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SIXTY-SECOND DAY
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MORNING SESSION
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Senate Chamber, Cherberg Building, Olympia, Saturday, March 10, 2001
The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senator Roach.
The Sergeant at Arms Color Guard, consisting of staff members Myrna Beebe and Carrie Berry, presented the Colors. Senator Margarita Prentice 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.
MESSAGE FROM THE HOUSE
March 9, 2001
MR. PRESIDENT:
The House has passed HOUSE BILL NO. 2222, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
INTRODUCTION AND FIRST READING
SB 6143 by Senators T. Sheldon, Hargrove, Long, Costa, Roach, Snyder, McCaslin, Spanel, Winsley, Gardner, Eide, Zarelli, Rossi, Benton, Hochstatter, Swecker, Kastama, Shin, Patterson, Kline, Fraser, McAuliffe and Rasmussen
AN ACT Relating to community notification for risk level III sex and kidnapping offenders; amending RCW 65.16.020 and 4.24.550; adding a new section to chapter 9A.76 RCW; and prescribing penalties.
Referred to Committee on Human Services and Corrections.
INTRODUCTION AND FIRST READING OF HOUSE BILL
HB 2222 by Representatives Sehlin, H. Sommers, Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Chopp, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, Schoesler, Schual-Berke, Simpson, Skinner, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood and Woods
Providing funding for emergent needs.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, House Bill No. 2222 was advanced to second reading and placed on the second reading calendar.
MOTION
At 8:41 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 9:42 a.m. by President Owen
SECOND READING
HOUSE BILL NO. 2222, by Representatives Sehlin, H. Sommers, Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Chopp, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, Schoesler, Schual-Berke, Simpson, Skinner, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood and Woods
Providing funding for emergent needs.
The bill was read the second time.
MOTION
On motion of Senator Brown, the rules were suspended, House Bill No. 2222 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 House Bill No. 2222.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2222 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Absent: Senator Roach - 1.
HOUSE BILL NO. 2222, 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 Honeyford, Senator Roach was excused.
SECOND READING
SENATE BILL NO. 5376, by Senators Gardner, Horn and Haugen
Restricting telecommunications services for household goods carriers operating without a permit.
MOTIONS
On motion of Senator Gardner, Substitute Senate Bill No. 5376 was substituted for Senate Bill No. 5376 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Gardner, the rules were suspended, Substitute Senate Bill No. 5376 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. 5376.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5376 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 11; Absent, 0; Excused, 1.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West and Winsley - 37.
Voting nay: Senators Benton, Finkbeiner, Hochstatter, Johnson, McCaslin, McDonald, Morton, Rossi, Stevens, Swecker and Zarelli - 11.
Excused: Senator Roach - 1.
SUBSTITUTE SENATE BILL NO. 5376, 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. 5417, by Senators Patterson, Long, Hargrove, Stevens, Kline and Winsley
Changing provisions relating to opiate substitution treatment programs.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5417 was substituted for Senate Bill No. 5417 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5417 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. 5417.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5417 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Roach - 1.
SUBSTITUTE SENATE BILL NO. 5417, 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. 5197, by Senators Winsley and Prentice
Revising private activity bond provisions.
The bill was read the second time.
MOTION
On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5197 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. 5197.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5197 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senator Patterson - 1.
Excused: Senator Roach - 1.
SENATE BILL NO. 5197, 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 returned to the fourth order of business.
MESSAGE FROM THE HOUSE
March 10, 2001
MR. PRESIDENT:
The Co-Speakers have signed HOUSE BILL NO. 2222, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
HOUSE BILL NO. 2222.
There being no objection, the President reverted the Senate to the third order of business.
MESSAGE FROM STATE OFFICE
STATE OF WASHINGTON
DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Olympia, Washington, 98504-5000
March 8, 2001
Mr. Tony Cook
Secretary of the Senate
P. O. Box 40482
Olympia, Washington 98504-0482
Dear Mr. Cook:
Enclosed is the department’s quarterly Report to the Legislature entitled “Services to Individuals with Developmental Disabilities Diagnosed with Mental Illness.” It is mandated under Chapter 1, Laws of 2000 E2, Section 206(1)(d).
Should you have any questions about the content of the report, please call Pat Buker at (360) 902-8460.
Sincerely,
DENNIS BRADDOCK, Secretary
The Department of Social and Health Services quarterly Report to the Legislature entitled “Services to Individuals with Developmental Disabilities Diagnosed with Mental Illness” is on file in the Office of the Secretary of Senate.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
MOTION
On motion of Senator Hewitt, Senator Johnson was excused.
SECOND READING
SENATE BILL NO. 5188, by Senator McCaslin
Providing an alternative manner of dispersing surplus political funds.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5188 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. 5188.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5188 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Johnson and Roach - 2.
SENATE BILL NO. 5188, 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. 5572, by Senators Snyder, Winsley and Oke
Authorizing Crimestoppers signs in view of specified highway systems.
MOTIONS
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On motion of Senator Haugen, Substitute Senate Bill No. 5572 was substituted for Senate Bill No. 5572 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. 5572 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. 5572.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5572 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Roach - 1.
SUBSTITUTE SENATE BILL NO. 5572, 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. 5571, by Senators Sheahan, Rasmussen, Hochstatter, T. Sheldon, Hewitt, Rossi, Honeyford, Parlette, Stevens and Roach
Authorizing Future Farmers of America license plates.
MOTIONS
On motion of Senator Sheahan, Substitute Senate Bill No. 5571 was substituted for Senate Bill No. 5571 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Sheahan, the rules were suspended, Substitute Senate Bill No. 5571 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. 5571.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5571 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Roach - 1.
SUBSTITUTE SENATE BILL NO. 5571, 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 Eide, Senator Jacobsen was excused.
SECOND READING
SENATE BILL NO. 5301, by Senators Patterson, Haugen, Oke, Jacobsen and Carlson
Specifying conditions for requiring examination of a driver.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5301 was substituted for Senate Bill No. 5301 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5301 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Carlson: “Senator Patterson, I am looking at the bill summary and I see that the report indicates that the public disclosure law is going to exempt this provision and that the department must not divulge the identity of the person making the report without the person’s permission. Would you comment on your view regarding the consequences or the possible constitutional violation of this issue?”
Senator Patterson: “Yes, I will be glad to comment on that, because we were very much concerned that be addressed in the legislation. A person who intentionally files a false report, according to this legislation, is guilty of a misdemeanor. I will read the actual language from the bill. In section one, line twenty one, it says that a person who intentionally files a false report, under this section, is guilty of a misdemeanor, and is liable for damages that proximately result.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5301.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5301 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 23 Absent, 0; Excused, 1.
Voting yea: Senators Brown, Constantine, Costa, Eide, Finkbeiner, Fraser, Gardner, Haugen, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Sheldon, T., Shin, Spanel, Swecker, Thibaudeau, - 25.
Voting nay: Benton, Carlson, Deccio, Fairley, Franklin, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Johnson, McAuliffe, McCaslin, McDonald, Morton,
Rossi, Sheahan, Sheldon, B., Snyder, Stevens, West, Winsley and Zarelli - 23.
Excused: Senator Roach - 1.
SUBSTITUTE SENATE BILL NO. 5301, 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.
EDITOR’S NOTE: The first report on the roll call vote on Substitute Senate Bill No. 5301 was a tie vote, but the President did not vote to break the tie. Senator Kohl-Wells changed her vote to ‘aye’ to pass the bill. See the President’s remarks regarding his vote on not voting to break the tie vote.
REMARKS BY THE PRESIDENT REGARDING HIS NOT VOTING TO BREAK
THE TIE ON SUBSTITUTE SENATE BILL NO. 5301
President Owen: “Since the issue came up and the potential for additional tie votes is significant this session, I wish to submit the following: The Senate cannot pass a rule that conflicts with the State Constitution. The President believes that the Constitution is very explicit in Article 2, Section 10, when it says: ‘ Each house shall elect its own officers; and when the lieutenant governor shall not attend as president, or shall act as governor, the senate shall choose a temporary president. When presiding, the lieutenant governor shall have the deciding vote in case of an equal division of the senate.’
“My comments during the brief time we had a tie vote on final passage were that there was a conflict in the Constitution on the President’s responsibility to break the tie and indicated I would not vote. The President not voting on final passage has been the tradition, but given the opportunity, the President believes the issue should be tested. In other words, the President believes the practice of the President of not voting on final passage when there is a tie vote is potentially a shirking of his constitutional duty. This issue became mute when the vote changed.”
PERSONAL PRIVILEGE
Senator Deccio: "A personal privilege, Mr. President. That is okay. The House will kill it in the House."
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Parlette served notice that she would move to reconsider the vote by which Substitute Senate Bill No. 5301 passed the Senate.
SECOND READING
SENATE BILL NO. 5518, by Senators Horn, T. Sheldon and Roach (by request of Department of Licensing)
Waiving the motorcycle exam for trained operators.
The bill was read the second time.
MOTION
On motion of Senator Horn, the rules were suspended, Senate Bill No. 5518 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. 5518.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5518 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Roach - 1.
SENATE BILL NO. 5518, 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. 5691, by Senators Costa, Long, Hargrove and Kohl-Welles
Adding a limitation on sealing of juvenile offender records.
The bill was read the second time.
MOTION
On motion of Senator Costa, the rules were suspended, Senate Bill No. 5691 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. 5691.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5691 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Roach - 1.
SENATE BILL NO. 5691, 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 Fraser, Senator Prentice was excused
SECOND READING
SENATE BILL NO. 5454, by Senators Long, Costa and Hargrove (by request of Department of Social and Health Services)
Revising provisions relating to the juvenile offender basic training camp program.
The bill was read the second time.
MOTION
On motion of Senator Long, the rules were suspended, Senate Bill No. 5454 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. 5454.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5454 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Prentice and Roach - 2.
SENATE BILL NO. 5454, 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 Honeyford, Senator Deccio was excused.
SECOND READING
SENATE BILL NO. 5028, by Senators Franklin and Regala
Establishing the legal presumption of reasonable value from the certification of health care records.
MOTIONS
On motion of Senator Kline, Substitute Senate Bill No. 5028 was substituted for Senate Bill No. 5028 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 5028 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. 5028.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5028 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Deccio and Roach - 2.
SUBSTITUTE SENATE BILL NO. 5028, 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. 5253, by Senators McCaslin, Kline, Long, Constantine, Hewitt, Horn, Honeyford and Costa
Increasing civil jury fees.
The bill was read the second time.
MOTION
On motion of Senator Kline, the rules were suspended, Senate Bill No. 5253 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. 5253.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5253 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 46.
Absent: Senator Zarelli - 1.
Excused: Senators Deccio and Roach - 2.
SENATE BILL NO. 5253, 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. 5699, by Senators Carlson, Benton, Honeyford, Hale and Zarelli
Modifying the Washington state scholars program.
The bill was read the second time.
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, Senate Bill No. 5699 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. 5699.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5699 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Roach - 1.
SENATE BILL NO. 5699, 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. 5509, by Senators Kohl-Welles, Hochstatter, Shin, Kline, Hargrove, Horn, Fairley, Sheahan, B. Sheldon, Prentice, McAuliffe, Roach and Costa
Requiring institutions of higher education to use personal identifiers that are not social security numbers.
MOTIONS
On motion of Senator Kohl-Welles, Substitute Senate Bill No. 5509 was substituted for Senate Bill No. 5509 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kohl-Welles, the rules were suspended, Substitute Senate Bill No. 5509 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 Hochstatter: “Senator Kohl-Welles, it says, ‘It also expands permissible use of social security numbers to include research, assessments, accountability and transcripts.’ Does this, in fact, restrict the use of social security numbers or are we granting a broader use of social security numbers by this final sentence in the directory here?”
Senator Kohl-Welles: “Thank you for your question, Senator Hochstatter. In fact, the bill does limit the use of social security numbers beyond what is the current practice. By expanding the list of what is allowable, we are simply keeping with what the State Board for Community and Technical Colleges and the Higher Education Coordinating Board and the Legislature, itself, engages in in terms of keeping track of students when they go from the community colleges to the four year institutions. When we require the institutions to submit enrollment data and accountability information to us, this provides the means to do it. A very important element of this, in practice currently, is that any student can request that his or her number not be used, even for these uses. The state boards and institutions honor these requests and those students are not part of the data collection.”
Senator Hochstatter: “Thank you, Senator Kohl-Welles.”
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5509.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5509 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Roach - 1.
SUBSTITUTE SENATE BILL NO. 5509, 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. 5224, by Senators Prentice, Patterson, Haugen, Horn, Oke, Jacobsen and Kohl-Welles (by request of Department of Transportation)
Redeveloping King Street railroad station.
.
MOTION
On motion of Senator Prentice, Substitute Senate Bill No. 5224 was substituted for Senate Bill No 5224 and the substitute bill was placed on second reading and read the second time
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5224 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. 5224.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5224 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 46.
Voting nay: Senators Honeyford and Zarelli - 2.
Excused: Senator Roach - 1.
SUBSTITUTE SENATE BILL NO. 5224, 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. 5474, by Senators B. Sheldon, Winsley, Spanel, Long and Fraser (by request of Department of General Administration)
Modifying provisions concerning the general administration services account.
MOTIONS
On motion of Senator Constantine, Substitute Senate Bill No. 5474 was substituted for Senate Bill No. 5474 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Constantine, the rules were suspended, Substitute Senate Bill No. 5474 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. 5474.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5474 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Roach - 1.
SUBSTITUTE SENATE BILL NO. 5474, 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, Senate Rule 15 was suspended for the day.
EDITOR’S NOTE: Rule 15 states: The senate shall convene at 10:00 a.m. each working day, unless adjourned to a different hour. The senate shall adjourn not later than 10:00 p.m. of each working day. The senate shall recess ninety minutes for lunch each working day. When reconvening on the same day the senate shall recess ninety minutes for dinner each working evening. This rule may be suspended by a majority.’
MOTION
At 11:56 a.m., on motion of Senator Snyder, the Senate recessed until 1:00 p.m.
The Senate was called to order at 1:00 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. 5143, by Senators Long, Honeyford, Carlson, Franklin, Winsley, Fraser and Haugen (by request of Joint Committee on Pension Policy)
Modifying the Washington state patrol retirement system retirement and survivor benefits.
The bill was read the second time.
MOTIONS
On motion of Senator Long, the following amendments by Senators Brown and Long were considered simultaneously and were adopted:
On page 6, line 24, after "RCW 47.46.040, insert "or any voluntary overtime"; and
On page 6, line 27, after "RCW 47.46.040, insert "or any voluntary overtime" .
On motion of Senator Long, the rules were suspended, Engrossed Senate Bill No. 5143 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. 5143.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5143 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
ENGROSSED SENATE BILL NO. 5143, 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. 5813, by Senators Honeyford, Rasmussen, Deccio, McCaslin, Hale, Constantine, Sheahan, Hewitt, Winsley, Prentice and Kohl-Welles
Allowing restaurants and private clubs to sell wine for off-premises consumption.
MOTIONS
On motion of Senator Honeyford, Substitute Senate Bill No. 5813 was substituted for Senate Bill No. 5813 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Honeyford, the rules were suspended, Substitute Senate Bill No. 5813 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5813.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5813 and the bill passed the Senate by the following vote:
Yeas, 44; Nays, 5; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Voting nay: Senators Hargrove, Long, Morton, Oke and Stevens - 5.
SUBSTITUTE SENATE BILL NO. 5813, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Hewitt, Senators Deccio and Rossi were excused.
SECOND READING
SENATE BILL NO. 5263, by Senators Snyder, Rasmussen and Gardner
Changing provisions relating to employment rights of members of reserve and national guard forces.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5263 was substituted for Senate Bill No. 5263 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5263 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. 5263.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5263 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Deccio and Rossi - 2.
SUBSTITUTE SENATE BILL NO. 5263, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5791, by Senators Kline, Sheahan, Patterson, McCaslin, Constantine, Johnson, Costa, Kohl-Welles, Deccio, Roach and Winsley
Paying for certain actions and proceedings for damages brought against law enforcement officers.
MOTIONS
On motion of Senator Kline, Substitute Senate Bill No. 5791 was substituted for Senate Bill No. 5791 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 5791 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5791.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5791 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5791, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5260, by Senators Kline, Roach, Costa, Johnson, Rossi, Shin, Kastama, Long and Regala
Requiring a notation in the driving record when a driver is required to use an ignition interlock or other biological or technical device.
The bill was read the second time.
MOTION
On motion of Senator Kline, the rules were suspended, Senate Bill No. 5260 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. 5260.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5260 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Absent: Senator Prentice - 1.
SENATE BILL NO. 5260, 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. 5291, by Senators Costa, Winsley, Franklin and Fraser
Requiring certain immunizations of staff and residents of long-term care facilities.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5291 was substituted for Senate Bill No. 5291 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the following amendment by Senator Costa was adopted: On page 2, line 34, after "department of" strike "health" and insert "social and health services"
MOTION
On motion of Senator Costa, the rules were suspended, Engrossed Substitute Senate Bill No. 5291 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. 5291.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5291 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5291, 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. 5121, by Senators Regala, Morton, Oke, Eide, Fraser and Jacobsen
Correcting references to the former office of marine safety.
The bill was read the second time.
MOTION
On motion of Senator Regala, the rules were suspended, Senate Bill No. 5121 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. 5121.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5121 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SENATE BILL NO. 5121, 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. 5377, by Senators Gardner, Horn and Haugen
Marking the gross weight on certain vehicles.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Senate Bill No. 5377 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. 5377.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5377 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senators Horn and McAuliffe - 2.
SENATE BILL NO. 5377, 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. 5558, by Senators Rossi, Kline, Finkbeiner, Roach, Morton, Oke, Johnson, Long, Swecker, Stevens and Sheahan
Clarifying penalty procedures for alcohol violators.
MOTIONS
On motion of Senator Rossi, Substitute Senate Bill No. 5558 was substituted for Senate Bill No. 5558 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Rossi, the rules were suspended, Substitute Senate Bill No. 5558 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. 5558.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5558 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Absent: Senator Haugen - 1.
SUBSTITUTE SENATE BILL NO. 5558, 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 Winsley and Thibaudeau
Designating medical directors.
MOTIONS
On motion of Senator Thibaudeau, 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 Winsley, 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.
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, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Absent: Senator McAuliffe - 1.
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. 5413, by Senators Stevens, Hargrove, Long and Roach
Improving accountability in child dependency cases.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 5413 was substituted for Senate Bill No. 5413 and the substitute bill was placed on second reading and read the second time.
Senator Hargrove moved that the following amendment by Senators Hargrove, Stevens and Long be adopted:Beginning on page 9, line 35, strike all of section 8 and insert the following:
"Sec. 8. RCW 13.34.110 and 2000 c 122 s 11 are each amended to read as follows:
(1) The court shall hold a fact-finding hearing on the petition and, unless the court dismisses the petition, shall make written findings of fact, stating the reasons therefor. The rules of evidence shall apply at the fact-finding hearing and the parent, guardian, or legal custodian of the child shall have all of the rights provided in RCW 13.34.090(1). The petitioner shall have the burden of establishing by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030.
(2)(a) The parent, guardian, or legal custodian of the child may waive his or her right to a fact-finding hearing by stipulating or agreeing to the entry of an order of dependency establishing that the child is dependent within the meaning of RCW 13.34.030. The parent, guardian, or legal custodian may also stipulate or agree to an order of disposition pursuant to RCW 13.34.130 at the same time. Any stipulated or agreed order of dependency or disposition must be signed by the parent, guardian, or legal custodian and his or her attorney, unless the parent, guardian, or legal custodian has waived his or her right to an attorney in open court, and by the petitioner and the attorney, guardian ad litem, or court-appointed special advocate for the child, if any. If the department of social and health services is not the petitioner and is required by the order to supervise the placement of the child or provide services to any party, the department must also agree to and sign the order.
(b) Entry of any stipulated or agreed order of dependency or disposition is subject to approval by the court. The court shall receive and review a social study before entering a stipulated or agreed order and shall consider whether the order is consistent with the allegations of the dependency petition and the problems that necessitated the child's placement in out-of-home care. No social file or social study may be considered by the court in connection with the fact-finding hearing or prior to factual determination, except as otherwise admissible under the rules of evidence.
(c) Prior to the entry of any stipulated or agreed order of dependency, the parent, guardian, or legal custodian of the child and his or her attorney must appear before the court and the court must inquire and establish on the record that:
(i) The parent, guardian, or legal custodian understands the terms of the order or orders he or she has signed, including his or her responsibility to participate in remedial services as provided in any disposition order;
(ii) The parent, guardian, or legal custodian understands that entry of the order starts a process that could result in the filing of a petition to terminate his or her relationship with the child within the time frames required by state and federal law if he or she fails to comply with the terms of the dependency or disposition orders or fails to substantially remedy the problems that necessitated the child's placement in out-of-home care;
(iii) The parent, guardian, or legal custodian understands that the entry of the stipulated or agreed order of dependency is an admission that the child is dependent within the meaning of RCW 13.34.030 and shall have the same legal effect as a finding by the court that the child is dependent by at least a preponderance of the evidence, and that the parent, guardian, or legal custodian shall not have the right in any subsequent proceeding for termination of parental rights or dependency guardianship pursuant to this chapter or nonparental custody pursuant to chapter 26.10 RCW to challenge or dispute the fact that the child was found to be dependent; and
(iv) The parent, guardian, or legal custodian knowingly and willingly stipulated and agreed to and signed the order or orders, without duress, and without misrepresentation or fraud by any other party.
If a parent, guardian, or legal custodian fails to appear before the court after stipulating or agreeing to entry of an order of dependency, the court may enter the order upon a finding that the parent, guardian, or legal custodian had actual notice of the right to appear before the court and chose not to do so. The court may require other parties to the order, including the attorney for the parent, guardian, or legal custodian, to appear and advise the court of the parent's, guardian's, or legal custodian's notice of the right to appear and understanding of the factors specified in this subsection.
(3) Immediately after the entry of the findings of fact, the court shall hold a disposition hearing, unless there is good cause for continuing the matter for up to fourteen days. If good cause is shown, the case may be continued for longer than fourteen days. Notice of the time and place of the continued hearing may be given in open court. If notice in open court is not given to a party, that party shall be notified by certified mail of the time and place of any continued hearing. Unless there is reasonable cause to believe the health, safety, or welfare of the child would be jeopardized or efforts to reunite the parent and child would be hindered, the court shall direct the department to notify those adult persons who: (((1))) (a) Are related by blood or marriage to the child in the following degrees: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, or aunt; (((2))) (b) are known to the department as having been in contact with the family or child within the past twelve months; and (((3))) (c) would be an appropriate placement for the child. Reasonable cause to dispense with notification to a parent under this section must be proved by clear, cogent, and convincing evidence.
The parties need not appear at the ((fact-finding or dispositional)) disposition hearing if the parties, their attorneys, the guardian ad litem, and court-appointed special advocates, if any, are all in agreement. ((The court shall receive and review a social study before entering an order based on agreement. No social file or social study may be considered by the court in connection with the fact-finding hearing or prior to factual determination, except as otherwise admissible under the rules of evidence.))"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove, Stevens and Long on page 9, line 35, to Substitute Senate Bill No. 5413.
The motion by Senator Hargrove carried and the amendment was adopted.
MOTIONS
On motion of Senator Hargrove, the following title amendment was adopted:
On page 1, beginning on line 2 of the title, after "13.34.180," strike "and 13.34.138" and insert "13.34.138, and 13.34.110"
On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 5413 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. 5413.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5413 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Absent: Senator Oke - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5413, 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 Eide, Senator Gardner was excused.
SECOND READING
SENATE BILL NO. 5190, by Senators Winsley and Costa
Providing photo identification for private investigators.
MOTIONS
On motion of Senator Winsley, Substitute Senate Bill No. 5190 was substituted for Senate Bill No. 5190 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 5190 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. 5190.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5190 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Gardner - 1.
SUBSTITUTE SENATE BILL NO. 5190, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of
SECOND READING
SENATE BILL NO. 6012, by Senators Honeyford, Rasmussen, Hochstatter, Hale and Carlson
Allowing customary agricultural related burning in an urban growth area.
MOTIONS
On motion of Senator Honeyford, Substitute Senate Bill No. 6012 was substituted for Senate Bill No. 6012 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Honeyford, the rules were suspended, Substitute Senate Bill No. 6012 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. 6012.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6012 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Deccio, Finkbeiner, Fraser, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 42.
Voting nay: Senators Costa, Eide, Fairley, Franklin, Kohl-Welles and Prentice - 6.
Excused: Senator Gardner - 1.
SUBSTITUTE SENATE BILL NO. 6012, 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. 5369, by Senators Kline, Long and Costa (by request of Department of Social and Health Services)
Revising provisions for jurisdiction in child support matters.
MOTIONS
On motion of Senator Kline, Substitute Senate Bill No. 5369 was substituted for Senate Bill No. 5369 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 5369 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. 5369.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5369 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senator Stevens - 1.
Excused: Senator Gardner - 1.
SUBSTITUTE SENATE BILL NO. 5369, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
PERSONAL PRIVILEGE
Senator Winsley: “Mr. President, I rise for a point of personal privilege. There is someone in our midst today that is having a special birthday today and I think we should acknowledge her birthday. It is not everyday that you are thirty-nine and counting. This is a very special birthday for Senator Marilyn Rasmussen. I am not going to tell you how old she is, but it significant. It is the age where you can apply for something--at the earliest. Happy Birthday, Marilyn.”
The President also extended Happy Birthday wishes to Senator Marilyn Rasmussen.
SECOND READING
SENATE BILL NO. 5395, by Senators Long, Constantine and Kline (by request of Administrator for the Courts)
Changing provisions relating to the administrator for the courts.
MOTIONS
On motion of Senator Kline, Substitute Senate Bill No. 5395 was substituted for Senate Bill No. 5395 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 5395 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. 5395.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5395 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5395, 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. 5276, by Senators Prentice, Winsley, T. Sheldon, West, Gardner, Hale, Costa, Carlson and Kohl-Welles (by request of Washington State Apprenticeship and Training Council, State Board for Community and Technical Colleges and Department of Labor and Industries)
Revising apprenticeship law to respond to a 1999 United States department of labor audit.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5276 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. 5276.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5276 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SENATE BILL NO. 5276, 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. 5565, by Senators Deccio, Thibaudeau and Kohl-Welles
Dispensing controlled substance orders and prescriptions.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5565 was substituted for Senate Bill No. 5565 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. 5565 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. 5565.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5565 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5565, 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. 5440, by Senators Jacobsen and Oke (by request of Department of Fish and Wildlife)
Raising the number of the governor's appointees to the fish and wildlife commission from two to three.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5440 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. 5440.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5440 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Absent: Senator McDonald - 1.
SENATE BILL NO. 5440, 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 Sheahan, Senator McDonald was excused.
SECOND READING
SENATE BILL NO. 5438, by Senators Jacobsen, Regala and Oke (by request of Department of Fish and Wildlife)
Giving the fish and wildlife commission rule-making authority over the fish and wildlife vehicle use permit program.
MOTIONS
On motion of Senator Jacobsen, Substitute Senate Bill No. 5438 was substituted for Senate Bill No. 5438 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. 5438 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Oke
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5438.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5438 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator McDonald - 1.
SUBSTITUTE SENATE BILL NO. 5438, 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. 5439, by Senators Jacobsen and Morton (by request of Department of Fish and Wildlife)
Modifying provisions concerning the licensing of fishing guides.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5439 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. 5439.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5439 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senator Prentice - 1.
Excused: Senator McDonald - 1.
SENATE BILL NO. 5439, 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 Kastama, Senator Prentice was excused.
SECOND READING
SENATE BILL NO. 5546, by Senators McAuliffe, Finkbeiner, Rasmussen, B. Sheldon, Fairley, Johnson, Hewitt, Eide and Kohl-Welles (by request of State Board of Education)
Reclassifying the state board of education as a class four group.
The bill was read the second time.
MOTION
On motion of Senator McAuliffe, the rules were suspended, Senate Bill No. 5546 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Finkbeiner
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5546.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5546 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Absent: Senator Hargrove - 1.
Excused: Senators McDonald and Prentice - 2.
SENATE BILL NO. 5546, 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 Franklin assumed the Chair.
SECOND READING
SENATE BILL NO. 6126, by Senator Zarelli
Clarifying that public utility districts are not authorized to engage in the business of repairing electrical appliances other than those they sell or lease.
The bill was read the second time.
MOTION
Senator Zarelli moved that the following amendment by Senators Zarelli and Tim Sheldon be adopted:
On page 1, after line 13, insert the following:
"Public utility districts which on January 1, 2001 offered repair services for electrical appliances not sold or leased by the district may continue to provide existing utility programs which offer water heating service agreements commonly referred to as "Guaranteed Hot Water programs.""
Debate ensued.
The President Pro Tempore declared the question before the Senate to be adoption of the amendment on page 1, after line 13, to Senate Bill No. 6126.
The motion by Senator Zarelli carried and the amendment was adopted.
MOTION
On motion of Senator Tim Sheldon, the rules were suspended, Engrossed Senate Bill No. 6126 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 Engrossed Senate Bill No. 6126.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6126 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Constantine, Deccio, Finkbeiner, Franklin, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Kohl-Welles, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 37.
Voting nay: Senators Carlson, Costa, Eide, Fairley, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kline, Long and Thibaudeau - 12.
ENGROSSED SENATE BILL NO. 6126, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5629, by Senators Patterson and Horn (by request of Office of Financial Management)
Changing the office of financial management's budgeting, accounting, and reporting requirements for state agencies.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5629 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5629.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5629 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SENATE BILL NO. 5629, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5511, by Senators Kastama and Franklin
Modifying parenting plans.
MOTIONS
On motion of Senator Kastama, Substitute Senate Bill No. 5511 was substituted for Senate Bill No. 5511 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kastama, the rules were suspended, Substitute Senate Bill No. 5511 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. 5511.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5511 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Voting nay: Senators Fairley and Kline - 2.
SUBSTITUTE SENATE BILL NO. 5511, 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. 5183, by Senators Thibaudeau, Winsley and Kohl-Welles (by request of Department of Social and Health Services)
Licensing adult family homes.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5183 was substituted for Senate Bill No. 5183 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. 5183 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. 5183.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5183 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5183, 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.
MOTIONS
On motion of Senator Honeyford, Senators Hewitt and McCaslin were excused.
SECOND READING
SENATE BILL NO. 5184, by Senators Thibaudeau, Winsley, Costa and Kohl-Welles (by request of Department of Social and Health Services)
Reporting investigations of vulnerable adult abuse.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5184 was substituted for Senate Bill No. 5184 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. 5184 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 Substitute Senate Bill No. 5184.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5184 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Hewitt and McCaslin - 2.
SUBSTITUTE SENATE BILL NO. 5184, 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. 5359, by Senators Thibaudeau, Winsley, Parlette and Franklin (by request of Department of Health)
Modifying the health professions' appointment of pro tem members.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 5359 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. 5359.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5359 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator McCaslin - 1.
SENATE BILL NO. 5359, 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. 5835, by Senators Finkbeiner, Thibaudeau, Winsley, McAuliffe, Costa, Honeyford, McCaslin, Kohl-Welles, Prentice, Kline, Benton and Oke
Removing the expiration date on emergency administration of epinephrine.
The bill was read the second time.
MOTION
Senator Finkbeiner moved that the following amendment by Senators Finkbeiner, McAuliffe, Honeyford and Thibaudeau be adopted:
On page 2, after line 5, insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 28A.210 RCW to read as follows:
Public school districts may provide for the administration of
epinephrine to students who suffer an anaphylaxis allergic reaction when the students are in the custody of the school district, pursuant to chapter 18.79 RCW, if the epinephrine is provided in compliance with:
(1) Rules adopted under section 4 of this act by the state nursing care quality assurance commission, and the instructions of a registered nurse or advanced registered nurse practitioner issued under the rules; and
(2) Written policies of the school district that are adopted to implement this section and are developed in accordance with chapters 41.56 and 41.59 RCW.
NEW SECTION. Sec. 3. A new section is added to chapter 28A.210 RCW to read as follows:
(1) If a school employee provides for the administration of epinephrine to a student under chapter 18.79 RCW and this chapter in substantial compliance with: (a) Rules adopted by the state nursing care quality assurance commission and the instructions of a registered nurse or advanced registered nurse practitioner issued under such rules, and (b) written policies of the school district, then the employee, the employee's school district and school of employment shall not be liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of providing epinephrine.
(2)To be eligible to administer epinephrine, an employee not licensed under chapter 18.79 RCW, shall file, without coercion by the employer, a voluntary written, current, and unexpired letter of intent stating the employee's willingness to administer epinephrine in compliance with established guidelines. If a public school employee who is not licensed under chapter 18.79 RCW chooses not to file a letter under this section, the employee shall not be subject to any employer reprisal or disciplinary action for refusing to file a letter.
NEW SECTION. Sec. 4. A new section is added to chapter 18.79 RCW to read as follows:
(1) In accordance with the rules adopted by the commission, public school districts may provide for the administration of epinephrine to students suffering an anaphylaxis allergic reaction when the students are in the custody of the school district.
(2) After consultation with staff of the superintendent of public instruction, the commission shall adopt rules in accordance with chapter 34.05 RCW, that provide for the following and such other matters as the commission deems necessary to the proper implementation of this section:
(a) A requirement for a written, current, and unexpired request from a parent, legal guardian, or other person having legal control over the student that the school district provide for the administration of epinephrine to the student;
(b) A requirement for a written, current, and unexpired request from a physician licensed under chapter 18.71 or 18.57 RCW that
administering epinephrine to a student be provided for during the hours when school is in session or the hours when the student is under the supervision of school officials;
(c) A requirement for written, current, and unexpired instructions from an advanced registered nurse practitioner or a registered nurse licensed under this chapter regarding administration of epinephrine that include: (i) A designation of the school district employee or employees who may administer the epinephrine, and (ii) a description of the nature and extent of any required supervision; and (d) The nature and extent of acceptable training that shall:(i) Be provided by a physician, advanced registered nurse practitioner, or registered nurse licensed under chapter 18.71 or 18.57 RCW, or this chapter, and (ii) be required of school district employees who administer the epinephrine to the student under this section, except that a licensed practical nurse licensed under this chapter is exempt from training."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Finkbeiner, McAuliffe, Honeyford and Thibaudeau on page 2, after line 5, to Senate Bill No. 5835.
The motion by Senator Finkbeiner carried and the amendment was adopted.
MOTIONS
On motion of Senator Finkbeiner, the following title amendment was adopted.
On page 1, line 1, of the title after "epinephrine;" strike all material through "RCW 18.73.250" insert the following:
"amending RCW 18.73.250, adding a new section to chapter 18.79 RCW, and adding new sections to chapter 28A.210 RCW."
On motion of Senator Finkbeiner, the rules were suspended, Engrossed Senate Bill No. 5835 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 Engrossed Senate Bill No. 5835.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5835 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley,
Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator McCaslin - 1.
ENGROSSED SENATE BILL NO. 5835, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Owen assumed the Chair.
SECOND READING
SENATE BILL NO. 5223, by Senators Gardner, Oke, Haugen and Horn (by request of Department of Transportation)
Funding safety audits of rail fixed guideway systems.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Senate Bill No. 5223 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. 5223.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5223 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator McCaslin - 1.
SENATE BILL NO. 5223, 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. 5240, by Senators Regala, Swecker and Fraser (by request of Department of Ecology)
Providing adjustments to motor vehicle emission inspection fees.
MOTIONS
On motion of Senator Regala, Substitute Senate Bill No. 5240 was substituted for Senate Bill No. 5240 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Regala, the rules were suspended, Substitute Senate Bill No. 5240 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
PARLIAMENTARY INQUIRY
Senator Benton: “Mr. President, I rise to a point of parliamentary inquiry. I would like to inquire of the President as to whether or not the passage of the this bill, under the provisions of Initiative 601, passed by the people of the state of Washington, would require a two-thirds vote on final passage as a result of the significant fee increase included in this legislation?”
REPLY BY THE PRESIDENT
President Owen: “Senator Benton, the President was looking to see is Senator Regala or the sponsor wanted to make any comments on the inquiry.”
Senator Benton: “I just want to add that because of a portion of the fee does go to administrative costs to the agency, I believe, for that reason, this falls under the provisions of Initiative 601.”
Further debate ensued.
MOTION
On motion of Senator Betti Sheldon, further consideration of Substitute Senate bill No. 5240 was deferred.
SECOND READING
SENATE BILL NO. 5468, by Senators Costa, Long, Hargrove and Kohl-Welles (by request of Department of Social and Health Services)
Revising the chemical dependency disposition alternative.
MOTIONS
On motion of Senator Costa, Substitute Senate Bill No. 5468 was substituted for Senate Bill No. 5468 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Costa, the rules were suspended, Substitute Senate Bill No. 5468 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. 5468.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5468 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 5468, 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. 5145, by Senators Long, Franklin, Carlson, Winsley, Honeyford and Fraser (by request of Joint Committee on Pension Policy)
Exempting trainers and trainees in housing authority resident training programs from membership in the public employees' retirement system.
The bill was read the second time.
MOTION
On motion of Senator Long, the rules were suspended, Senate Bill No. 5145 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. 5145.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5145 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senator Horn - 1.
Excused: Senator McCaslin - 1.
SENATE BILL NO. 5145, 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. 5316, by Senators Prentice and Winsley (by request of Employment Security Department)
Ensuring that reasonable assurance continues to apply to employees of educational institutions.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5316 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. 5316.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5316 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Voting nay: Senators Hochstatter and Jacobsen - 2.
Excused: Senator McCaslin - 1.
SENATE BILL NO. 5316, 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. 5317, by Senators Prentice and Winsley (by request of Employment Security Department)
Clarifying hours and wages for educational employee compensation claims.
The bill was read the second time.
MOTION
Senator Morton moved that the following amendment be adopted:
On page 4, after line 8, insert the following:
"Sec. 3. RCW 28A.400.010 and 1990 c 33 s 376 are each amended to read as follows:
In all districts the board of directors shall elect a superintendent who shall have such qualification as the local school board alone shall determine. The superintendent shall have supervision over the several departments of the schools thereof and carry out such other powers and duties as prescribed by law. Notwithstanding the provisions of RCW 28A.400.300(1), the board may contract with such superintendent for a term not to exceed three years when deemed in the best interest of the district. The right to renew a contract of employment with any school superintendent shall rest solely with the discretion of the school board employing such school superintendent. If the school board offers a buyout to terminate a contract of employment before the term of the contract has run, the amount of the buyout may not exceed the value of one year of the contract but the superintendent shall remain eligible for the state's unemployment insurance if the superintendent meets all the eligibility requirements. Regarding such renewal of contracts of school superintendents the provisions of RCW 28A.405.210, 28A.405.240, and 28A.645.010 shall be inapplicable.
"Renumber the remaining sections consecutively and correct any internal references accordingly.
MOTION TO WITHDRAW AMENDMENT
On motion of Senator Morton, and there being no objection, the amendment on page 4, after line 8, to Senate Bill No. 5317 was withdrawn.
MOTION
On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5317 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. 5317.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5317 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator McCaslin - 1.
SENATE BILL NO. 5317, 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 TO RECONSIDER
Having served prior notice, Senator Parlette moved that the Senate reconsider the vote by which Substitute Senate Bill No. 5301 passed the Senate earlier today.
The President declared the question before the Senate to be the motion by Senator Parlette to reconsider the vote by which Substitute Senate Bill No. 5301 passed the Senate earlier today.
The motion by Senator Parlette carried and the Senate will reconsider the vote by which Substitute Senate Bill No. 5301 passed the Senate earlier today.
MOTION
On motion of Senator Sheahan, the rules were suspended and Substitute Senate Bill No. 5301 was returned to second reading and read the second time.
MOTION
Senator Carlson moved that the following amendments by Senators Carlson and Hargrove be considered simultaneously and be adopted:
On page 2, line 18 , after "jurisdiction." insert "This subsection does not apply to persons identified in subsection (1)(a)(ix) of this section.
(d)"
On page 2, line 21, strike "(d)" and insert "(e)"
Debate ensued.
The President declared the question before the Senate to be adoption of the amendments by Senators Carlson and Hargrove on page 2, line 18, and page 2, line 21, to Substitute Senate Bill No. 5301.
The motion by Senator Carlson carried and the amendments were adopted.
MOTION
On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 5301, on reconsideration, 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. 5301, on reconsideration under suspension of the rules.
PARLIAMENTARY INQUIRY
Senator Deccio: “A parliamentary inquiry, Mr. President. Is it too late to call for a division of the question?”
REPLY BY THE PRESIDENT
President Owen: “We are on final passage of the bill.”
Further debate ensued.
POINT OF INQUIRY
Senator Roach: “Senator Patterson, I am looking at section one (d) and it says, ‘A person who initially files a false report under this section is guilty of a misdemeanor and is liable for damages that approximately result.’ My question is if a person can report anonymously, except for relatives, as we just amended the bill, how would the victim in this scenario begin in anyway, to suggest that there had been some mischief involved?”
Senator Patterson: “Senator Roach, the answer to that is that they would go about the process of determining whether or not there had been mischief in the same way that anyone would in our society who was under the impression that they were being falsely accused of anything.”
Further debate ensued.
POINT OF INQUIRY
Senator Winsley: “Senator Patterson, what is in this bill that is not in current law, because I have had a lot of constituents that have lost their license and can’t get it again. Usually, it is the children who have called the Department of Licensing and said, ‘Don’t renew Mother’s or Grandma’s license,’ and they keep that confidential. Then they usually call their legislator and say, ‘I don’t understand it, but they could claim that I have to take a test and they won’t tell me why I can’t get my license renewed.’ In many cases, I have said, ‘You know what, I think your son or your daughter has called.’ In fact, I had to tell one lady after about the fortieth call who actually took her license away from her. It is already current law, so what is the big problem?”
Senator Patterson: “This bill provides a way for professionals to confidentially recommend that someone who they deem to be incompetent take the test again. The professionals are listed in the bill there - psychiatrists--’
Senator Winsley: “Currently, they are not kept confidential?”
Senator Patterson: “Currently, they cannot do that.”
Senator Winsley: “That surprises me.”
Senator Patterson: “That is the purpose of the whole bill.”
Further debate ensued.
MOTION
On motion of Senator Honeyford Senator Benton was excused.
Senators Snyder, West and Brown demanded 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 for the previous question carried.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5301, on reconsideration under suspension of the rules, and the bill failed to pass the Senate by the following vote: Yeas, 24; Nays, 23; Absent, 0; Excused, 2.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Finkbeiner, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, Long, Oke, Patterson, Prentice, Regala, Sheldon, T., Shin, Spanel, Swecker and Thibaudeau - 24.
Voting nay: Senators Deccio, Fairley, Franklin, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, McAuliffe, McDonald, Morton, Parlette, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Snyder, Stevens, West, Winsley and Zarelli - 23.
Excused: Senators Benton and McCaslin - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5301, on reconsideration under suspension of the rules, having failed to receive the constitutional majority, was declared lost.
MOTION
At 4:50 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 8:30 a.m., Monday, March 12, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate