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FIRST DAY, FIRST SPECIAL SESSION
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MORNING SESSION
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Senate Chamber, Olympia, Friday, March 10, 2000
The Senate of the 2000 First Special Session of the Fifty-sixth Legislature of the state of Washington was called to order at 9:00 a.m. by Lieutenant Governor Brad Owen, President of the Senate. The Secretary called the roll and announced to the President that all Senators were present except Senators Deccio and Sellar. On motion of Senator Hale, Senator Deccio was excused. On motion of Senator Honeyford, Senator Sellar was excused.
The Sergeant at Arms Color Guard, consisting of Pages Colleen Johnson and Scott VanHorn, presented the Colors. Reverend Terry Kaiser, pastor of the Faith Assembly Church in Lacey, offered the prayer.
MESSAGE FROM THE SECRETARY OF STATE
The Honorable Brad Owen
President of the Senate
The Legislature of the State of Washington
Olympia, Washington 98504
Mr. President:
I have attached a full, true and correct copy of the Proclamation by the Governor calling a special session of the Washington State Legislature to be convened at 9:00 a.m. on Friday, March 10, 2000.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed the Seal of the state of Washington at Olympia, this ninth
day of March, 2000.
(SEAL) RALPH MUNRO, Secretary of State
by DONALD F. WHITING, Assistant Secretary of State
PROCLAMATION BY THE GOVERNOR
WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the Washington State Constitution, the Legislature adjourned its 2000 regular session on March 9, 2000, the 60th day of the session; and
WHEREAS, supplemental operating, transportation and capital budgets for the state, and measures necessary to implement them, were not passed; and
WHEREAS, substantial work remains to be done with respect to education, including measures to improve student achievement and Washington's Promise Scholarships; and
WHEREAS, work also remains to be done to pass legislation reforming civil service, assisting locked out workers, streamlining the granting of water rights, cigarette tax compacts, and demerging the Department of Community, Trade and Economic Development;
NOW, THEREFORE, I Gary Locke, Governor of the State of Washington, by virtue of the authority vested in me by Article II, Section 12 (Amendment 68) and Article III, Section 7 of the Washington State Constitution, do hereby convene the Washington State Legislature in Special Session in the Capitol at Olympia at nine o'clock a.m. on Friday, March 10, 2000, for a period of not more than one week for the purpose of enacting legislation as described above.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the state of
Washington to be affixed at Olympia, this ninth
day of March, A.D., two thousand.
GARY LOCKE
Governor of Washington
(SEAL)
BY THE GOVERNOR:
DONALD F. WHITING
Secretary of State, Assistant
MOTION
On motion of Senator Betti Sheldon, Senate Concurrent Resolution No. 8429, which was held on the calendar March 1, 2000, was referred to the Committee on Commerce, Trade, Housing and Financial Institutions.
MOTION
On motion of Senator Betti Sheldon, Second Substitute Senate Bill No. 5243 and Senate Concurrent Resolution No. 8428, which were on the second reading calendar were referred to the Committee on Rules.
MOTION
On motion of Senator Betti Sheldon, the Gubernatorial Appointments will hold their place on the second reading calendar.
MOTION
On motion of Senator Betti Sheldon, Substitute Senate Bill No. 6525 and Engrossed Senate Bill No. 6561, which were on the concurring calendar, were referred to the Committee on Rules.
MOTION
On motion of Senator Betti Sheldon, the Committee on Rules was relieved of further consideration of Senate Bill No. 6845 and Engrossed Substitute Senate Bill No. 6404.
MOTION
On motion of Senator Betti Sheldon, Senate Bill No. 6845 and Engrossed Substitute Senate Bill No. 6404 were referred to the Committee on Ways and Means.
MOTION
On motion of Senator Betti Sheldon, the Committee on Rules was relieved of further consideration of Substitute Senate Bill No. 6856 and Engrossed Substitute Senate Bill No. 6499.
MOTION
On motion of Senator Betti Sheldon, Substitute Senate Bill No. 6856 and Engrossed Substitute Senate Bill No. 6499 were referred to the Committee on Transportation.
MOTION
At 9:15 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease
The Senate was called to order at 1:05 p.m. by President Owen.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the first order of business.
REPORTS OF STANDING COMMITTEES
March 10, 2000
ESSB 6404 Prime Sponsor, Committee on Ways and Means: Making supplemental operating and capital appropriations. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Second Substitute Senate Bill No. 6404 be substituted therefor, and the second substitute bill do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Kline, Kohl-Welles, Long, Rasmussen, B. Sheldon, Snyder, Spanel, Thibaudeau and Wojahn.
MINORITY Recommendation: Do not pass. Signed by Senators Honeyford, Roach, West and Zarelli.
Passed to Committee on Rules for second reading.
March 10, 2000
ESSB 6499 Prime Sponsor, Committee on Transportation: Funding transportation. Reported by Committee on Transportation
MAJORITY Recommendation: That Second Substitute Senate Bill No. 6499 be substituted therefor, and the second substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Costa, Eide, Heavey, Jacobsen, Patterson, Prentice, T. Sheldon and Shin.
Passed to Committee on Rules for second reading.
March 10, 2000
SB 6845 Prime Sponsor, Senator Loveland: Reconciling actual revenues and the expenditure limit. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 6845 be substituted therefor, and the substitute bill do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Kline, Kohl-Welles, B. Sheldon, Snyder, Spanel, Thibaudeau and Wojahn.
MINORITY Recommendation: Do not pass. Signed by Senators Honeyford, Long, McDonald, Rossi, West and Zarelli.
Passed to Committee on Rules for second reading.
March 10, 2000
SSB 6856 Prime Sponsor, Committee on Transportation: Revising transportation funding. Reported by Committee on Transportation
MAJORITY Recommendation: That Second Substitute Senate Bill No. 6856 be substituted therefor, and the second substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Costa, Eide, Heavey, Jacobsen, Patterson, Prentice, T. Sheldon and Shin.
MINORITY Recommendation: Do not pass. Signed by Senators Benton, Horn, Johnson, Morton and Sheahan.
Passed to Committee on Rules for second reading.
MOTION
At 1:07 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 2:10 p.m. by President Owen.
There being no objection, the President advanced the Senate to the sixth order of business.
SECOND READING
SENATE BILL NO. 6845, by Senators Loveland and Snyder
Reconciling actual revenues and the expenditure limit.
MOTIONS
On motion of Senator Loveland, Substitute Senate Bill No. 6845 was substituted for Senate Bill No. 6845 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Loveland, the rules were suspended, Substitute Senate Bill No. 6845 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. 6845.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6845 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 21; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 26.
Voting nay: Senators Benton, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 21.
Excused: Senators Deccio and Sellar - 2.
SUBSTITUTE SENATE BILL NO. 6845, 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
ENGROSSED SUBSTITUTE SENATE BILL NO. 6404, by Senate Committee on Ways and Means (originally sponsored by Senators Loveland and Rossi) (by request of Governor Locke)
Making supplemental operating and capital appropriations.
MOTIONS
On motion of Senator Loveland, Second Substitute Senate Bill No. 6404 was substituted for Engrossed Substitute Senate Bill No. 6404 and the second substitute bill was placed on second reading and read the second time.
Senator Rossi moved that the following amendment be adopted:
On page 274, after line 2, insert the following:
"Sec. 918. RCW 84.52.067 and 1997 ex.s. c 133 s 2 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, all property taxes levied by the state for the support of common schools shall be paid into the general fund of the state treasury as provided in RCW 84.56.280.
(2) Beginning with taxes collected in 2001, twenty percent of all receipts under this section shall be deposited by the state treasurer in the property tax reduction account hereby created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used to replace funds lost from legislative reductions in the state property tax.
NEW SECTION. Sec. 919. If SJR 8212 in enacted by the legislature during any legislative session held in 2000, section 918 of this act is null and void."
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 274, after line 2, to Second Substitute Senate Bill No. 6404.
The motion by Senator Rossi failed and the amendment was not adopted.
MOTION
On motion of Senator Loveland, the rules were suspended, Second Substitute Senate Bill No. 6404 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. Senate Rules provide that a bill contain one subject. This bill, in Section 907,
amends Initiative 601, which is substantive law. This is a budget document and in Legislature v. Locke, where the Legislature actually attempted to amend substantive law through the budget--I believe in that case it was day care and we challenged the Governor’s Veto and the court found us wrong in attempting to amend substantive law in the budget document.
“I think there are many numerous other cases or other cases that would point to a similar issue. I don’t think we are allowed to amend substantive law in a budget document. This is an act relating to fiscal matters; it is for purposes of adopting the budget. If we want to amend substantive law, we should introduce a bill and do that separately.”
Further debate ensued.
There being no objection, President Owen deferred further consideration of Second Substitute Senate Bill No. 6404.
President Pro Tempore Wojahn assumed the Chair.
There being no objection, the President Pro Tempore advanced the Senate to the seventh order of business.
THIRD READING
SENATE JOINT RESOLUTION NO. 8212, by Senators Loveland, Winsley, Fairley, Haugen, Snyder, Fraser, Patterson, Bauer, Wojahn, Spanel, B. Sheldon, Rasmussen, Oke, Gardner, Thibaudeau and Goings
Providing a tax credit on owner-occupied residential property.
The joint resolution was read the third time.
Senators Loveland. Rossi, Roach, Jacobsen, Brown, Swecker, Morton, Hargrove, T. Sheldon, Oke, Kline, Franklin, Horn and Hochstatter spoke to Senate Joint Resolution No. 8212.
DEMAND FOR THE PREVIOUS QUESTION
Senators Snyder, Loveland and Prentice demanded the previous question and the demand was sustained.The President Pro Tempore declared the question before the Senate to be shall the main question be now put.
The demand for the previous question carried.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Joint Resolution No.
8212.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Resolution No. 8212 and the joint resolution passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Horn, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, Winsley, Wojahn and Zarelli - 39.
Voting nay: Senators Hale, Hochstatter, Honeyford, Jacobsen, Morton, Sheahan, Swecker and West - 8.
Excused: Senators Deccio and Sellar - 2.
SENATE JOINT RESOLUTION NO. 8212, having received the constitutional two-thirds majority, was declared passed.
MOMENT OF SILENCE
The Senate stood in a moment of silence for Senator Roach's grandmother who passed away last night.
President Owen assumed the Chair.
PERSONAL PRIVILEGE
Senator Swecker: “I rise to a point of personal privilege. Mr. President, I just want to remind the members of this body that if a two hundred dollar tax cut passes that Bill Gates can buy a used 386. Thank you.”
There being no objection, the President returned the Senate to the sixth order of business.
SECOND READING
SUBSTITUTE SENATE BILL NO. 6856, by Senate Committee on Transportation (originally sponsored by Senators Goings, Gardner, Haugen, Prentice and Jacobsen)
Revising transportation funding.
MOTIONS
On motion of Senator Haugen, Second Substitute Senate Bill No. 6856 was substituted for Senate Bill No. 6856 and the second substitute bill was placed on second reading and read the second time.
Senator Benton moved that the following amendments be considered simultaneously and be adopted:
On page 44, line 31, after "five-tenths," strike "((or))"
On page 44, line 32, after "tenths", strike ", seven-tenths, eight-tenths, or nine-tenths"
Debate ensued.
POINT OF INQUIRY
Senator Long: “Senator Benton, when I look at this amendment, at the bottom in the effect, it says, ‘Removes the increase in the taxing authority for sound transit.’ Is it limited to sound transit?”
Senator Benton: “Thank you for your question, Senator. There is a typo in the effect clause. It should read, ‘Removes the taxing authority for transit agencies.’ That is a typo in the effect portion. There is no error in the actual amendment itself, only in the explanation line there.
It has nothing to do with sound transit.”
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Benton on page 44, lines 31 and 32, to Second Substitute Senate Bill No. 6856.
The motion by Senator Benton failed and the amendments were not adopted.
MOTION
Senator Horn moved that the following amendment by Senators Horn and Benton be adopted:
On page 44, on line 36, after "approved." insert the following:
"No tax may be imposed above the six-tenths of one percent rate unless sixty percent of the voters within the transportation benefit area approve the increase."
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 Horn and Benton on page 44, line 36, to Second Substitute Senate Bill No. 6856.
The motion by Senator Horn failed and the amendment was not adopted.
MOTION
Senator Horn moved that the following amendment by Senators Horn, Benton and Tim Sheldon be adopted:
On page 49, after line 7, insert the following:
"NEW SECTION. Sec. 44. A new section is added to chapter 81.112 RCW to read as follows:
Before taking any action to design or implement Phase II, the Northgate extension, Sound Transit shall place on the ballot a single ballot proposition to authorize the implementation of Phase II, the Northgate extension. A simple majority of those voting within the boundaries of the authority shall be required for approval. If the vote on the proposition fails, the project may not be implemented."
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
Senator Johnson demanded a roll call and the demand was sustained.
MOTIONS
On motion of Senator Johnson, Senator Winsley was excused.
On motion of Senator Sheahan, Senator Honeyford was excused.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Horn, Benton and Tim Sheldon on page 49, line 7, to Second Substitute Senate Bill No. 6856.
ROLL CALL
The Secretary called the roll and the amendment by Senators Horn, Benton and Tim Sheldon was not adopted by the following vote: Yeas, 18; Nays, 27; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 18.
Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 27.
Excused: Senators Deccio, Honeyford, Sellar and Winsley - 4.
MOTION
Senator Horn moved that the following amendments by Senators Horn and Benton be considered simultaneously and be adopted:
On page 59, after line 37, insert the following:
"(4) All savings resulting from a transaction in accordance with section 41 of this act shall be appropriated for road construction projects within the counties comprising the transportation benefit area on a pro rata basis in proportion to the population of each county within the transportation benefit area collecting such tax."
On page 60, line 1, strike "(4)" and insert "(5)"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Horn and Benton on page 59, line 37, and page 60, line 1, to Second Substitute Senate Bill No. 6856.
The motion by Senator Horn failed and the amendments were not adopted.
MOTION
Senator Patterson moved that the following amendment by Senators Patterson, Eide, Costa, Kline, Heavey, Prentice, Jacobsen, Thibaudeau, Goings and Kohl-Welles be adopted:
On page 60, line 19, after "act," delete all material through "Northgate." on line 23, and insert "shall be distributed equitably among all the subareas of the regional transit authority."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Patterson, Eide, Costa, Kline, Heavey, Prentice, Jacobsen, Thibaudeau, Goings and Kohl-Welles on page 60, line 19, to Second Substitute Senate Bill No. 6856.
The motion by Senator Patterson carried and the amendment was adopted.
MOTION
On motion of Senator Haugen, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6856 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6856.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6856 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 18; Absent, 0; Excused, 4.
Voting yea: 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., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 27.
Voting nay: Senators Benton, Finkbeiner, Hale, Hochstatter, Horn, Johnson, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 18.
Excused: Senators Deccio, Honeyford, Sellar and Winsley - 4.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6856, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
STATEMENT FOR THE JOURNAL
RE: E2SSB 6499
I did not intend to vote ‘yea’ on the final passage of this bill. My true vote is ‘nay.’
SENATOR DANIEL SWECKER, 20th District
SECOND READING
ENGROSSED SUBSTITUTE SENATE BILL NO. 6499, by Senate Committee on Transportation (originally sponsored by Senators Haugen, Goings, Gardner and Patterson) (by request of Governor Locke)
Funding transportation.
MOTIONS
On motion of Senator Haugen, Second Substitute Senate Bill No. 6499 was substituted for Engrossed Substitute Senate Bill No. 6499 and the second substitute bill was placed on second reading and read the second time.
Senator Finkbeiner moved that the following amendment be adopted:
On page 12, after line 10, insert the following:
"(1) Whenever a general purpose lane is closed because of an accident or road work, all vehicles shall be entitled to travel in the HOV lane for the purpose of improving traffic flow around the accident or road work."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Finkbeiner on page 12, line 10, to Second Substitute Senate Bill No. 6499.
The motion by Senator Finkbeiner failed and the amendment was not adopted.
MOTION
Senator Benton moved that the following amendment be adopted:
On page 26, line 10, after "areas." insert "The secretary shall also determine whether there is TEA-21 funding available for a pilot project privatizing Washington state rest areas."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 26, line 10, to Second Substitute Senate Bill No. 6499.
The motion by Senator Benton failed and the amendment was not adopted.
MOTION
Senator Benton moved that the following amendment be adopted:
On page 35, after line 39, insert the following: "(5) The Washington state ferries may lease or sell passenger-only ferries. The Washington state ferries and the utilities and transportation commission shall not prohibit any ferry operator from providing passenger-only ferry service in Washington."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 35, after line 39, to Second Substitute Senate Bill No. 6499.
The motion by Senator Benton failed and the amendment was not adopted.
MOTION
On motion of Senator Haugen, the rules were suspended, Second Substitute Senate Bill No. 6499 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. 6499.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6499 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 19; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Kohl-Welles, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and Wojahn - 26. Voting nay: Senators Benton, Finkbeiner, Hale, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, West and Zarelli - 19. Excused: Senators Deccio, Honeyford, Sellar and Winsley - 4. SECOND SUBSTITUTE SENATE BILL NO. 6499, 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.
HAPPY BIRTHDAY
The President wished Senator Rasmussen a Happy Birthday.
There being no objection, the President advanced the Senate to the seventh order of business.
There being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 6404, deferred on third reading earlier today.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator West that Second Substitute Senate Bill No. 6404 contains two subjects and violates Senate Rule 25, the President finds that Section 907 of the bill would amend RCW 43.135.045 to permit a transfer of up to three hundred million dollars from the emergency reserve fund to the multimodal fund.
“Senator Snyder referred to the President’s ruling in 1998 that the measure that became Referendum 49 did not contain two subjects. Because that ruling did not concern a budget bill, the prior ruling is not squarely on point. Senator West points out that the recent decision in Legislature v. Locke did concern a second subject in a budget bill in violation of Article II, Section 19 of the State Constitution. The President finds that the Locke case provides guidance here.
“In Locke, the Supreme Court set forth the following questions to consider in weighing whether a provision of the budget constitutes a second subject: (1) whether the provision was treated in a separate substantive bill; (2) whether the duration of the provision extends beyond the two year time period of the budget; or (3) whether the provision defines rights or eligibility for services. In the case of Section 907 of the budget bill before us, the answer to all three questions is ‘No.’
“The President also finds that the fund shift in Section 907 is rationally related to the budget; in fact the budget depends on the fund shift.
“For these reasons, the President finds that Second Substitute Senate Bill No. 6404 does not contain two subjects in violation of Senate Rule 25, and the point of order is not well taken.”
The President ruled that Second Substitute Senate Bill No. 6404 is properly before the Senate.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6404.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6404 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 18; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 27.
Voting nay: Senators Benton, Finkbeiner, Hale, Hochstatter, Horn, Jacobsen, Johnson, McCaslin, Morton, Oke, Roach, Rossi, Sheahan, Sheldon, T., Stevens, wrecker, West and Zarelli - 18.
Excused: Senators Deccio, Honeyford, Sellar and Winsley - 4.
SECOND SUBSTITUTE SENATE BILL NO. 6404, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 3:42 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Monday, March 13, 2000.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate