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THIRTY-FIRST DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, February 13, 2002

      The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present.

      The Sergeant at Arms Color Guard, consisting of Pages Danielle Rose and Marshall Hughes, presented the Colors. Major Charles Gillies, from the Salvation Army in Olympia, offered the prayer.

 

MOTION


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


MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS


January 23, 2002

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

      Felix Ramon, reappointed January 23, 2002, for a term ending September 30, 2007, as a member of the Board of Trustees for Big Bend Community College District No. 18.

Sincerely,

GARY LOCKE, Governor

       Referred to Committee on Higher Education.



January 25, 2002

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

      Ronnie Behnke, to be appointed March 1, 2002, for a term ending September 30, 2007, as a member of the Board of Trustees for Renton Technical College District No. 27.

Sincerely,

GARY LOCKE, Governor

Referred to Committee on Higher Education.


MESSAGES FROM STATE OFFICES


STATE OF WASHINGTON

DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Olympia, Washington 98504-5000


February 4, 2002

Mr. Tony Cook

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482


Dear Mr. Cook:


      Since 1993, the Department of Social and Health Services (DSHS) has reported annually to the Legislature on the effectiveness of county-based programs aimed at reducing racial disproportionality in juvenile justice. This requirement falls under RCW 13.40.050, which was enacted in 1991 by the Legislature. Funding for this report has been carried over and has been used for research addressing issues of racial disproportionality.

      The report, Disparity in Disposition of Juvenile Offenders (RCW 13.40.430), addresses economic, gender, geographic, or racial disproportionality in rates of arrest, detention, trial, treatment, and disposition of juvenile offenders in the state's juvenile justice system. When this requirement was enacted, the report preparation and research was to be funded out of existing funds. Because the two reports focus on very similar issues, research conducted under RCW 13.40.050 covers elements of both statute requirements.

      The Department does not have, within existing funds, the resources to conduct an additional study regarding racial disproportionality in the administration of juvenile justice in Washington State. Therefore, we are not submitting a report in 2001.

      As DSHS has stated in previous years, we would like to have the Legislature abolish the reporting requirement under RCW 13.40.430. However, if this does not happen, then we would like to transfer the requirements of this report to the Sentencing Guidelines Commission.

      If you have any question, please contact Cheryl Stephani, Assistant Secretary of the Juvenile Rehabilitation Administration, at (360) 902-7804. Thank you.


Sincerely,

DENNIS BRADDOCK, Secretary

  

      The Department of Social and Health Services Report concerning Disparity in Disposition of Juvenile Offenders is on file in the Office of the Secretary of the Senate.


STATE OF WASHINGTON

DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Olympia, Washington 98504-5000


February 7, 2002

Mr. Tony Cook

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482


Dear Mr. Cook:

      Enclosed is the Department’s Report to the Legislature entitled "Wage Increases for Adult Family Home and Boarding Home Low-wage Direct Care Workers." It is mandated under Chapter 7, Law of 2001, E2, Section 206(12).

      Please call Tom Kearns at (360) 725-2499 if you have questions regarding the report.

Sincerely,

DENNIS BRADDOCK, Secretary

  

      The Department of Social and Health Services report entitled "Wage Increases for Adult Family Home and Boarding Home Low-wage Direct Care Workers" is on file in the Office of the Secretary of the Senate.


MESSAGES FROM THE HOUSE

February 11, 2002

MR. PRESIDENT:

      The House has passed:

      HOUSE BILL NO. 1433,

      HOUSE BILL NO. 1512,

      HOUSE BILL NO. 2170,

      HOUSE BILL NO. 2284,

      SUBSTITUTE HOUSE BILL NO. 2301, and the same are herewith transmitted.


CYNTHIA ZEHNDER, Chief Clerk


February 11, 2002

MR. PRESIDENT:

      The House has passed:

      HOUSE BILL NO. 2354,

      HOUSE BILL NO. 2436,

      HOUSE BILL NO. 2438,

      HOUSE BILL NO. 2467,

      HOUSE BILL NO. 2537,

      HOUSE BILL NO. 2570,

      HOUSE BILL NO. 2625, and the same are herewith transmitted.


CYNTHIA ZEHNDER, Chief Clerk


INTRODUCTION AND FIRST READING

 

SCR 8431          by Senator Honeyford

 

Modifying districts fifteen and eighteen in the plan for legislative redistricting.

 

Referred to Committee on State and Local Government.


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

HB 1433            by Representatives Cooper, Simpson, Linville, Wood, Ruderman, McDermott and Murray

 

Requiring disclosure of fire protection and building safety information.

 

Referred to Committee on Judiciary.

 

HB 1512            by Representatives Sommers, Ballasiotes, O'Brien, Kagi, Lambert, Dickerson, Lisk, Lovick, Hurst, Delvin, Hankins, Keiser and Dunn

 

Including computer images in the definition of "visual or printed matter."

 

Referred to Committee on Judiciary.

 

HB 2170            by Representatives Alexander and Quall

 

Modifying election provisions for the creation of a lake management district.

 

Referred to Committee on Environment, Energy and Water.

 

HB 2284            by Representatives Fisher, Hatfield, Mitchell and Haigh (by request of Department of Licensing)

 

Disqualifying commercial drivers for grade crossing violations.

 

Referred to Committee on Transportation.

 

SHB 2301          by House Committee on Judiciary (originally sponsored by Representatives Lantz, Esser, Anderson, Benson, Upthegrove and Kagi)

 

Authorizing electronic notice and other communications under the Washington business corporation act.

 

Referred to Committee on Judiciary.

 

HB 2354            by Representatives Alexander, Lantz and Esser; (by request of Governor Locke and Attorney General Gregoire)

 

Regulating the admissibility of benevolent gestures in civil actions.

 

Referred to Committee on Judiciary.

 

HB 2436            by Representatives Eickmeyer, Buck, Doumit, Rockefeller, Clements, Jackley and Haigh (by request of Department of Fish and Wildlife)

 

Allowing the issuance of a group fishing permit to a facility.

 

Referred to Committee on Natural Resources, Parks and Shorelines.

 

HB 2438            by Representatives Kenney, Cox, Lantz, Jarrett, Quall, Haigh, Chase, Jackley, Darneille, Ogden and McIntire (by request of The Evergreen State College)

 

Expanding the running start program to allow participation by The Evergreen State College.

 

Referred to Committee on Higher Education.

 

HB 2467            by Representatives Sullivan, Dunshee, DeBolt, Mulliken and Berkey

 

Modifying county treasurer provisions.

 

Referred to Committee on State and Local Government.

 

HB 2537            by Representatives McIntire, Hankins, Chase, Hatfield, Ogden, Simpson, Kessler, Haigh, Conway, Rockefeller, Kenney, Lantz, Quall, Dickerson, Upthegrove, Veloria, Kagi, Murray, Schual-Berke, Fisher, Cody, Tokuda, O'Brien, Lovick, Ruderman, Hunt, McDermott, Linville and Jackley (by request of Governor Locke)

 

Providing authorization for projects recommended by the public works board.

 

Referred to Committee on Ways and Means.

 

HB 2570            by Representatives Doumit, Sump, Buck and Hatfield

 

Extending the period of time for federal assurances with respect to the forests and fish report.

 

Referred to Committee on Natural Resources, Parks and Shorelines.

 

HB 2625            by Representatives Linville, Buck, Van Luven and Lysen

 

Allowing the use of purse seine and other lawful fishing gear in certain waters.

 

Referred to Committee on Natural Resources, Parks and Shorelines.


MOTIONS


      On motion of Senator Betti Sheldon, Senate Concurrent Resolution No. 8427, which was held on the desk February 5, 2002, was referred to the Committee on State and Local Government.

      On motion of Senator Betti Sheldon, Senate Concurrent Resolution No. 8428, which was held on the desk January 31, 2002, was referred to the Committee on State and Local Government.


MOTION


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


SENATE RESOLUTION 8746


By Senators Rossi, Johnson, Carlson and Roach


      WHEREAS, The students of Tahoma High School in Maple Valley, Washington, enrolled in the program known as “We the People, The Citizen and the Constitution” have exhibited that they have learned very well the lessons of our forefathers, who wrote the Constitution of the United States and will be representing all of Washington in national championship competition to be held May 4 though May 6 in Washington, D.C. ; and

      WHEREAS, This knowledge will enhance their lives and direct their paths as they walk through life, proud in the knowledge that Americans have long stood for justice and liberty of all Americans; and

      WHEREAS, Being armed with this knowledge is to the benefit of all citizens of this great country and state and will encourage them to participate in the democracy men and women have fought so gallantly to preserve; and

      WHEREAS, Knowing that these energetic, knowledgeable young people will one day lead this state and country, and that there may very well be in their midst a Governor, Senator or a member of Congress or perhaps even a future President; and

      WHEREAS, The teacher of “We The People” program, Stephanie Davis, who has lead students to win state championships the past seven years, can take great pride knowing that the students enrolled in this program have the knowledge to outperform university students in every topic; and

      WHEREAS, Studies have shown that eighty percent of senior students participating in this program have registered to vote as compared to an average of thirty-seven percent, thereby proving that this program has increased the interest in politics and in participating in government;

      NOW, THEREFORE, BE IT RESOLVED, That we the members of the Washington State Senate wish to acknowledge the participation in this program by Heather Aldrich, Laura Bailey, Andy Bauer, Travis Beckett, Lance Bishop, Jonathan Bongard, Sheena Clark, Aimee Craig, Mike DeSisto, Casey Dillon, Kiran Garcha, Tyler Hawks, Katie Kennedy, Rebecca Kennedy, David Knotts, Alissa Loudiana, Julia Lowe, Ryan Marsh, Jamaica Morris, Michaela Soldano, Kellie Stendal, Stefanie Waldron, Emily Walters, Ryan Wells, and Jessica Woodall, students each and every one making their families and fellow citizens proud; and

      BE IT FURTHER RESOLVED, That the Secretary of the Senate forward a copy of this resolution to the Principal of Tahoma High School to further show the respect of this body for a job well done by each student and teacher.


      Senators Rossi, Johnson, Carlson and McAuliffe spoke to Senate Resolution 8746.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the teacher and students from Tahoma High School in Maple Valley, involved in the “We the People” program, who were seated in the gallery.


MOTION


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


SECOND READING


      SUBSTITUTE SENATE BILL NO. 5104, by Senate Committee on Natural Resources, Parks and Shorelines (originally sponsored by Senator Carlson)

 

Using revenues under the county conservation futures levy.


MOTIONS


      On motion of Senator Jacobsen, Second Substitute Senate Bill No. 5104 was substituted for Substitute Senate Bill No. 5104 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Jacobsen, the rules were suspended, Second Substitute Senate Bill No. 5104 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued. 

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5104.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5104 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.

     Voting yea: Senators Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B.,Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 33.

       Voting nay: Senators Benton, Deccio, Hewitt, Honeyford, Horn, Johnson, McCaslin, McDonald, Morton, Roach, Rossi, Sheahan, Sheldon, T., Stevens,

West, and Zarelli - 16.

      SECOND SUBSTITUTE SENATE BILL NO. 5104, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.


MOTION


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


SENATE RESOLUTION 8738


By Senators Snyder and Hewitt


      WHEREAS, Pacific County’s Willapa Valley High School is located in Menlo, Washington, and

      WHEREAS, Established in 1937, this school of two hundred and twenty students is the home of the Vikings; and

      WHEREAS, The Willapa Valley High School Vikings have a history of sports excellence, winning State Football Titles in 1978, 1979 and 1996; and

      WHEREAS, The Willapa Valley Vikings Football Team – composed of Brandon Allan, Tip Wonhoff, Chris Bannish, Kelly McNamara, Josh Peterson, Wes Lane, Derek Rask, Phil Lane, Shawn Friese, Brian Wilson, Ronnie Black, Shane Raymond, Randy Blakley, Ryan Rutherford, Zach Kaech, Caleb Bogar, McKenzie Abel, Matt Padgett, Troy Chapman, Kalen Robinson, Aaron Wilson, Justin Pedrazzetti, Jim Padgett, Derek Vetter, Dan Babka, Mitch Majors, Russ Porter and Travis Pollard; head coach Rob Friese; and assistant coaches John Peterson, Greg Wonhoff, Dan Oppelt and Jamey Friese – finished the 2001 football season undefeated, with a 14-0 record; and

      WHEREAS, On December 2, 2001, rushing three hundred and six yards and scoring four touchdowns in the B-11 championship game, running back and defensive back, senior Brian Wilson, broke a twenty-six year old, eleven-man state championship record set in 1975; and

      WHEREAS, Brian Wilson was named The Associated Press’ state high school “Player of the Year” in the B-11 classification; and

      WHEREAS, On December 2, 2001, the Vikings captured their fourth state win in the B-11 Gridiron Classic Football Championship, beating the DeSales High School Fighting Irish, 39-18, at the Tacoma Dome; and

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor the Willapa Valley High School Vikings Football Team for winning the Washington B-11 Football Championship and congratulate the team on a stellar season; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Rob Friese, Coach of the Vikings Football Team and Principal of Willapa Valley High School.


      Senators Snyder, Johnson and Hewitt spoke to Senate Resolution 8738.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the members and coaches from the Willipa Valley High School Vikings Class B-11 State Champion Football Team, who were seated in the gallery.


MOTION


      On motion of Senator Eide, Senator Haugen was excused.


MOTION


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


SECOND READING


      SENATE BILL NO. 6061, by Senator Patterson

 

Requiring quarterly meetings of municipal firemen's pension boards.


      The bill was read the second time.


MOTION


      On motion of Senator Regala, the rules were suspended, Senate Bill No. 6061 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. 6061.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6061 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.

       Absent: Senator West - 1

       Excused: Senator Haugen - 1.

      SENATE BILL NO. 6061, 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. 6286, by Senators Long and Hargrove

 

Revising provisions relating to the time permitted for review by the indeterminate sentence review board of sex offenders who are sentenced to short sentences under RCW 9.94A.712.


MOTIONS


      On motion of Senator Long, Substitute Senate Bill No. 6286 was substituted for Senate Bill No. 6286 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 6286 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. 6286.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6286 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, 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. 6286, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      Senator Sheahan moved that the Senate advance to the ninth order of business.


PARLIAMENTARY INQUIRY


      Senator Kastama: “A parliamentary inquiry, Mr. President. I just need to know, Mr. President, whether this will require a vote of twenty-five or a simple majority of those present?”


REPLY BY THE PRESIDENT


      President Owen: “A majority of those present, Senator."

      Senator Kastama: “Thank you, Mr. President.”

      Senator Betti Sheldon demanded a roll call and the demand was sustained.

      The President declared the question before the Senate to be the roll call on the motion by Senator Sheahan to advance to the ninth order of business.


ROLL CALL


      The Secretary called the roll and the motion by Senator Sheahan to advance to the ninth order of business carried by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 25.

     Voting nay: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel and Thibaudeau - 24.


MOTION


      Senator Sheahan moved that Senate Bill No. 6403, which was on the second reading calendar, be referred to the Committee on Ways and Means.

      Debate ensued.


PARLIAMENTARY INQUIRY


      Senator Sheahan: "A parliamentary inquiry, Mr. President. How many votes does it take to pass this motion?"

 

REPLY BY THE PRESIDENT


      President Owen: "A majority of the members present, Senator."

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

      Further debate ensued.



PARLIAMENTARY INQUIRY


      Senator Winsley: “A point of parliamentary inquiry, Mr. President. Since the cut-off date has passed, if this bill is sent to Ways and Means, will Ways and Means have the authority to hear this bill and to take action now?"


REPLY BY THE PRESIDENT


      President Owen: “Senator Winsley, the President believes that as a rule all bills are not subject to being considered beyond the cutoff, unless, of course, it is necessary to implement the budget or unless the body would amend the cutoff resolution or possibly even under suspension of the rules or a waiver of the rules, which I am not sure. The President does not feel comfortable in ruling on this specific bill, without having it before us and knowing what the full content of it is. Unless it meets one of those stated criteria, it would not be able to be considered.”


      The President declared the question before the Senate to be the roll call on the motion by Senator Sheahan that Senate Bill No. 6403 be referred to the Committee on Ways and Means.


ROLL CALL


      The Secretary called the roll and the motion by Senator Sheahan carried by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 25.

     Voting nay: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel and Thibaudeau - 24.


      Senate Bill No. 6403 was referred to the Committee on Ways and Means.


MOTION


      On motion of Senator Honeyford, Senators Parlette and Swecker were excused.


MOTION


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


SECOND READING


      SENATE JOINT MEMORIAL NO. 8005, by Senators Fraser, Swecker, Spanel, Patterson, Thibaudeau, Hargrove, Gardner, Costa,

Prentice, Eide, Franklin, Regala, Jacobsen, Kline and Kohl-Welles

 

Petitioning Congress to strengthen vessel safety standards.


      The joint memorial was read the second time.


MOTION


      On motion of Senator Fraser, the rules were suspended, Senate Joint Memorial No. 8005 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8005.

      Debate ensued.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Joint Memorial No. 8005 and the joint memorial passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators Parlette and Swecker - 2.

      SENATE JOINT MEMORIAL NO. 8005, having received the constitutional majority, was declared passed.


PERSONAL PRIVILEGE


      Senator Long: “Mr. President, a point of personal privilege. I want to share with the members a newspaper that my brother-in-law gave me recently. It is dated February 13, 1949. On the cover, it says, ‘Your Legislature and how it works.’ It is really in remarkable condition and I brought it–I saved it for a week–to be bring it on February 13, 2002. Anyone who wants to look at it is welcome to do so. I think you will recognize some familiar names who went on to higher and greater achievements–and see the similarities as well--as to how this body still functions today. I am going to take it into our caucus when we have it and then I will be happy to share it with your side of the aisle as well. I thought you would be interested in it. Thank you, Mr. President. ”






STATEMENT FOR THE JOURNAL


      I sponsored Senate Joint Memorial No. 8007, an act requesting a specific designation for internet pornography websites and introduced the memorial for final passage on the floor today. Unfortunately, I was called away from the floor for an emergency and missed the vote on my own bill. Therefore, I would like to go on record as a ‘yes’ vote on Senate Joint Memorial No. 8007.

SENATOR PAULL SHIN, Twenty-first District

 

MOTION


      On motion of Senator Hewitt, Senators Hochstatter and Honeyford were excused.


SECOND READING


      SENATE JOINT MEMORIAL NO. 8007, by Senators Shin, Costa, Roach, Prentice, Rasmussen, Regala and Patterson

 

Requesting a specific domain designation for internet pornography websites.


      The joint memorial was read the second time.


MOTION


      On motion of Senator Shin, the rules were suspended, Senate Joint Memorial No. 8007 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8007.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Joint Memorial No. 8007 and the joint memorial passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 3; Excused, 4.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 42.

     Absent: Senators Kastama, Shin and Snyder - 3.

     Excused: Senators Hochstatter, Honeyford, Parlette and Swecker - 4.

      SENATE JOINT MEMORIAL NO. 8007, having received the constitutional majority, was declared passed.


MOTION


      On motion of Senator Eide, Senator Snyder was excused.


SECOND READING


      SENATE BILL NO. 6627, by Senators Costa, Long, Hargrove, Kline, Kohl-Welles and Winsley

 

Renaming, with regard to adult and juvenile offenders, "community service" as "community restitution."


      The bill was read the second time.


MOTION


      On motion of Senator Costa, the rules were suspended, Senate Bill No. 6627 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. 6627.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6627 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 43.

     Absent: Senator McCaslin - 1.

     Excused: Senators Hochstatter, Honeyford, Parlette, Snyder and Swecker - 5.

      SENATE BILL NO. 6627, 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, Senator McCaslin was excused.




SECOND READING


      SENATE BILL NO. 6469, by Senators Long, Costa, Hargrove and Winsley (by request of Department of Corrections, Indeterminate Sentence Review Board and Department of Social and Health Services)

 

Authorizing release of mental health services information to department of corrections.


      The bill was read the second time.


MOTION


      On motion of Senator Long, the rules were suspended, Senate Bill No. 6469 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. 6469.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6469 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 44.

     Excused: Senators Honeyford, McCaslin, Parlette, Snyder and Swecker - 5.

      SENATE BILL NO. 6469, 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. 6526, by Senators Keiser and Winsley (by request of Insurance Commissioner Kreidler)

 

Renewing contracts of insurance that are subject to RCW 48.18.290.


      The bill was read the second time.


MOTION


      On motion of Senator Keiser, the rules were suspended, Senate Bill No. 6526 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. 6526.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6526 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 45.

     Excused: Senators Honeyford, Parlette, Snyder and Swecker - 4.

      SENATE BILL NO. 6526, 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. 6283, by Senators Gardner, Swecker, T. Sheldon, Haugen and Rasmussen

 

Changing the monetary threshold for competitive bidding requirements for public hospital districts.


      The bill was read the second time.


MOTION


      On motion of Senator Gardner, the rules were suspended, Senate Bill No. 6283 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. 6283.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6283 and the bill passed the Senate by the following vote: Yeas, 42; Nays,5; Absent, 0; Excused, 2.





     Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Poulsen, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder , Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 42.

       Voting nay: Senators Benton, Johnson, McDonald, Roach and Rossi, - 5

     Excused: Parlette and Swecker - 2.

      SENATE BILL NO. 6283, 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. 6301, by Senators Oke, Jacobsen, Spanel, Snyder, Hargrove and Rasmussen( by request of Department of Fish and Wildlife)

 

Allowing the issuance of a group fishing permit to a facility.


MOTIONS


      On motion of Senator Oke, Substitute Senate Bill No. 6301 was substituted for Senate Bill No. 6301 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 6301 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. 6301.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6301 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators Parlette and Swecker - 2.

      SUBSTITUTE SENATE BILL NO. 6301, 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. 6293, by Senators Kline and Johnson

 

Hearing certain criminal actions by video or other electronic means.


      The bill was read the second time.


MOTION


      On motion of Senator Kline, the rules were suspended, Senate Bill No. 6293 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. 6293.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6293 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators Parlette and Swecker - 2.

      SENATE BILL NO. 6293, 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 Spanel, Senator Prentice was excused.


SECOND READING


      SENATE BILL NO. 5209, by Senators T. Sheldon, Swecker, Regala, Rossi, Prentice and Costa

 

Allowing federally recognized Indian tribes to buy surplus real property from the department of transportation.






MOTIONS


      On motion of Senator Gardner, Substitute Senate Bill No. 5209 was substituted for Senate Bill No. 5209 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Tim Sheldon, the rules were suspended, Substitute Senate Bill No. 5209 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. 5209.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5209 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Poulsen, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 46.

     Excused: Senators Parlette, Prentice and Swecker - 3.

      SUBSTITUTE SENATE BILL NO. 5209, 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.


INTRODUCTION OF SPECIAL GUEST


      The President welcomed and introduced Elizabeth Kohl, the mother of Senator Kohl-Welles, and wished her a happy eighty-sixth birthday.


MOTION


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


THIRD READING


      SENATE JOINT MEMORIAL NO. 8023, by Senators Hale, Fraser, Eide, Regala and Roach

 

Requesting full funding for the cleanup of the Hanford Reservation.


MOTIONS


      On motion of Senator Hale, the rules were suspended, Senate Joint Memorial 8023 was returned to second reading and read the second time.

      On motion of Senator Hale, the following amendment was adopted:

       On page 2, line 6, after "fiscal year" strike "2002" and insert "2003"


MOTION


      On motion of Senator Hale, the rules were suspended, Engrossed Senate Joint Memorial No. 8023 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Joint Memorial No 8023.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Joint Memorial No. 8023 and the joint memorial passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 46.

     Absent: Senator Hargrove - 1.

     Excused: Senators Parlette and Swecker - 2.

      ENGROSSED SENATE JOINT MEMORIAL NO. 8023, having received the constitutional majority, was declared passed.


MOTION


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


SECOND READING


      SENATE BILL NO. 5162, by Senators Benton, Finkbeiner, Johnson, Oke, Hale, Parlette, West, Rossi and Long

 

Allowing private entities to operate state-owned safety rest areas.




MOTIONS


      On motion of Senator Benton, Second Substitute Senate Bill No. 5162 was substituted for Senate Bill No. 5162 and the second substitute bill was placed on second reading and read the second time.

      Senator Fraser moved that the following amendments by Senator Fraser, Benton and Haugen be considered simultaneously and be adopted:

      On page 2, line 22, after "agreement;" insert the following: "(d) The proponent shall negotiate with the department of services for the blind to provide vending machines at the demonstration project."

       On page 2, line 33, strike "and 74.18.220"

       On page 3, line 26, after "system" strike "and 20 U.S.C. 107 regarding vending machines at safety rest areas"

       Renumber the sections consecutively and correct any internal references accordingly.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senators Fraser, Benton and Haugen on page 2, lines 22 and 33, and page 3, line 26, to Second Substitute Senate Bill No. 5162.

      The motion by Senator Fraser carried and the amendments were adopted.


MOTION


      On motion of Senator Benton, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5162 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5162.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5162 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 12; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Carlson, Deccio, Eide, Fairley, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Stevens, West, Winsley and Zarelli - 36.

     Voting nay: Senators Brown, Costa, Franklin, Fraser, Gardner, Jacobsen, Keiser, Kline, Regala, Sheldon, B., Spanel and Thibaudeau - 12.

     Excused: Senator Swecker - 1.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5162, 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 Johnson was excused.


SECOND READING


      SENATE BILL NO. 6709, by Senators Eide, Costa, Rasmussen, Thibaudeau, Prentice, Fraser, Kohl-Welles, McAuliffe, Haugen and Keiser

 

Addressing service and education planning for children in out-of-home care.


      The bill was read the second time.


MOTION


      On motion of Senator Eide, the rules were suspended, Senate Bill No. 6709 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. 6709.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6709 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators Johnson and Swecker - 2.

      SENATE BILL NO. 6709, 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, Rule 15 will be suspended through the cut-off date, Tuesday, February 19, 2002.





      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


      On motion of Senator Hewitt, Senator Deccio was excused.


SECOND READING


      SENATE BILL NO. 5626, by Senators Rasmussen, Oke, Swecker, Winsley, Snyder, Shin, Roach, Patterson, McAuliffe and Benton (by request of Joint Select Committee on Veterans' and Military Affairs)

 

Modifying the definition of veteran.


      The bill was read the second time.


MOTION


      On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 5626 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. 5626.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5626 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 30.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 44.

       Voting nay: Senators McCaslin, and Morton - 2.

     Excused: Senators Deccio, Johnson and Swecker - 3.

      SENATE BILL NO. 5626, having received t3e constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


NOTICE FOR RECONSIDERATION


      Having voted on the prevailing side, Senator Benton served notice that he would move to reconsider the vote by which Senate Bill No. 5626 passed the Senate.



SECOND READING


      SENATE JOINT MEMORIAL NO. 8026, by Senators Fraser, Honeyford and Regala

 

Requesting increased borrowing authority for the Bonneville Power Administration.


MOTIONS


      On motion of Senator Fraser, Senate Joint Memorial No. 8026 was substituted for Senate Joint Memorial No. 8026 and the substitute joint memorial was placed on second reading and read the second time.

      On motion of Senator Fraser, the rules were suspended, Substitute Senate Joint Memorial No. 8026 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Joint Memorial No. 8026.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Joint Memorial No. 8026 and the joint memorial passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 0; Excused, 2.

     Voting yea: Senators Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Zarelli - 42.

     Voting nay: Senators Benton, Deccio, Hochstatter, McCaslin and Stevens - 5.

     Excused: Senators Johnson and Swecker - 2.

      SUBSTITUTE SENATE JOINT MEMORIAL NO. 8026, having received the constitutional majority, was declared passed.





SECOND READING


      SENATE BILL NO. 5670, by Senators Costa, Kline, Long, Hargrove, Prentice, Thibaudeau, Eide, Regala, Shin, Franklin, Patterson and Jacobsen

 

Changing provisions relating to operating a vessel while under the influence of intoxicating liquor or any drug.


MOTIONS


      On motion of Senator Costa, Substitute Senate Bill No. 5670 was substituted for Senate Bill No. 5670 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Costa, the following amendments by Senators Costa, Hargrove and McCaslin were considered simultaneously and were adopted:

       On page 3, line 12, after "gross misdemeanor" insert "punishable under section 5 of this act if the person was operating, at the time of the violation, a vessel equipped with a motor or other propulsion machinery of more than two horsepower, or any sailboat; and a misdemeanor punishable under RCW 9.92.030 if the person was operating, at the time of the violation, any other vessel. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense"

       On page 4, line 28, after "of a" insert "gross misdemeanor"

       On page 6, line 3, after "of a" insert "gross misdemeanor"

       On page 7, line 13, after "of a" insert "gross misdemeanor"


MOTION


      On motion of Senator Costa, the rules were suspended, Engrossed Substitute Senate Bill No. 5670 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      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. 5670.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5670 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 45.

     Voting nay: Senators Finkbeiner, Hochstatter and Morton - 3.

     Excused: Senator Swecker - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5670, 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, Senator McCaslin was excused.


SECOND READING


      SENATE BILL NO. 6402, by Senators Costa, Long, Thibaudeau and Kline

 

Providing for legal financial obligation deductions from inmate funds and wages.


MOTIONS


      On motion of Senator Costa, Substitute Senate Bill No. 6402 was substituted for Senate Bill No. 6402 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. 6402 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. 6402.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6402 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators McCaslin and Swecker - 2.

      SUBSTITUTE SENATE BILL NO. 6402, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


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


THIRD READING


      SUBSTITUTE SENATE BILL NO. 6076, by Senate Committee on Judiciary

 

Providing for legal financial obligation deductions from inmate funds and wages.


MOTION


      On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 6076 was returned to second reading and read the second time.


MOTION


      Senator Kline moved that the following amendment by Senators Kline and Oke be adopted:

       On page 14, after line 3, insert the following:

       Sec. 5. RCW 77.15.096 and 2001 c 253 s 26 are each amended to read as follows:

        Fish and wildlife officers may inspect without warrant at reasonable times and in a reasonable manner the premises, containers, fishing equipment, fish, seaweed, shellfish, and wildlife, and records required by the department of any commercial fisher or wholesale dealer or fish buyer. Fish and wildlife officers may similarly inspect without warrant the premises, containers, fishing equipment, fish, shellfish, and wildlife, and records required by the department of any shipping agent or other person placing or attempting to place fish, shellfish, or wildlife into interstate commerce, any cold storage plant that the department has probable cause to believe contains fish, shellfish, or wildlife, or of any taxidermist or fur buyer. Fish and wildlife officers may inspect without warrant the records required by the department of any retail outlet selling fish, shellfish, or wildlife, and, if the officers have probable cause to believe a violation of this title or rules of the commission has occurred, they may inspect without warrant the premises, containers, and fish, shellfish, and wildlife of any retail outlet selling fish, shellfish, or wildlife. Authority granted under this section does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution.

 

MOTION

 

      On motion of Senator Betti Sheldon, further consideration of Substitute Senate Bill No. 6076 was deferred.

 

MOTION

 

      At 12:01 p.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:01 p.m.

 

      The Senate was called to order at 1:03 p.m. by President Owen.

 

MOTION

 

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

 

MOTIONS

 

      On motion of Senator Hewitt, Senators Deccio and Roach were excused.

      On motion of Senator Eide, Senators Haugen, Kline, Tim Sheldon and Thibaudeau were excused.

 

SECOND READING

 

      SENATE BILL NO. 6409, by Senators Prentice, Hargrove, Johnson, Rossi, Rasmussen, Honeyford, Gardner, Finkbeiner and Hale

 

Requiring an opportunity for a cure before an action on a construction defect may be filed.

 

MOTIONS

 

      On motion of Senator Prentice, Substitute Senate Bill No. 6409 was substituted for Senate Bill No. 6409 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. 6409 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. 6409.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6409 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, West, Winsley and Zarelli - 41.

     Absent: Senator Hargrove - 1.

     Excused: Senators Deccio, Haugen, Kline, Roach, Sheldon, T., Swecker and Thibaudeau - 7.

      SUBSTITUTE SENATE BILL NO. 6409, 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 Hargrove was excused.

 

SECOND READING

 

      SENATE BILL NO. 6395, by Senators Rasmussen, Winsley, Hewitt, Gardner, Honeyford, Prentice, Haugen, Regala, Hochstatter, McAuliffe and Hale

 

Allowing certain employees to handle beer or wine.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 6395 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. 6395.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6395 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, West, Winsley and Zarelli - 42.

     Excused: Senators Deccio, Hargrove, Kline, Roach, Sheldon, T., Swecker and Thibaudeau - 7.

      SENATE BILL NO. 6395, 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. 6769, by Senators Honeyford, Prentice, Rasmussen and Hochstatter

 

Concerning sheepherder housing.

 

      The bill was read the second time.

MOTION

 

      Senator Honeyford moved that the following striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 70.114A.020 and 1999 c 374 s 6 are each amended to read as follows:

        The definitions in this section apply throughout this chapter.

       (1) "Agricultural employee" means any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity.

       (2) "Agricultural employer" means any person engaged in agricultural activity, including the growing, producing, or harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes but is not limited to the planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities. For the purposes of mobile housing for range sheepherders, the term "agricultural employer" does not include persons engaged in the business of sheepherding.

       (3) "Department" means the department of health.

       (4) "Dwelling unit" means a shelter, building, or portion of a building, that may include cooking and eating facilities, that is:

       (a) Provided and designated by the operator as either a sleeping area, living area, or both, for occupants; and

       (b) Physically separated from other sleeping and common-use areas.

       (5) "Enforcement" and "enforcement actions" include the authority to levy and collect fines.

       (6) "Facility" means a sleeping place, drinking water, toilet, sewage disposal, food handling installation, or other installations required for compliance with this chapter.

       (7) "Occupant" means a temporary worker or a person who resides with a temporary worker at the housing site.

       (8) "Operator" means a person holding legal title to the land on which temporary worker housing is located. However, if the legal title and the right to possession are in different persons, "operator" means a person having the lawful control or supervision over the temporary worker housing under a lease or other arrangement.

       (9) "Temporary worker" means an agricultural employee employed intermittently and not residing year-round at the same site.

       (10) "Temporary worker housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for his or her agricultural employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy.

       NEW SECTION. Sec. 2. A new section is added to chapter 49.17 RCW to read as follows:

       For the purposes of mobile housing for range sheepherders, the department shall not enforce standards exceeding the minimum applicable requirements for such housing found in standards adopted by the United States department of labor."

       Renumber the sections consecutively and correct any internal references accordingly.

 

POINT OF INQUIRY

 

      Senator Prentice: “Senator Honeyford, your amendment directs Labor and Industries to enforce the applicable federal requirements for mobile housing for range sheepherders. Where are those standards found?”

      Senator Honeyford: “They are currently found in the United States Department of Labor Employment and Training Administration Field Memorandum No. 24-01. That memorandum is updated periodically, and I have handed out the applicable part of the most recent memorandum.”

      Senator Prentice: “Are these the same standards that apply to other temporary housing?”

      Senator Honeyford: “No, the Department of Labor has recognized the unique occupation characteristics of sheepherding–spending extended periods of time grazing herds of sheep in isolated mountainous terrain; being on call to to protect flocks from predators twenty-four hours a day, seven days a week–and has provided special housing standards for mobile housing for range sheepherders.”

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Honeyford to Senate Bill No. 6769.

      The motion by Senator Honeyford carried and the striking amendment was adopted.

 

MOTION

 

      On motion of Senator Honeyford, the rules were suspended, Engrossed Senate Bill No. 6769 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. 6769.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6769 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, West, Winsley and Zarelli - 44.

    Excused: Senators Hargrove, Kline, Sheldon, T., Swecker and Thibaudeau - 5.

      ENGROSSED SENATE BILL NO. 6769, 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. 6430, by Senators Zarelli, McAuliffe and Oke

 

Authorizing issuance of high school diplomas to World War II veterans who were both honorably discharged and left high school before graduation to serve in World War II.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Zarelli, the rules were suspended, Senate Bill No. 6430 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. 6430.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6430 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 45.

     Excused: Senators Hargrove, Kline, Sheldon, T. and Swecker - 4.

      SENATE BILL NO. 6430, 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 Fairley was excused.

 

SECOND READING

 

      SENATE BILL NO. 6282, by Senators Horn, Haugen, B. Sheldon, Costa, Morton, Honeyford, Hale, Stevens, Finkbeiner and Oke)

 

Allowing private motorcycle skills courses.

 

MOTIONS

 

      On motion of Senator Horn, Substitute Senate Bill No. 6282 was substituted for Senate Bill No. 6282 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 6282 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. 6282.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6282 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 45.

     Excused: Senators Fairley, Kline, Sheldon, T. and Swecker - 4.

      SUBSTITUTE SENATE BILL NO. 6282, 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. 6429, by Senators B. Sheldon, Johnson, Kline, Costa, McCaslin, Gardner, Long and Winsley (by request of Governor Locke and Attorney General Gregoire)

 

Regulating the admissibility of benevolent gestures in civil actions.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Kline, the rules were suspended, Senate Bill No. 6429 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. 6429.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6429 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 46.

     Excused: Senators Fairley, Sheldon, T. and Swecker - 3.

      SENATE BILL NO. 6429, 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. 6233, by Senators Rasmussen, Long, Shin, Kastama, Franklin, Winsley, Spanel, Swecker, Regala and McAuliffe

 

Clarifying references to ephedrine, pseudoephedrine, and ammonia.

 

MOTIONS

 

      On motion of Senator Rasmussen, Substitute Senate Bill No. 6233 was substituted for Senate Bill No. 6233 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 6233 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. 6233.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6233 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West and Winsley - 46.

     Absent: Senator Zarelli - 1.

     Excused: Senators Fairley and Swecker - 2.

      SUBSTITUTE SENATE BILL NO. 6233, 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. 6034, by Senators Fraser and Finkbeiner

 

Revising state wireless enhanced 911 excise taxes.

 

MOTIONS

 

      On motion of Senator Fraser, Second Substitute Senate Bill No. 6034 was substituted for Senate Bill No. 6034 and the second substitute bill was placed on second reading and read the second time.

      Senator West moved that the following amendment by Senators West, McCaslin, Finkbeiner and Tim Sheldon be adopted:

       On page 5, line 19, after "RCW 82.14B.030(2)", insert "or to any unit of local government where a moratorium on the siting of radio communications facilities is being imposed by that government."

 

POINT OF ORDER

 

      Senator Fraser: “Mr. President, a point of order. I believe that this amendment exceeds the scope and object of the bill. I believe it exceeds the scope and object for two reasons. First of all, the purpose of the bill, as was quite well explained, is to increase the tax on wireless phones for the purposes of improving the capability of enhanced 911 services for wireless users. That is the basic purpose of the bill. The reason that I believe the amendment exceeds the scope and object is, first of all, the amendment refers to siting of radio communication facilities. Now, this could be a private radio tower, not just a cell phone tower, and I am advised that a cell phone tower is a ‘commercial mobile radio system.’ So, I think the amendment inserts a subject that is irrelevant to the main purpose of the bill and, therefore, is another subject.

      “Secondly, the bill deals with distribution of money. The amendment deals with preventing distribution of money.”

 

MOTION

 

      On motion of Senator Betti Sheldon, further consideration of Second Substitute Senate Bill No. 6034 was deferred.

 

MOTION

 

      At 2:00 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

 

      The Senate was called to order at 4:36 p.m. by President Owen.

 

SECOND READING

 

      SENATE BILL NO. 6422, by Senators Costa and McCaslin

 

Defining "property of another" for purposes of crimes against property.

 

MOTIONS

 

      On motion of Senator Gardner, Substitute Senate Bill No. 6422 was substituted for Senate Bill No. 6422 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. 6422 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. 6422.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6422 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, 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. 6422, 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 West was excused.

 

SECOND READING

 

      SENATE BILL NO. 6529, by Senators Gardner and Haugen

 

Modifying the time period for holding elections to fill vacancies.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Gardner, the rules were suspended, Senate Bill No. 6529 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. 6529.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6529 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.

     Excused: Senator West - 1.

      SENATE BILL NO. 6529, 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. 6691, by Senator Spanel

 

Authorizing five-member port commissions to have five commissioner districts.

 

MOTION

 

      On motion of Senator Spanel, the rules were suspended, Senate Bill No. 6691 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. 6691.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6691 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 45.

     Voting nay: Senators Deccio, McDonald and Morton - 3.

     Excused: Senator West - 1.

       SENATE BILL NO. 6691, 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. 6465, by Senators Carlson, Gardner and Benton

 

Revising limitations on county auditors.

 

      The bill was read the second time.

MOTION

 

      On motion of Senator Gardner, the rules were suspended, Senate Bill No. 6465 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. 6465.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6465 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.

     Excused: Senator West - 1.

      SENATE BILL NO. 6465, 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. 6351, by Senators Haugen, McAuliffe, Finkbeiner, Rasmussen, Hochstatter, Stevens, Eide, Kohl-Welles, Keiser and Oke

 

Requiring notification policies regarding threats at schools.

 

MOTIONS

 

      On motion of Senator McAuliffe, Substitute Senate Bill No. 6351 was substituted for Senate Bill No. 6351 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 6351 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. 6351.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6351 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.

     Excused: Senator West - 1.

      SUBSTITUTE SENATE BILL NO. 6351, 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. 5480, by Senators Fairley, McAuliffe, Eide, Rasmussen, Long, Thibaudeau, Kline, Franklin, Kohl-Welles, Regala and McCaslin

 

Creating the relative caregiver program.

 

MOTIONS

 

      On motion of Senator Costa, Second Substitute Senate Bill No. 5480 was substituted for Senate Bill No. 5480 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Costa, the rules were suspended, Second Substitute Senate Bill No. 5480 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5480.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5480 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.

     Excused: Senator West - 1.

      SECOND SUBSTITUTE SENATE BILL NO. 5480, 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. 6626, by Senators Kohl-Welles, Carlson, Shin, Jacobsen, Parlette, Horn, B. Sheldon and McAuliffe

 

Requiring the Washington state institute for public policy to review and evaluate whether branch campuses are fulfilling their intended role.

 

MOTIONS

 

      On motion of Senator Kohl-Welles, Substitute Senate Bill No. 6626 was substituted for Senate Bill No. 6626 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. 6626 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. 6626.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6626 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 42.

     Voting nay: Senators Deccio, Finkbeiner, Hochstatter, McCaslin, McDonald and Morton - 6.

     Excused: Senator West - 1.

      SUBSTITUTE SENATE BILL NO. 6626, 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 Prentice was excused.

 

SECOND READING

 

      SENATE BILL NO. 6287, by Senators Long and Hargrove

 

Clarifying the status of persons who commit criminal offenses while civilly detained or committed under chapter 71.09 RCW.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Long, the rules were suspended, Senate Bill No. 6287 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. 6287.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6287 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.

     Absent: Senator Deccio - 1.

     Excused: Senators Prentice and West - 2.

      SENATE BILL NO. 6287, 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. 6530, by Senators Rasmussen, Haugen, Long, Hale and Winsley

 

Adjusting the definition of salvage vehicles.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 6530 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. 6530.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6530 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.

     Excused: Senator West - 1.

      SENATE BILL NO. 6530, 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. 6267, by Senators Johnson and Kline

 

Revising the principal and income act.

 

MOTIONS

 

      On motion of Senator Kline, Substitute Senate Bill No. 6267 was substituted for Senate Bill No. 6267 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 6267 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. 6267.

 

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6267 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.

     Absent: Senator Hargrove - 1.

     Excused: Senator West - 1.

      SUBSTITUTE SENATE BILL NO. 6267, 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. 6596, by Senators McCaslin, Brown, Long, Sheahan, Johnson, Kline, Roach and West

 

Increasing the number of Spokane district court judges.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Kline, the rules were suspended, Senate Bill No. 6596 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. 6596.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6596 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.

    Excused: Senator West - 1.

      SENATE BILL NO. 6596, 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. 6316, by Senators Kastama, Horn, Prentice, Johnson, Eide, Finkbeiner, McCaslin, McDonald, Swecker, Jacobsen, Fairley, Oke, Costa, Thibaudeau, Morton and Benton

 

Regulating electric personal assistive mobility devices.

 

MOTION

 

      On motion of Senator Kastama, the bill was not substituted.

 

      The bill was read the second time

 

MOTION

 

      Senator Kastama moved that the following striking amendment by Senators Kastama and Horn be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 46.04 RCW to read as follows:

       "Electric personal assistive mobility device" (EPAMD) means a self-balancing device with two wheels not in tandem, designed to transport only one person by an electric propulsion system with an average power of seven hundred fifty watts (one horsepower) having a maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator weighing one hundred seventy pounds, of less than twenty miles per hour.

       Sec. 2. RCW 46.04.320 and 1961 c 12 s 46.04.320 are each amended to read as follows:

       "Motor vehicle" shall mean every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. An electric personal assistive mobility device is not considered a motor vehicle.

       Sec. 3. RCW 46.04.330 and 1990 c 250 s 20 are each amended to read as follows:

       "Motorcycle" means a motor vehicle designed to travel on not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and is designed to be steered with a handle bar, but excluding a farm tractor, an electric personal assistive mobility device, and a moped.

       The Washington state patrol may approve of and define as a "motorcycle" a motor vehicle that fails to meet these specific criteria, but that is essentially similar in performance and application to motor vehicles that do meet these specific criteria.

       Sec. 4. RCW 46.04.332 and 1979 ex.s. c 213 s 3 are each amended to read as follows:

       "Motor-driven cycle" means every motorcycle, including every motor scooter, with a motor ((which)) that produces not to exceed five brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft). A motor-driven cycle does not include a moped or an electric personal assistive mobility device.

 

       Sec. 5. RCW 46.04.670 and 1994 c 262 s 2 are each amended to read as follows:

       "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks. Mopeds shall not be considered vehicles or motor vehicles for the purposes of chapter 46.70 RCW. Bicycles shall not be considered vehicles for the purposes of chapter 46.12, 46.16, or 46.70 RCW. Electric personal assistive mobility devices are not considered vehicles or motor vehicles for the purposes of chapter 46.12, 46.16, 46.29, 46.37, or 46.70 RCW.

       Sec. 6. RCW 46.20.500 and 1999 c 274 s 8 are each amended to read as follows:

       (1) No person may drive a motorcycle or a motor-driven cycle unless such person has a valid driver's license specially endorsed by the director to enable the holder to drive such vehicles.

       (2) However, a person sixteen years of age or older, holding a valid driver's license of any class issued by the state of the person's residence, may operate a moped without taking any special examination for the operation of a moped.

       (3) No driver's license is required for operation of an electric-assisted bicycle if the operator is at least sixteen years of age. Persons under sixteen years of age may not operate an electric-assisted bicycle.

       (4) No driver's license is required to operate an electric personal assistive mobility device.

       Sec. 7. RCW 46.61.710 and 1997 c 328 s 5 are each amended to read as follows:

       (1) No person shall operate a moped upon the highways of this state unless the moped has been assigned a moped registration number and displays a moped permit in accordance with the provisions of RCW 46.16.630.

       (2) Notwithstanding any other provision of law, a moped may not be operated on a bicycle path or trail, bikeway, equestrian trail, or hiking or recreational trail.

       (3) Operation of a moped, electric personal assistive mobility device, or an electric-assisted bicycle on a fully controlled limited access highway ((or on a sidewalk)) is unlawful. Operation of a moped or an electric-assisted bicycle on a sidewalk is unlawful.

       (4) Removal of any muffling device or pollution control device from a moped is unlawful.

       (5) Subsections (1), (2), and (4) of this section do not apply to electric-assisted bicycles. Electric-assisted bicycles may have access to highways of the state to the same extent as bicycles. Electric-assisted bicycles may be operated on a multipurpose trail or bicycle lane, but local jurisdictions may restrict or otherwise limit the access of electric-assisted bicycles.

       (6) A person operating an electric personal assistive mobility device (EPAMD) shall obey all speed limits and shall yield the right-of-way to pedestrians and human-powered devices at all times. An operator must also give an audible signal before overtaking and passing a pedestrian. Except for the limitations of this subsection, persons operating an EPAMD have all the rights and duties of a pedestrian.

       (7) The use of an EPAMD may be regulated in the following circumstances:

       (a) A municipality and the department of transportation may prohibit the operation of an EPAMD on public highways within their respective jurisdictions where the speed limit is greater than twenty-five miles per hour;

       (b) A municipality may restrict the speed of an EPAMD in locations with congested pedestrian or nonmotorized traffic and where there is significant speed differential between pedestrians or nonmotorized traffic and EPAMD operators. The areas in this subsection must be designated by the city engineer or designee of the municipality. Municipalities shall not restrict the speed of an EPAMD in the entire community or in areas in which there is infrequent pedestrian traffic.

       (8) The restrictions in subsection (7) of this section are the only restrictions a municipality may impose on the operation of an EPAMD.

       Sec. 8. RCW 35.75.020 and 1965 c 7 s 35.75.020 are each amended to read as follows:

       It shall be unlawful for any person to lead, drive, ride, or propel any team, wagon, animal, or vehicle other than a bicycle, electric personal assistive mobility device, or similar vehicle upon and along any bicycle path constructed within or without the corporate limits of any city or town excepting at suitable crossings to be provided in the construction of such paths. Any person violating the provisions of this section shall be guilty of a misdemeanor.

       NEW SECTION. Sec. 9. The legislature shall review the provisions of this act and make any necessary changes by July 1, 2005."

      Debate ensued.

 

POINT OF INQUIRY

 

      Senator Hargrove: “Senator Kastama, on the top of page 4, lines 1 and 2, it says’ Municipalities shall not restrict the speed of an EPAMD in the entire community or in areas in which there is infrequent pedestrian traffic.’ Does the bill contain a definition of infrequent pedestrian traffic and what would be the recourse for the city if they decided that all of their area had enough pedestrian traffic to want to prohibit this?”

      Senator Kastama: “Senator, actually, we took the guidelines here out of current regulations that exist for bicycles, etc., that other cities do look for as model statutes. We used the exact same language. The terminologies do matter; they do mean something as we address other situations, such as bicycles. As far as the entire city, what we are saying here is that we can’t imagine that an entire city like Seattle would be considered congested. Instead, there are just certain areas where you have congested traffic–pedestrian traffic–where this would apply. You can’t say that an entire city would be congested.”

      Senator Hargrove: “I understand that. What is the definition of that?”

      Senator Kastama: “Well, this is common terminology that traffic engineers do use in cities. I don’t know the exact definition myself. We were very careful in structuring this in a way that this is not new terminology, but instead terminology that currently exists in cities to regulate things such as bicycles and other things--non motorized transportation.”

      Further debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kastama and Horn to Senate Bill No. 6316 .

      The motion by Senator Kastama carried and the striking amendment was adopted.

 

MOTIONS

 

      On motion of Senator Kastama, the following title amendment was adopted:

       On line 1 of the title, after "devices;" strike the remainder of the title and insert "amending RCW 46.04.320, 46.04.330, 46.04.332, 46.04.670, 46.20.500, 46.61.710, and 35.75.020; adding a new section to chapter 46.04 RCW; and creating a new section."

      On motion of Senator Kastama, the rules were suspended, Engrossed Senate Bill No. 6316 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6316.

 

 

 

 

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6316 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 40.

     Voting nay: Senators Carlson, Hargrove, Hewitt, Hochstatter, Honeyford, Morton, Parlette, Sheldon, T. and Spanel - 9.

      ENGROSSED SENATE BILL NO. 6316, 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 Costa, the Senate advanced to the seventh order of business.

 

THIRD READING

 

      SUBSTITUTE SENATE BILL NO. 5329, by Senate Committee on Labor, Commerce and Financial Institutions (originally sponsored by Senators Costa, Fairley, Hargrove, Kline, Gardner, Eide, Kohl-Welles and Prentice)

 

Allowing crime victims employment leave.

 

MOTIONS

 

      On motion of Senator Costa, the rules were suspended, Substitute Senate Bill No. 5329 was returned to second reading and read the second time.

      On motion of Senator Costa, the following amendment by Senator Prentice was adopted:

       On page 4, line 24, after "September 1," strike "2001" and insert "2002"

 

MOTION

 

      On motion of Senator Costa, the rules were suspended, Engrossed Substitute Senate Bill No. 5329 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

 

POINT OF INQUIRY

 

      Senator Benton: “Senator Costa, is this bill applied to state government as an employer?”

      Senator Costa: “It would apply to all employers and the Department of Labor and Industry is mandated in the bill to develop posters in their next reprinting of employment posters to print this notice.”

      Senator Benton: “So, all–everybody here–all of state government–it would affect every employer in the state?”

      Senator Costa: “That is correct.”

      Senator Benton: “Is there a fiscal note and did this bill go to Ways and Means, in terms of what the cost would be to the state of Washington–if we pass this bill?”

      Senator Costa: “No, it did not go to Ways and Means. Again, we do already provide leave for jury duty; that’s mandatory. We also provide leave for those who are on military active duty–reserves that are called up to active duty. So, it would actually have less of an impact than either of those two leaves. Additionally, again, we are talking about maybe two hours here, an hour there, three here or there. Sometimes, those can be made up with shift work. Unfortunately, some employers have not allowed that to happen.”

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5329.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5329 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 22; Absent, 1; Excused, 0.

     Voting yea: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Winsley - 26.

     Voting nay: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 22.

     Absent: Senator Sheldon, T. - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5329, 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 Gardner: “A point of personal privilege, Mr. President. I think it is inappropriate for a member to speak about another member inferring that the first member knows what the second member thinks or does not think, does or does not do. I think that we need to just talk about our own experiences. Thank you.”

 

 

 

 

 

THIRD READING

 

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5112, by Senate Committee on Transportation (originally sponsored by Senators Costa, Swecker, Fairley, Oke, Gardner, Haugen, Eide, Kohl-Welles and Patterson)

 

Applying child restraint system laws to children up to eight years of age or eighty pounds.

 

MOTION

 

      On motion of Senator Costa, the rules were suspended, Engrossed Substitute Senate Bill No. 5112 was returned to second reading and read the second time.

 

MOTION

 

      Senator Costa moved that the following striking amendment by Senators Costa, Hargrove and Swecker be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 46.61.687 and 2000 c 190 s 2 are each amended to read as follows:

       (1) Enforcement of subsection (2) of this section is subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the child's individual height, weight, and age. The visual inspection for usage of a child car seat must ensure that the seat in use is equipped with a harness system. The visual inspection for usage of a booster seat must ensure that the seat belt properly fits across the child's lap and the shoulder strap crosses the center of the child's chest. The visual inspection for usage of a seat belt by a child must ensure that the lap belt properly fits across the child's lap and the shoulder strap crosses the center of the child's chest. In determining violations, consideration to the criteria in this subsection must be given in conjunction with the provisions of subsection (2) of this section.

       (2) Whenever a child who is less than sixteen years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37.510 to be equipped with a safety belt system in a passenger seating position, the driver of the vehicle shall keep the child properly restrained as follows:

       (a) If the child is less than ((six)) eight years old ((and/or sixty pounds)) and less than four feet nine inches in height and the passenger seating position equipped with a safety belt system allows sufficient space for installation, then the child will be restrained in a child restraint system that complies with standards of the United States department of transportation and that is secured in the vehicle in accordance with instructions of the manufacturer of the child restraint system;

       (b) If the child is less than one year of age or weighs less than twenty pounds, the child shall be properly restrained in a rear-facing ((infant)) child car seat;

       (c) If the child is more than one but less than four years of age or weighs less than forty pounds but at least twenty pounds, the child shall be properly restrained in a forward-facing child ((safety)) car seat ((restraint system));

       (d) If the child is less than ((six)) eight but at least four years of age ((or weighs)) and less than ((sixty pounds)) four feet nine inches in height but at least forty pounds, the child shall be properly restrained in a child booster seat; and

       (e) If the child is ((six)) eight years of age or older or ((weighs)) more than ((sixty pounds)) four feet nine inches in height, the child shall be properly restrained with the motor vehicle's safety belt properly adjusted and fastened around the child's body or an appropriately fitting booster seat((; and

       (f) Enforcement of (a) through (e) of this subsection is subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the child's individual height, weight, and age. The visual inspection for usage of a forward facing child safety seat must ensure that the seat in use is equipped with a four-point shoulder harness system. The visual inspection for usage of a booster seat must ensure that the seat belt properly fits across the child's lap and the shoulder strap crosses the center of the child's chest. The visual inspection for the usage of a seat belt by a child must ensure that the lap belt properly fits across the child's lap and the shoulder strap crosses the center of the child's chest. In determining violations, consideration to the above criteria must be given in conjunction with the provisions of (a) through (e) of this subsection)).

       (3) The driver of a vehicle transporting a child who is under the age of ((six)) eight years old ((or weighs)) and less than ((sixty pounds)) four feet nine inches in height, when the vehicle is equipped with a passenger side air bag supplemental restraint system, and the air bag system is activated, shall transport the child in the back seat positions in the vehicle where it is practical to do so.

       (((2))) (4) A person violating subsection (((1)(a) through (e))) (2) of this section may be issued a notice of traffic infraction under chapter 46.63 RCW. If the person to whom the notice was issued presents proof of acquisition of an approved child passenger restraint system or a child booster seat, as appropriate, within seven days to the jurisdiction issuing the notice and the person has not previously had a violation of this section dismissed, the jurisdiction shall dismiss the notice of traffic infraction.

       (((3))) (5) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian; nor shall failure to use a child restraint system be admissible as evidence of negligence in any civil action.

       (((4))) (6) This section does not apply to: (a) For hire vehicles, (b) vehicles designed to transport sixteen or less passengers, including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, (c) vehicles providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals, and (d) school buses.

       (((5))) (7) As used in this section "child booster seat" means a child passenger restraint system that meets the Federal Motor Vehicle Safety Standards set forth in 49 HC.F.R. 571.213 that is designed to elevate a child to properly sit in a federally approved lap/shoulder belt system.

       (((6))) (8) The requirements of subsection (((1)(a) through (e))) (2) of this section do not apply in any seating position where there is only a lap belt available and the child weighs more than forty pounds.

       (9) A person, including but not limited to a volunteer provider of services, who without compensation, renders inspection, adjustment, or educational services regarding child passenger restraint systems is not liable for civil damages from any act or omission in rendering the services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.

       NEW SECTION. Sec. 2. This act takes effect July 1, 2002."

 

MOTION

 

      Senator Morton moved that the following amendment to the striking amendment be adopted:

       On page 1, line 19 of the amendment, after "chest" insert the following:

       "Enforcement of subsection (2) of this section is subject to verification by certified mechanical or electronic scales, of a child's weight. Officers shall maintain certified mechanical or electronic scales with their vehicles for purposes of determining a child's weight under this section."

       Renumber the sections consecutively and correct any internal references accordingly.

      Debate ensued.

 

 

 

POINT OF CLARIFICATION

 

      Senator Morton: “A point of clarification, Mr. President. Perhaps I have the wrong striking amendment on my desk. The one that I have by numbers appears to be the striker. It says, ‘striker.’ It says, ‘strike everything.’ Then, I note on page 2, line 2 refers to twenty pounds and line 5 refers to forty pounds. So, I believe I have the right striker. A clarification, please.”

      Senator Hargrove: “Mr. President, I am only suggesting that is current law. That has already been passed. That has been in place. There have been no problems with these weight determinations under the current law. The new language is all the underlined language in the striking amendment. This is not a new section if you will look on the first page.”

      Further debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Morton on page 1, line 19, to the striking amendment to Engrossed Substitute Senate Bill No. 5112.

      The motion by Senator Morton failed and the amendment to the striking amendment was not adopted.

 

MOTION

 

      Senator Honeyford moved that the following amendment to the striking amendment be adopted:

       On page 1, line 19 of the amendment, after "chest" insert the following:

       "Enforcement of subsection (2) of this section is subject to verification by a measuring device, of a child's height. Officers shall maintain appropriate measuring devices with their vehicles for purposes of determining a child's height under this section."

       Renumber the sections consecutively and correct any internal references accordingly.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Honeyford on page 1, line 19, to the striking amendment to Engrossed Substitute Senate Bill No. 5112.

      The motion by Senator Honeyford failed and the amendment to the striking amendment was not adopted.

       The President declared the question before the Senate to be the adoption of the striking amendment by Senators Costa, Hargrove and Swecker to Engrossed Substitute Senate Bill No. 5112.

      The motion by Senator Costa carried and the striking amendment was adopted.

 

MOTIONS

 

      On motion of Senator Hargrove, the following title amendment was adopted:

       On page 1, line 1 of the title, after "systems;" strike the remainder of the title and insert "amending RCW 46.61.687; and providing an effective date."

      On motion of Senator Hargrove, the rules were suspended, Second Engrossed Substitute Senate Bill No. 5112 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Substitute Senate Bill No. 5112.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Engrossed Substitute Senate Bill No. 5112 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 15; Absent, 0; Excused, 1.

     Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, Oke, Poulsen, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 33.

     Voting nay: Senators Benton, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, McCaslin, McDonald, Morton, Parlette, Roach, Rossi, Stevens, West and Zarelli - 15.

     Excused: Senator Sheldon, T. - 1.

      SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5112, 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 reverted to the sixth order of business.

 

SECOND READING

 

      SENATE BILL NO. 6066, by Senators Spanel and Haugen

 

Revising the definition of "public facilities" with regard to imposition of impact fees.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Spanel, the rules were suspended, Senate Bill No. 6066 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

 

POINT OF INQUIRY

 

      Senator Deccio: “Senator Spanel, usually it is up to the local legislative authority to decide whether to impose impact fees. Would this change that?”

      Senator Spanel: “No, the county would still have to make that decision, because this would be in a county area.”

      Senator Deccio: “Well, they already have that authority. Why do we need this bill?”

      Senator Spanel: “What they can do right now–what is included is fire protection facilities in jurisdictions that are not part of a fire district. This bill, as it was brought to me, is actually–the port brought it to me from Skagit County–and this urban growth area is, I think, about ten miles from the nearest city or town, so there is no ability to use their fire protection. The fire district there–the money will be put in by the fire district, there will be money put in by the port and then there will be the impact fees for new growth on both the port and surrounding area. In this particular area, the county will still make the decision; the developers and the land owners in the area are supportive.”

      Senator Deccio: “Would that include–are you just talking about ground sewers, bridges--”

      Senator Spanel: “This is for fire protection.”

      Senator Deccio: “Okay, and does not include school construction--”

      Senator Spanel: “No, we are not touching that--this is fire protection.”

      Senator Deccio: “Thank you.”

      Further debate ensued.

 

MOTION

 

      On motion of Senator Honeyford, Senator McCaslin was excused.

 

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6066.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6066 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 19; Absent, 0; Excused, 2.

     Voting yea: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, Oke, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 28.

     Voting nay: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, McDonald, Morton, Parlette, Roach, Rossi, Sheahan, Stevens, West and Zarelli - 19.

     Excused: Senators McCaslin and Sheldon, T. - 2.

      SENATE BILL NO. 6066, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

MOTION

 

      At 6:57 p.m., Senator Betti Sheldon moved that the Senate adjourn until 9:00 a.m., Thursday, February 14, 2002.

 

NOTICE FOR RECONSIDERATION

 

      Senator Roach served notice that she would move to reconsider the vote by which Engrossed Substitute Senate Bill No. 5329 passed the Senate earlier today.

      Debate ensued.

 

PARLIAMENTARY INQUIRY

 

      Senator Poulsen: “Mr. President, a point of parliamentary inquiry. It is my understanding that the motion to adjourn takes precedence over the motion by Senator Roach. Isn’t the motion to adjourn what we should be considering right now?”

 

REPLY BY THE PRESIDENT

 

      President Owen: “Senator Roach–it was a notice, not a motion. Your question is exactly what we are trying to sort out.”

      Senator Poulsen: “Thank you.”

 

RULING BY THE PRESIDENT

 

      President Owen: “The President, in looking at the rules--Rule 37 says ‘that after the final vote on any measure before the adjournment of that days session, any member who voted with the prevailing side may give notice of reconsideration unless a motion to immediately transmit the measure to the house has been decided in the affirmative and the measure is no longer in possession of the senate.’ The President, in allowing Senator Roach to give notice prior to taking the vote and dropping the gavel, believes that her notice is in order. Message received.”

 

MOTION

 

      At 7:03 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:00 a.m., Thursday, February 14, 2002.

 

BRAD OWEN, President of the Senate

 

TONY M. COOK, Secretary of the Senate