gambling commission.
The bill was read the second time.
MOTIONS
On motion of Senator Prentice, the following amendment by Senator Goings was adopted:
On page 2, line 7, after "9.46 RCW." insert "The Washington state gambling commission shall only disseminate nonconviction data obtained under this subsection to criminal justice agencies."
subsection to criminal justice agencies.
On motion of Senator Prentice, the rules were suspended, Engrossed Senate Bill No. 5013 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. 5013.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5013 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 14; Absent, 0; Excused, 3.
Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Honeyford, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 32.
Voting nay: Senators Benton, Finkbeiner, Hargrove, Hochstatter, Horn, Jacobsen, Johnson, Kline, Roach, Rossi, Sheahan, Stevens, Swecker and Zarelli - 14.
Excused: Senators Bauer, Loveland and Sellar - 3.
ENGROSSED SENATE BILL NO. 5013, 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 advanced the Senate to the seventh order of business.
There being no objection, the Senate resumed consideration of Senate Bill No. 5564, on reconsideration, deferred on third reading March 11, 1999.
MOTIONS
On motion of Senator Snyder, the rules were suspended, Senate Bill No. 5564 was returned to second reading and read the second time.
On motion of Senator Swecker, the following amendments by Senators Swecker and Gardner were considered simultaneously and were adopted:
On page 1, line 11, after "4.04.622" strike "or a travel trailer as defined in RCW 46.04.623"
On page 2, line 1, after "park trailer" strike "or travel trailer"
On page 2, at the beginning of line 3, strike "or travel trailer"
POINT OF ORDER
Senator Benton: “A point of order, Mr. President. Do the amendments we just adopted change the intent of the underlying bill, so that it no longer requires a two-thirds vote and is no longer considered a tax increase?”
REPLY BY THE PRESIDENT
President Owen: “Senator Benton, the President is not prepared to rule on that at this time and he would prefer that the bill be deferred or allow time to make a ruling on this point of inquiry.”
MOTION
On motion of Senator Betti Sheldon, further consideration of Senate Bill No. 5564, on reconsideration, was deferred.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5232, on reconsideration, deferred on third reading March 11, 1999.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5232, on reconsideration.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5232, on reconsideration, and the bill failed to pass the Senate by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, Prentice, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 23.
Voting nay: Senators Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Hochstatter, Honeyford, Johnson, Long, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 25.
Excused: Senator Sellar - 1.
SUBSTITUTE SENATE BILL NO. 5232, on reconsideration, having failed to receive the constitutional majority was declared lost.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Shin served notice that he would move to reconsider the vote by which Senate Bill No. 5682 failed to pass the Senate earlier today.
.
SECOND READING
SENATE BILL NO. 5495, by Senators Snyder and Zarelli
Repealing a restriction on regular property tax levies.
MOTIONS
On motion of Senator Snyder, Substitute Senate Bill No. 5495 was substituted for Senate Bill No. 5495 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Snyder, the rules were suspended, Substitute Senate Bill No. 5495 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. 5495.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5495 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, 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, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Absent: Senators Deccio and McDonald - 2.
Excused: Senator Sellar - 1.
SUBSTITUTE SENATE BILL NO. 5495, 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. 5510, by Senators Oke, Swecker, Long, Sellar, Zarelli, Hochstatter, Rossi, Johnson, Morton, Hale, Stevens and West
Using collection agencies to collect unpaid taxes.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 5510 was substituted for Senate Bill No. 5510 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. 5510 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. 5510.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5510 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, 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, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Voting nay: Senator Hargrove - 1.
Excused: Senator Sellar - 1.
SUBSTITUTE SENATE BILL NO. 5510, 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. 5452, by Senators Bauer, Deccio, Benton, Goings, Winsley, Rasmussen, Franklin, Eide, Zarelli, Wojahn and Hale
Creating a public facilities district.
MOTIONS
On motion of Senator Bauer, Second Substitute Senate Bill No. 5452 was substituted for Senate Bill No. 5452 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Bauer, the rules were suspended, Second Substitute Senate Bill No. 5452 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Benton: “Senator Bauer, the original bill allowed for tax increases by the local facilities district or by the local government. It is my understanding that this was amended in committee to take those tax increase options out and/or require them to go to a vote of the people. Is that correct?”
Senator Bauer: “Really, the only thing left in this bill is the authorization of the .033 as I understand it.”
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5452.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5452 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 1; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.
Voting nay: Senators Honeyford, McDonald, Roach, Sheldon, T. and Stevens - 5.
Absent: Senator Deccio - 1.
Excused: Senator Sellar - 1.
SECOND SUBSTITUTE SENATE BILL NO. 5452, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5424, by Senators Winsley, Fraser, Honeyford, Hochstatter, Hale, McCaslin, West and Haugen
Allowing the use of certain commercially approved herbicides for aquatic plant management.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 5424 was substituted for Senate Bill No. 5424 and the substitute bill was placed on second reading and read the second time.
Senator Morton moved that the following amendment by Senators Morton and Fraser be adopted: On page 2, after line 8, insert the following:
"NEW SECTION. Sec. 3. A new section is added to chapter 90.48 RCW to read as follows:
(1) Subject to restrictions in this section, a government entity seeking to control a limited infestation of Eurasian water milfoil may use the pesticide 2,4-D to treat the milfoil infestation, without obtaining a permit under RCW 90.48.445, if the milfoil infestation is either recently documented or remaining after the application of other control measures, and is limited to twenty percent or less of the littoral zone of the lake. Any pesticide application made under this section must be made according to all label requirements for the product and must meet the public notice requirements of subsection (2) of this section.
(2) Before applying 2,4-D, the government entity shall: (a) Provide at least twenty-one days' notice to the department of ecology, the department of fish and wildlife, the department of agriculture, the department of health, and all lake residents; (b) post notices of the intent to apply 2,4-D at all public access points; and (c) place informational buoys around the treatment area.
(3) The department of fish and wildlife may impose timing restrictions on the use of 2,4-D to protect salmon and other fish and wildlife.
(4) The department may prohibit the use of 2,4-D if the department finds the product contains dioxin.
(5) Government entities using this section to apply 2,4-D may apply for funds from the freshwater aquatic weeds account consistent with the freshwater aquatic weeds management program as provided in RCW 43.21A.660.
(6) Government entities using this section shall consider development of long-term control strategies for eradication and control of the Eurasian water milfoil.
(7) For the purpose of this section, "government entities" includes cities, counties, state agencies, tribes, special purpose districts, and county weed boards."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Morton and Fraser on page 2, after line 8, to Substitute Senate Bill No. 5424.
The motion by Senator Morton carried and the amendment was adopted.
MOTIONS
On motion of Senator Fraser, the following title amendment was adopted:
On page 1, line 1 of the title, after "adding" strike "a new section" and insert "new sections"
On motion of Senator Winsley, the rules were suspended, Engrossed Substitute Senate Bill No. 5424 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. 5424.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5424 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, 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, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Excused: Senator Sellar - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5424, 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 Snyder, the Senate advanced to the ninth order of business.
MOTION FOR RECONSIDERATION
Having served prior notice on March 12, 1999, Senator Winsley moved to reconsider the vote by which Substitute Senate Bill No. 5492 failed to pass the Senate.
The President declared the question before the Senate to be the motion by Senator Winsley to reconsider the vote by which Substitute Senate Bill No. 5492 failed to pass the Senate.
The motion by Senator Winsley carried and the Senate will reconsider the vote by which Substitute Senate Bill No. 5492 failed to pass the Senate.
MOTION
At 9:10 p.m., on motion of Senator Snyder, the Senate adjourned until 8:30 a.m., Tuesday, March 16, 1999.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate