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THIRTY-SECOND DAY
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MORNING SESSION
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Senate Chamber, Olympia, Thursday, February 14, 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 except Senators Brown, Hargrove and Winsley. On motion of Senator Eide, Senator Hargrove was excused. On motion of Senator Hewitt, Senator Winsley was excused.
The Sergeant at Arms Color Guard, consisting of Pages Katherine Zuanich and Yuly Wung, 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.
REPORTS OF STANDING COMMITTEES
February 13, 2002
SB 6403 Prime Sponsor, Senator Kohl-Welles: Authorizing collective bargaining for University of Washington employees who are enrolled in academic programs. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 6403 as recommended by Committee on Labor, Commerce and Financial Institutions be substituted therefor, and the substitute bill do pass. Signed by Senators Brown, Chair; Regala, Vice Chair; Fraser, Kline, Kohl-Welles, Poulsen, Rasmussen, B. Sheldon, Snyder, Spanel, Thibaudeau and Winsley.
MINORITY Recommendation: Do not pass. Signed by Senator Rossi.
Passed to Committee on Rules for second reading.
February 13, 2002
SB 6532 Prime Sponsor, Senator Prentice: Requiring business subsidy disclosure. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Second Substitute Senate Bill No. 6532 be substituted therefor, and the second substitute bill do pass. Signed by Senators Brown, Chair; Regala, Vice Chair; Fraser, Kline, Kohl-Welles, Poulsen, Rasmussen, B. Sheldon, Snyder, Spanel, Thibaudeau and Winsley.
Passed to Committee on Rules for second reading.
MESSAGES FROM THE HOUSE
February 12, 2002
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1397,
HOUSE BILL NO. 2285,
HOUSE BILL NO. 2286,
HOUSE BILL NO. 2297,
HOUSE BILL NO. 2318,
HOUSE BILL NO. 2320,
HOUSE BILL NO. 2358,
HOUSE BILL NO. 2370,
HOUSE BILL NO. 2397,
SUBSTITUTE HOUSE BILL NO. 2435,
HOUSE BILL NO. 2508,
HOUSE BILL NO. 2524,
HOUSE BILL NO. 2526,
HOUSE BILL NO. 2571,
HOUSE BILL NO. 2668, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
February 12, 2002
MR. PRESIDENT:
The House has passed:
HOUSE BILL NO. 2317,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2341,
HOUSE BILL NO. 2375,
SUBSTITUTE HOUSE BILL NO. 2400,
SUBSTITUTE HOUSE BILL NO. 2426,
HOUSE BILL NO. 2450,
HOUSE BILL NO. 2493,
SUBSTITUTE HOUSE BILL NO. 2502,
SUBSTITUTE HOUSE BILL NO. 2557, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
February 12, 2002
MR. PRESIDENT:
The House has passed:
SECOND SUBSTITUTE HOUSE BILL NO. 2403,
ENGROSSED HOUSE BILL NO. 2623,
SUBSTITUTE HOUSE BILL NO. 2628,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2735,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2844, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
February 12, 2002
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 2357,
SUBSTITUTE HOUSE BILL NO. 2437, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 1397 by House Committee on Children and Family Services (originally sponsored by Representatives Tokuda, Boldt, Kagi, Benson, Kenney, Cody, Schual-Berke and Santos)
Encouraging support services for kinship caregivers.
Referred to Committee on Human Services and Corrections.
HB 2285 by Representatives Fisher, Hatfield, Mitchell and Haigh (by request of Department of Licensing)
Modifying fuel tax provisions.
Referred to Committee on Transportation.
HB 2286 by Representatives Fisher, Hatfield, Mitchell and Haigh (by request of Department of Licensing)
Correcting language regarding certificates of ownership for stolen vehicles.
Referred to Committee on Transportation.
HB 2297 by Representatives Dunn, Fromhold, Ogden, Delvin and Schual-Berke
Revising limitations on county auditors.
Referred to Committee on State and Local Government.
HB 2317 by Representatives Cooper and Benson (by request of Insurance Commissioner Kreidler)
Making technical changes to Title 48 RCW.
Referred to Committee on Health and Long-Term Care.
HB 2318 by Representatives Cody, Campbell, Kenney and Edwards (by request of Insurance Commissioner Kreidler)
Allowing a designee to represent the insurance commissioner on the health care facilities authority.
Referred to Committee on Health and Long-Term Care.
HB 2320 by Representatives McDermott, Schmidt, Romero, McMorris, Santos, Miloscia, Kessler, Haigh and Edwards (by request of Public Disclosure Commission)
Regarding campaign contributions.
Referred to Committee on State and Local Government.
ESHB 2341 by House Committee on Natural Resources (originally sponsored by Representatives Eickmeyer, Grant, Schoesler, Doumit and Jackley)
Attempting to control damage to crops caused by wildlife.
Referred to Committee on Natural Resources, Parks and Shorelines.
SHB 2357 by House Committee on Trade and Economic Development (originally sponsored by Representatives Veloria, Mulliken, Ogden, Fromhold, Upthegrove, Kessler, Schual-Berke, Conway and Kagi)
Addressing community renewal.
Referred to Committee on Economic Development and Telecommunications.
HB 2358 by Representatives Upthegrove and Schual-Berke
Revising provisions relating to annexation of unincorporated territory with boundaries contiguous to two municipal corporations.
Referred to Committee on State and Local Government.
HB 2370 by Representatives Schoesler, Cox, Eickmeyer, Ahern, Chandler, Mulliken and Haigh
Authorizing all counties to share county road engineering services.
Referred to Committee on State and Local Government.
HB 2375 by Representatives Rockefeller, Buck, Doumit, Sump, Dunshee, Ericksen, Jackley, Kessler, Eickmeyer, Edwards, Woods, Haigh and McDermott
Requiring a public hearing prior to transfer or disposal of trust land.
Referred to Committee on Natural Resources, Parks and Shorelines.
HB 2397 by Representatives Linville, Schoesler and Hunt (by request of Department of Agriculture)
Regulating organic food products.
Referred to Committee on Agriculture and International Trade.
SHB 2400 by House Committee on Natural Resources (originally sponsored by Representatives Eickmeyer, Buck, Doumit, Sump, Jackley, Rockefeller, Dunn, McDermott and Haigh) (by request of Department of Natural Resources)
Allowing for the installation of recreational docks and mooring buoys by residential owners abutting state-owned aquatic lands.
Referred to Committee on Natural Resources, Parks and Shorelines.
2SHB 2403 by House Committee on Appropriations (originally sponsored by Representatives Kenney, Conway, Veloria, Linville, Campbell, O'Brien, Fromhold, Lovick, Hunt, Hurst, Miloscia, Jackley, Kagi, Schual-Berke, Kessler, Gombosky, Berkey, Cody, Chase, Morris, Dickerson, Tokuda, Cooper, Darneille, Kirby, Upthegrove, Edwards, Romero, Santos, Lysen, Quall, McIntire, Wood, Haigh, McDermott, Simpson and Sullivan)
Providing for collective bargaining at four-year institutions of higher education.
Referred to Committee on Labor, Commerce and Financial Institutions.
SHB 2426 by House Committee on Natural Resources (originally sponsored by Representatives Jackley, Sump, Rockefeller, Doumit, Pearson, Morell and Chase)
Clarifying the nature of "acting for a commercial purpose" with respect to a natural resources violation.
Referred to Committee on Natural Resources, Parks and Shorelines.
SHB 2435 by House Committee on Natural Resources (originally sponsored by Representatives Jackley, Eickmeyer, Doumit, Buck, Rockefeller, Clements, Berkey and Orcutt) (by request of Department of Fish and Wildlife)
Setting fees for the production of duplicate fish and wildlife license documents.
Referred to Committee on Natural Resources, Parks and Shorelines.
SHB 2437 by House Committee on Trade and Economic Development (originally sponsored by Representatives Veloria, Talcott, Conway, Darneille, Dunn, Lovick, Chase, Wood, Jackley and Ogden)
Promoting economic revitalization.
Referred to Committee on Economic Development and Telecommunications.
HB 2450 by Representatives Hatfield, Dunshee, DeBolt, Jarrett and Anderson
Updating the Washington trade center act to authorize electronic commerce activities.
Referred to Committee on Agriculture and International Trade.
HB 2493 by Representatives Jackley, Mulliken, Dunshee, Ogden, Dunn, Wood and Casada
Removing the limitation on the number of volunteer fire fighters.
Referred to Committee on State and Local Government.
SHB 2502 by House Committee on Natural Resources (originally sponsored by Representatives Sump, Doumit, Rockefeller, Pearson, Jackley and Chase)
Concerning the establishment of the forest products commission.
Referred to Committee on Natural Resources, Parks and Shorelines.
HB 2508 by Representatives Berkey, Casada, Dunshee, DeBolt, Sullivan, Crouse and Kirby
Revising provisions relating to medical plans for elected city officials.
Referred to Committee on State and Local Government.
HB 2524 by Representatives Chase, Kirby, Dunshee, Mielke, Mulliken, Crouse and Miloscia
Transmitting city and town budgets to the municipal research and services center.
Referred to Committee on State and Local Government.
HB 2526 by Representatives Berkey, Mulliken, Dunshee, Mielke, Kirby, Crouse and Linville
Providing exemptions from SEPA for reductions of city limits and disincorporations.
Referred to Committee on Environment, Energy and Water.
SHB 2557 by House Committee on Natural Resources (originally sponsored by Representatives Lovick, Sump, Doumit, Buck, O'Brien, Pearson, Rockefeller, Ogden, McDermott, Mitchell, Boldt, Ericksen, Morell, Kenney and Jackley)
Revising provisions relating to metropolitan park districts.
Referred to Committee on Natural Resources, Parks and Shorelines.
HB 2571 by Representatives Dunshee, Crouse, Dunn, Schmidt and Kirby
Authorizing port districts to pay claims or other obligations by check or warrant.
Referred to Committee on State and Local Government.
EHB 2623 by Representatives Grant, Cairnes, Reardon, Orcutt, Hatfield, Esser, Doumit, Anderson, Linville, Schoesler, Kessler, Jarrett, Berkey, Pflug, Alexander, Jackley, O'Brien, Nixon, Edwards, Mulliken and Haigh
Adjusting the monetary threshold for "substantial development" under the shoreline management act.
Referred to Committee on Natural Resources, Parks and Shorelines.
SHB 2628 by House Committee on Trade and Economic Development (originally sponsored by Representatives Chase, Edwards, Murray, Hunt, Lovick, Kenney, Schmidt, Veloria, Haigh and Conway)
Exempting certain amounts received under the federal small business technology transfer program from business and occupation taxation.
Referred to Committee on Economic Development and Telecommunications.
HB 2668 by Representatives Linville, Schoesler, Dunshee, Delvin and Chase (by request of Department of Ecology)
Modifying well construction provisions.
Referred to Committee on Environment, Energy and Water.
ESHB 2735 by House Committee on State Government (originally sponsored by Representatives Romero, Doumit, Linville, Rockefeller, Edwards, Ogden, Dickerson, Jackley, Grant, O'Brien, Upthegrove, Conway and Kenney)
Creating a joint task force on permit streamlining.
Referred to Committee on State and Local Government.
ESHB 2844 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Linville, Schoesler, Romero, Chandler, Jarrett, Reardon, Gombosky, Morris, Sehlin, Lantz, Conway, Kenney, Santos, Ogden, Bush, Schual-Berke, Kessler, Chase, Rockefeller, Simpson, McDermott and Kagi)
Concerning environmental excellence program agreements.
Referred to Committee on Environment, Energy and Water.
PERSONAL PRIVILEGE
Senator McCaslin: “A point of personal privilege, Mr. President. Aside from thanking you for the lovely cupcake–I really didn’t know you cared, but I realize now you do.”
REPLY BY THE PRESIDENT
President Owen: “Or at least my wife does.”
Senator McCaslin: “She is not the President. Anyway I want to announce to this body –this august body-- that today Alex and Lucille Deccio are celebrating their fifty-sixth wedding anniversary. I think we should give a big loud applause for Lucille–plus the congratulations to our dear friend, Alex.”
SECOND READING
SENATE BILL NO. 6587, by Senators Thibaudeau and Deccio (by request of Department of Health)
Repealing state regulation of eye banks.
The bill was read the second time.
MOTION
On motion of Senator Franklin, the rules were suspended, Senate Bill No. 6587 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. 6587.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6587 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benton, 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, West and Zarelli - 46.
Absent: Senator Brown - 1.
Excused: Senators Hargrove and Winsley - 2.
SENATE BILL NO. 6587, 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 Brown was excused.
SECOND READING
SENATE BILL NO. 6658, by Senators Poulsen, Hale, Regala, Morton, Fraser, Keiser and Rasmussen
Clarifying the types of energy conservation projects a public utility may assist its customers in financing.
MOTIONS
On motion of Senator Poulsen, Substitute Senate Bill No. 6658 was substituted for Senate Bill No. 6658 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Poulsen, the rules were suspended, Substitute Senate Bill No. 6658 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. 6658.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6658 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, 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, West and Zarelli - 46.
Excused: Senators Brown, Hargrove and Winsley - 3.
SUBSTITUTE SENATE BILL NO. 6658, 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. 6328, by Senators Parlette, Gardner, Hale, Honeyford, Rasmussen and Oke
Changing the definition of cherry harvest temporary labor camp.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Senate Bill No. 6328 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. 6328.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6328 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, 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 and Zarelli - 47.
Excused: Senators Hargrove and Winsley - 2.
SENATE BILL NO. 6328, 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: “Mr. President, a point of personal privilege. On this day of friendship and affection, I hope we can take some time during our busy day to remember the passing of a great American–a legend in our generation–Waylon Jennings. This is a man who started out in Lubbock, Texas, which is a suburb of Muleshoe, in case you don’t know where it is. Through his own generosity, in giving up his seat on an ill fated airplane, did survive to have a long career--a legendary career, giving us a great deal of entertainment and pleasure. My personal favorite is ‘Too Dumb for New York City–too Ugly for LA.’ I am sure that we all have our own special song that spoke to us, so I hope that we can remember with pleasure the life of Wayland Jennings, an individualist to the extreme. Thank you.”
MOTION
On motion of Senator Eide, Senator Fraser was excused.
SECOND READING
SENATE BILL NO. 6290, by Senators Kline and Johnson
Regarding ex parte protection orders.
The bill was read the second time.
MOTION
On motion of Senator Kline, the rules were suspended, Senate Bill No. 6290 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Gardner: “Senator Kline, the subject of this bill seems to be, to my reading, that we are going to serve someone in person. We are going to tell them that if they do not do thus and so, then something will happen and here is what can happen. If they don’t show up, then those things will happen. The only question, it seems to me, in this bill, is after its happened–which this bill doesn’t have anything to do with. After it happens, are they going to be notified in person or are they going to be notified by mail? If I may, I ask Senator Kline to respond to that, is that the essence of this bill, the objections that what happens in court if they don’t show up, is that a part of this bill?”
Senator Kline: “In response to the question from the good Senator, the court always has authority to send out a court order by regular mail, along with personal service. Typically, it is the party, not the court that is required to pay the cost of personal service. Mail is a secondary manner of doing it. Sometimes, I have seen both at the same time. The purpose of this bill is to avoid the additional cost of a second personal service after the respondent has received one and that order says that the hearing is to be held this date, this time, the following A, B, C, D, E, is to the relief that is being sought if you do not appear, it can be entered against you only in those situations in which the same relief is sought without significant change. Thank you.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6290.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6290 and the bill failed to pass the Senate by the following vote: Yeas, 23; Nays, 24; Absent, 0; Excused, 2.
Voting yea: Senators Brown, Carlson, Costa, Eide, Fairley, Franklin, Gardner, Hargrove, Haugen, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel and Thibaudeau - 23.
Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 24.
Excused: Senators Fraser and Winsley - 2.
SENATE BILL NO. 6290, having failed to received the constitutional majority, was declared lost.
SECOND READING
SENATE BILL NO. 6777, by Senators Parlette and Rasmussen
Selling apples for fresh consumption.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 6777 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. 6777.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6777 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Deccio, Eide, Fairley, Finkbeiner, Franklin, 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, West and Zarelli - 45.
Voting nay: Senators Costa and Hargrove - 2.
Excused: Senators Fraser and Winsley - 2.
SENATE BILL NO. 6777, 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. 6471, by Senators Honeyford, Rasmussen, Johnson, Sheahan, Stevens, Swecker, Shin, Parlette, Deccio, McCaslin, Hochstatter, Gardner, Hewitt, Spanel, Kastama, Regala, Eide, Oke, Hale and Keiser
Requiring labeling of the origin of fruits and vegetables grown in the United States or grown in Washington state.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended Senate Bill No. 6471 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. 6471.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6471 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, Fairley, Finkbeiner, Franklin, 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., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Zarelli - 46.
Absent: Senator Kline - 1.
Excused: Senators Fraser and Winsley - 2.
SENATE BILL NO. 6471, 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. 6313, by Senator Oke
Providing for the recovery of lost and abandoned fishing gear.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 6313 was substituted for Senate Bill No. 6313 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. 6313 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. 6313.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6313 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, 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 and Zarelli - 47.
Excused: Senators Fraser and Winsley - 2.
SUBSTITUTE SENATE BILL NO. 6313, 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.
MOTION
On motion of Senator Hewitt, Senator Roach was excused.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5400, by Senate Committee on Economic Development and Telecommunications (originally sponsored by Senators T. Sheldon, Franklin, Shin, Regala, Costa and Gardner) (by request of Governor Locke)
Clarifying that the community economic revitalization board may make loans and grants to federally recognized Indian tribes.
The bill was read the third time and placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Deccio: “Senator Sheldon, the Yakima Nation recently partnered with the Pacific Power and Light Company out of Portland, which serves the Yakima area, to buy or to get licensing for two dams on the Columbia River. Would this kind of support help them to do that?”
Senator Tim Sheldon: “I doubt that it would. These requests go through a board--”
Senator Deccio: “I served on CERB for four years, I know.”
Senator Tim Sheldon: “It is probably a pretty controversial project that the board would not get involved in. There would be other–there never is enough money to go around and those types of projects which create a lot of controversy are hardly ever considered.”
Senator Deccio: “The second question, the Yakima Nation is not satisfied with the distribution of power on the reservation from Pacific Power. They want to buy the poles and all the rights-of-way in order to take over their own power system. Would CERB monies be available to do something like that?”
Senator Tim Sheldon: “Again, I don’t think that would be something that would be an eligible project, because I don’t think it would create substantial jobs.”
Senator Deccio: “Well, I think it probably would. Anyway, thank you.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5400.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5400 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.
Voting yea: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McDonald, Oke, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 30.
Voting nay: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Long, McCaslin, Morton, Parlette, Rossi, Sheahan, Stevens, West and Zarelli - 18.
Excused: Senator Roach - 1.
SUBSTITUTE SENATE BILL NO. 5400, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTIONS
On motion of Senator Eide, Senator Kline was excused.
On motion of Senator Honeyford, Senator Swecker was excused.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 6635, by Senators Kastama, Kline and Rasmussen
Creating a notice and appeal process for animal control authorities.
MOTIONS
On motion of Senator Kastama, Substitute Senate Bill No. 6635 was substituted for Senate Bill No. 6635 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kastama, the rules were suspended, Substitute Senate Bill No. 6635 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. 6635.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6635 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Deccio, Eide, Fairley, 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, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 44.
Voting nay: Senators Costa and Prentice - 2.
Excused: Senators Kline, Roach and Swecker - 3.
SUBSTITUTE SENATE BILL NO. 6635, 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 GUESTS
The President welcomed and introduced Trevor and Cameron Christiansen, grandsons of Senator Long, who were seated on the rostrum. Also welcomed and introduced were their parents, Harold and Michele, who were seated in gallery.
SECOND READING
SENATE BILL NO. 6484, by Senators Haugen, Swecker, Rossi, Regala, B. Sheldon, Finkbeiner, T. Sheldon, Kastama, Jacobsen, Rasmussen, Winsley and Johnson
Authorizing additional trust authority to take advantage of federal estate tax benefits for conservation easements.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 6484 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. 6484.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6484 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.
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, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 45.
Absent: Senator Hargrove - 1
Excused: Senators Kline, Roach and Swecker - 3.
SENATE BILL NO. 6484, 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. 6650, by Senators Shin, Sheahan, Long, McAuliffe, Eide, Keiser, Benton, Oke and Rasmussen
Allowing for adoption of classroom policies to remember the September 11 terrorist attacks.
MOTIONS
On motion of Senator McAuliffe, Substitute Senate Bill No. 6650 was substituted for Senate Bill No. 6650 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. 6650 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. 6650.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6650 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, 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 Kline and Swecker - 2.
SUBSTITUTE SENATE BILL NO. 6650, 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
SUBSTITUTE SENATE BILL NO. 5107, by Senate Committee on State and Local Government (originally sponsored by Senators T. Sheldon, Honeyford, Hargrove and Rasmussen)
Authorizing rural counties to use alternative methods to achieve planning goals.
The bill was read the second time.
MOTION
On motion of Senator Tim Sheldon, the rules were suspended, Substitute Senate Bill No. 5107 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. 5107.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5107 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Franklin, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, West, Winsley and Zarelli - 42.
Voting nay: Senators Fairley, Fraser, Kohl-Welles, Prentice and Thibaudeau - 5.
Excused: Senators Kline and Swecker - 2.
SUBSTITUTE SENATE BILL NO. 5107, 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. 6437, by Senators Gardner, Hale, Swecker, McCaslin, B. Sheldon and Haugen
Modifying county treasurer provisions.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Senate Bill No. 6437 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. 6437.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6437 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, Fairley, 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., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Zarelli - 46.
Absent: Senator Stevens - 1.
Excused: Senators Kline and Swecker - 2.
SENATE BILL NO. 6437, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTIONS
On motion of Senator Eide, Senator Fairley was excused.
On motion of Senator Hewitt, Senator Stevens was excused.
SECOND READING
SENATE BILL NO. 6405, by Senators Parlette and Haugen
Authorizing comprehensive plan amendments to be considered as often as once every six months.
The bill was read the second time.
MOTION
On motion of Senator Parlette, the rules were suspended, Senate Bill No. 6405 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. 6405.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6405 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, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Excused: Senators Fairley, Kline and Stevens - 3.
SENATE BILL NO. 6405, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Hewitt, Senators Benton and Johnson were excused.
SECOND READING
SENATE BILL NO. 6341, by Senators Hargrove, Long, Winsley and Oke
Amending the judicial review of sex offender registration to comply with federal funding requirements.
The bill was read the second time.
MOTION
On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 6341 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. 6341.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6341 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Brown, Carlson, Costa, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Keiser, 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 - 44.
Absent: Senator Deccio - 1.
Excused: Senators Benton, Fairley, Johnson and Kline - 4.
SENATE BILL NO. 6341, 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. 6763, by Senators Costa, Hargrove, Long, Carlson, Winsley and Kohl-Welles
Creating a task force on services for crime victims.
The bill was read the second time.
MOTION
On motion of Senator Costa, the rules were suspended, Senate Bill No. 6763 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. 6763.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6763 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, 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 - 48.
Excused: Senator Johnson - 1.
SENATE BILL NO. 6763, 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 Morton, Senator McCaslin was excused.
SECOND READING
SENATE BILL NO. 6240, by Senators Franklin, Shin, Kline, Regala, Prentice and Costa
Clarifying the procedure for providing offenders with a certificate of discharge.
MOTIONS
On motion of Senator Franklin, Substitute Senate Bill No. 6240 was substituted for Senate Bill No. 6240 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Franklin, the rules were suspended, Substitute Senate Bill No. 6240 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. 6240.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6240 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, 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 - 48.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6240, 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. 6535, by Senator Hargrove
Authorizing a disposition outside the standard range for the chemical dependency disposition alternative for juvenile offenders.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 6535 was substituted for Senate Bill No. 6535 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the following amendment by Senators Hargrove and Long was adopted:
On page 2, line 37, after "13.40.0357" insert "if the disposition is an increase from the standard range and the confinement of the offender does not exceed a maximum of fifty-two weeks"
MOTION
On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 6535 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6535.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6535 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, 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 - 48.
Excused: Senator McCaslin - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6535, 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 Deccio: “Mr. President, a point of personal privilege. A couple of days ago, Senator Long gave us a copy of the ‘1949 Legislature in Action,’ and I took the liberty of making up copies for everyone. Those are being passed out now. I would like to thank Senator Long for bringing that paper. It is a memento–that was taken in 1949–I didn’t come until six months later. Enjoy!”
MOTION
On motion of Senator Hewitt, Senator McDonald was excused.
SECOND READING
SENATE BILL NO. 6702, by Senators Stevens, Hargrove, Long, Costa, Franklin, Kohl-Welles, Carlson, Hewitt, Kastama, Johnson, Shin, Swecker, Hale, Rossi, Oke, Zarelli, McCaslin, Horn, Thibaudeau, West, Deccio, Rasmussen, Parlette, Sheahan, Benton, McDonald, Roach, T. Sheldon, Hochstatter, Honeyford, Morton, Finkbeiner and Winsley
Protecting sibling relationships.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 6702 was substituted for Senate Bill No. 6702 and the substitute bill was placed on second reading and read the second time.
Senator Stevens moved that the following striking amendment by Senators Stevens, Hargrove and Long be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of the legislature to recognize that those sibling relationships a child has are an integral aspect of the family unit, which should be nurtured. The legislature presumes that nurturing the existing sibling relationships is in the best interest of a child, in particular in those situations where a child cannot be with their parents, guardians, or legal custodians as a result of court intervention.
Sec. 2. RCW 13.34.025 and 2001 c 256 s 2 are each amended to read as follows:
The department of social and health services shall develop methods for coordination of services to parents and children in child dependency cases. To the maximum extent possible under current funding levels, the department must:
(1) Coordinate and integrate services to children and families, using service plans and activities that address the children's and families' multiple needs, including ensuring that siblings have regular visits with each other, as appropriate. Assessment criteria should screen for multiple needs;
(2) Develop treatment plans for the individual needs of the client in a manner that minimizes the number of contacts the client is required to make; and
(3) Access training for department staff to increase skills across disciplines to assess needs for mental health, substance abuse, developmental disabilities, and other areas.
Sec. 3. RCW 13.34.030 and 2000 c 122 s 1 are each amended to read as follows:
For purposes of this chapter:
(1) "Abandoned" means when the child's parent, guardian, or other custodian has expressed, either by statement or conduct, an intent to forego, for an extended period, parental rights or responsibilities despite an ability to exercise such rights and responsibilities. If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon.
(2) "Child" and "juvenile" means any individual under the age of eighteen years.
(3) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until: (a) The child returns home; (b) an adoption decree, a permanent custody order, or guardianship order is entered; or (c) the dependency is dismissed, whichever occurs first.
(4) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to this chapter for the limited purpose of assisting the court in the supervision of the dependency.
(5) "Dependent child" means any child who:
(a) Has been abandoned;
(b) Is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child; or
(c) Has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development.
(6) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to the individual.
(7) "Guardian" means the person or agency that: (a) Has been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" shall not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.
(8) "Guardian ad litem" means a person, appointed by the court to represent the best interests of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter.
(9) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers.
(10) "Indigent" means a person who, at any stage of a court proceeding, is:
(a) Receiving one of the following types of public assistance: Temporary assistance for needy families, general assistance, poverty-related veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, medicaid, or supplemental security income; or
(b) Involuntarily committed to a public mental health facility; or
(c) Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the federally established poverty level; or
(d) Unable to pay the anticipated cost of counsel for the matter before the court because his or her available funds are insufficient to pay any amount for the retention of counsel.
(11) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.
(12) "Preventive services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services, including housing services, capable of preventing the need for out-of-home placement while protecting the child. Housing services may include, but are not limited to, referrals to federal, state, local, or private agencies or organizations, assistance with forms and applications, or financial subsidies for housing.
(13) "Shelter care" means temporary physical care in a facility licensed pursuant to RCW 74.15.030 or in a home not required to be licensed pursuant to RCW 74.15.030.
(14) "Social study" means a written evaluation of matters relevant to the disposition of the case and shall contain the following information:
(a) A statement of the specific harm or harms to the child that intervention is designed to alleviate;
(b) A description of the specific services and activities, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such services and activities are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered. The description shall identify the services chosen and approved by the parent;
(c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs that have been considered and rejected; the preventive services that have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child;
(d) A statement of the likely harms the child will suffer as a result of removal;
(e) A description of the steps that will be taken to minimize the harm to the child that may result if separation occurs including an assessment of the child's relationship and emotional bond with any siblings, and the agency's plan to provide ongoing contact between the child and the child's siblings if appropriate; and
(f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.
Sec. 4. RCW 13.34.060 and 2000 c 122 s 4 are each amended to read as follows:
(1) A child taken into custody pursuant to RCW 13.34.050 or 26.44.050 shall be immediately placed in shelter care. A child taken by a relative of the child in violation of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055.
(a) Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that the efforts to reunite the parent and child will be hindered, priority placement for a child in shelter care shall be with any person described in RCW 74.15.020(2)(a). The person must be willing and available to care for the child and be able to meet any special needs of the child. The person must be willing to facilitate the child's visitation with siblings, if such visitation is part of the supervising agency's plan or is ordered by the court. If a child is not initially placed with a relative pursuant to this section, the supervising agency shall make an effort within available resources to place the child with a relative on the next business day after the child is taken into custody. The supervising agency shall document its effort to place the child with a relative pursuant to this section. Nothing within this subsection (1)(a) establishes an entitlement to services or a right to a particular placement.
(b) Whenever a child is taken into custody pursuant to this section, the supervising agency may authorize evaluations of the child's physical or emotional condition, routine medical and dental examination and care, and all necessary emergency care. In no case may a child who is taken into custody pursuant to RCW 13.34.055, 13.34.050, or 26.44.050 be detained in a secure detention facility. No child may be held longer than seventy-two hours, excluding Saturdays, Sundays and holidays, after such child is taken into custody unless a court order has been entered for continued shelter care. The child and his or her parent, guardian, or custodian shall be informed that they have a right to a shelter care hearing. The court shall hold a shelter care hearing within seventy-two hours after the child is taken into custody, excluding Saturdays, Sundays, and holidays. If a parent, guardian, or legal custodian desires to waive the shelter care hearing, the court shall determine, on the record and with the parties present, whether such waiver is knowing and voluntary.
(2) Whenever a child is taken into custody by child protective services pursuant to a court order issued under RCW 13.34.050 or when child protective services is notified that a child has been taken into custody pursuant to RCW 26.44.050 or 26.44.056, child protective services shall make reasonable efforts to inform the parents, guardian, or legal custodian of the fact that the child has been taken into custody, the reasons why the child was taken into custody, and their legal rights under this title as soon as possible and in no event shall notice be provided more than twenty-four hours after the child has been taken into custody or twenty-four hours after child protective services has been notified that the child has been taken into custody. The notice of custody and rights may be given by any means reasonably certain of notifying the parents including, but not limited to, written, telephone, or in person oral notification. If the initial notification is provided by a means other than writing, child protective services shall make reasonable efforts to also provide written notification.
Sec. 5. RCW 13.34.130 and 2000 c 122 s 15 are each amended to read as follows:
If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030 after consideration of the social study prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.
(1) The court shall order one of the following dispositions of the case:
(a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In determining the disposition, the court should choose those services, including housing assistance, that least interfere with family autonomy and are adequate to protect the child.
(b) Order the child to be removed from his or her home and into the custody, control, and care of a relative or the department or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is: (i) Related to the child as defined in RCW 74.15.020(2)(a) with whom the child has a relationship and is comfortable; and (ii) willing and available to care for the child.
(2) Placement of the child with a relative under this subsection shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:
(a) There is no parent or guardian available to care for such child;
(b) The parent, guardian, or legal custodian is not willing to take custody of the child; or
(c) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger.
(3) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court shall consider whether it is in the child's best interest to have contact or visits with siblings. The court must consider ordering that such contact or visits take place provided that:
(a) The court has jurisdiction over all siblings subject to the order of contact or visitation pursuant to petitions filed under this chapter;
(b) Contact or visitation is in the best interests of each child covered by the court's order; and
(c) There is no reasonable cause to believe that the health, safety, or welfare of any child subject to the order of visitation would be jeopardized or that efforts to reunite the parent and child would be hindered by such visitation. In no event shall parental visitation time be reduced in order to provide sibling visitation.
(4) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the requirements of RCW 13.34.132 are met.
(((4))) (5) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts, sibling contacts, and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.
Sec. 6. RCW 13.34.136 and 2000 c 122 s 18 are each amended to read as follows:
(1) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:
(a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; successful completion of a responsible living skills program; or independent living, if appropriate and if the child is age sixteen or older. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW;
(b) Unless the court has ordered, pursuant to RCW 13.34.130(3), that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, what steps the agency will take to promote existing appropriate sibling relationships and/or facilitate contact in accordance with the best interests of each child, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.
(i) The agency plan shall specify what services the parents will be offered to enable them to resume custody, what requirements the parents must meet to resume custody, and a time limit for each service plan and parental requirement.
(ii) The agency shall encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.
(iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.
(iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department has existing contracts to purchase. It shall report to the court if it is unable to provide such services; and
(c) If the court has ordered, pursuant to RCW 13.34.130(3), that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents if the court orders a termination petition be filed.
(2) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.
Sec. 7. RCW 13.34.260 and 2000 c 122 s 32 are each amended to read as follows:
In an attempt to minimize the inherent intrusion in the lives of families involved in the foster care system and to maintain parental authority where appropriate, the department, absent good cause, shall follow the wishes of the natural parent regarding the placement of the child. Preferences such as family constellation, sibling relationships, ethnicity, and religion shall be considered when matching children to foster homes. Parental authority is appropriate in areas that are not connected with the abuse or neglect that resulted in the dependency and shall be integrated through the foster care team. For purposes of this section, "foster care team" means the foster parent currently providing care, the currently assigned social worker, and the parent or parents.
Sec. 8. RCW 74.13.065 and 1995 c 311 s 26 are each amended to read as follows:
(1) The department, or agency responsible for supervising a child in out-of-home care, shall conduct a social study whenever a child is placed in out-of-home care under the supervision of the department or other agency. The study shall be conducted prior to placement, or, if it is not feasible to conduct the study prior to placement due to the circumstances of the case, the study shall be conducted as soon as possible following placement.
(2) The social study shall include, but not be limited to, an assessment of the following factors:
(a) The physical and emotional strengths and needs of the child;
(b) Emotional bonds with siblings and the need to maintain regular sibling contacts;
(c) The proximity of the child's placement to the child's family to aid reunification;
(((c))) (d) The possibility of placement with the child's relatives or extended family;
(((d))) (e) The racial, ethnic, cultural, and religious background of the child;
(((e))) (f) The least-restrictive, most family-like placement reasonably available and capable of meeting the child's needs; and
(((f))) (g) Compliance with RCW 13.34.260 regarding parental preferences for placement of their children."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Stevens, Hargrove and Long to Substitute Senate Bill No. 6702.
The motion by Senator Stevens carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Costa, the following title amendment was adopted:
On page 1, line 1 of the title, after "relationships;" strike the remainder of the title and insert "amending RCW 13.34.025, 13.34.030, 13.34.060, 13.34.130, 13.34.136, 13.34.260, and 74.13.065; and creating a new section."
On motion of Senator Costa, the rules were suspended, Engrossed Substitute Senate Bill No. 6702 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6702.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6702 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
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, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Voting nay: Senator Haugen - 1.
Excused: Senators McCaslin and McDonald - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6702, 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 Hochstatter was excused.
SECOND READING
SENATE BILL NO. 6601, by Senators Prentice, Rasmussen, Kohl-Welles, McAuliffe and Hale
Allowing a licensed distiller, domestic brewery, microbrewery, or domestic winery to sell liquor at a spirits, beer, and wine restaurant located on contiguous property that is leased by that licensed distiller, domestic brewery, microbrewery, or domestic winery.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Senate Bill No. 6601 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. 6601.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6601 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 42.
Voting nay: Senators Hargrove, Long, Morton and Oke - 4.
Excused: Senators Hochstatter, McCaslin and McDonald - 3.
SENATE BILL NO. 6601, 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. 6600, by Senator Prentice
Authorizing unclassified position appointments in city or town police departments.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 6600 was substituted for Senate Bill No. 6600 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. 6600 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. 6600.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6600 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, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Excused: Senators Hochstatter, McCaslin and McDonald - 3.
SUBSTITUTE SENATE BILL NO. 6600, 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 Rossi was excused.
SECOND READING
SENATE BILL NO. 6480, by Senators Eide, Morton, Keiser, Winsley and Fraser
Encouraging recycling and waste reduction.
The bill was read the second time.
MOTION
On motion of Senator Eide, the rules were suspended, Senate Bill No. 6480 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. 6480.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6480 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, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.
Excused: Senators Hochstatter, McCaslin, McDonald and Rossi - 4.
SENATE BILL NO. 6480, 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 McAuliffe: “Mr. President, I rise to a point of personal privilege. I want to thank you for our happy valentine that we received
on our desks. I would say that probably you should thank your wife, Linda, since I understand that you probably didn’t bake these by yourself. Happy Valentine’s Day.”
MOTION
At 12:04 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 3:36 p.m. by President Owen.
SECOND READING
SENATE BILL NO. 6559, by Senators Fairley, Horn, Haugen, Prentice and Winsley
Authorizing port district to pay claims or other obligations by check or warrant.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Senate Bill No. 6559 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. 6559.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6559 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.
SENATE BILL NO. 6559, 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. 6359, by Senators Stevens, Haugen, Rossi and Benton
Penalizing failure to use required traction equipment.
MOTIONS
On motion of Senator Horn, Substitute Senate Bill No. 6359 was substituted for Senate Bill No. 6359 and the substitute bill was placed on second reading and read the second time.
Senator Horn moved that the following amendments by Senators Horn, Haugen and Stevens be considered simultaneously and be adopted:
On page 1, strike all of lines 13 through 17 and insert the following:
"(1) ((Dangerous road conditions, chains or other approved traction devices recommended)) Traction advisory - oversize vehicles prohibited.
(2) ((Dangerous road conditions, chains or other approved traction devices required)) Traction advisory - oversize vehicles prohibited. Vehicles over 10,000 GVW - chains required.
(3) ((Dangerous road conditions, chains required)) Traction advisory - oversize vehicles prohibited. All vehicles - chains required, except all wheel drive."
On page 2, beginning on line 8, after "The" strike everything through "devices" on line 9, and insert "((signs or traffic control devices)) Washington state patrol or the department"
On page 2, beginning on line 11, after "indicated" strike everything through "maintained" on line 12, and insert "((by a sign or other traffic control device placed or maintained))"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Horn, Haugen and Stevens on page 1, strike lines 13 through 17, and page 2, beginning on lines 8 and 11, to Substitute Senate Bill No. 6359.
The motion by Senator Horn carried and the amendments were adopted.
MOTION
On motion of Senator Horn, the rules were suspended, Engrossed Substitute Senate Bill No. 6359 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6359.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6359 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, 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 - 47.
Voting nay: Senators Hargrove and Hochstatter - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6359, 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. 6501, by Senators Benton, Rasmussen, Stevens, Oke, Fairley, Finkbeiner, Johnson, Hochstatter, Winsley, Swecker, Roach, Keiser, McDonald, Prentice, Hale, Morton, Honeyford, McCaslin, Hewitt, Sheahan and Deccio
Prohibiting sex offenders and kidnapping offenders from residing within five miles of victims.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 6501 was substituted for Senate Bill No. 6501 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 6501 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. 6501.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6501 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. 6501, 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.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Roach served notice to reconsider the vote by which Senate Bill No. 6290 failed to pass the Senate earlier today.
SECOND READING
SENATE BILL NO. 5999, by Senators B. Sheldon, Fairley, Carlson, Snyder, Rossi, Costa, Eide, Kline and Winsley
Modifying the telephone assistance program.
The bill was read the second time.
MOTION
On motion of Senator Tim Sheldon, the rules were suspended, Senate Bill No. 5999 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. 5999.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5999 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.
SENATE BILL NO. 5999, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
STATEMENT FOR THE JOURNAL
I was engaged in conversation on an upcoming bill during the final vote on Senate Bill No. 6637. I intended to vote ‘no’ on this measure, but inadvertently voted ‘yes.’ I would like the Journal to reflect my intentions.
SENATOR LINDA EVANS PARLETTE, 12th Legislative District
SECOND READING
SENATE BILL NO. 6637, by Senators Kline, Gardner, Fairley, Keiser, Costa and Kohl-Welles
Requiring financial disclosure by ballot measure sponsors.
The bill was read the second time.
MOTION
On motion of Senator Kline, the rules were suspended, Senate Bill No. 6637 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
PARLIAMENTARY INQUIRY
Senator Sheahan: “A parliamentary inquiry, Mr. President. I request a ruling by the President on whether this bill takes a two-thirds vote or a simple majority.”
RULING BY THE PRESIDENT
President Owen: '"Senator Sheahan, the President needs clarification on your parliamentary inquiry. Are you asking whether or not this is a constitutional amendment?”
Senator Sheahan: “Yes sir. I am asking if this is a constitutional amendment.”
President Owen: “Senator Sheahan, let me take a stab at this. The body makes the determination on how they are going to present an issue before the Legislature. In this case, the sponsors have chosen to present it as a bill, not as a constitutional amendment. Therefore, that is the way that the President would rule as far as the vote requirement would be on that. If, in fact, it passes the Legislature and it goes before the court and they make a determination on that, that is not for the President to determine.”
Further debate ensued.
Senators Snyder, Betti Sheldon and Prentice demanded the previous question and the demand was sustained.
The President declared the question before the Senate to be shall the main question be now put.
The demand for the previous question carried on a rising vote.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6637.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6637 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 20; Absent, 2; Excused, 0.
Voting yea: Senators Brown, Carlson, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Parlette, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 27.
Voting nay: Senators Benton, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Sheldon, T., Stevens and Zarelli - 20.
Absent: Senators Deccio and West - 2.
SENATE BILL NO. 6637, 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 Poulsen was excused.
SECOND READING
SENATE BILL NO. 6571, by Senators Franklin, Gardner, Fraser, Winsley, Keiser, McCaslin, Hargrove, Regala, Shin, Jacobsen, Snyder, Poulsen, Costa, B. Sheldon, Kastama, Spanel, Haugen, Fairley, Thibaudeau, McAuliffe, Rasmussen, Kohl-Welles and Oke
Providing fiscal impact statements for ballot measures.
The bill was read the second time.
MOTION
On motion of Senator Franklin, the rules were suspended, Senate Bill No. 6571 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
Senator Roach moved that Senate Bill No. 6571 be returned to second reading for purpose of an amendment.
The President declared the question before the Senate to be the motion by Senator Roach to suspend the rules and return Senate Bill No. 6571 to second reading.
The motion by Senator Roach to suspend the rules and return Senate Bill No. 6571 to second reading failed.
Debate ensued.
POINT OF INQUIRY
Senator Deccio: “Senator Franklin, is the fiscal statement required to indicate whether it is going to be a cost, as in the two initiatives that the WEA passed, and does it also indicate revenue loss as in 695? Does it do both of those?”
Senator Franklin: “Senator Deccio, the fiscal note, itself, will be prepared with the best information as to the cost and includes those items which you have mentioned. There is no partisan area, whether it is WEA, or whether it is Republicans or whether it is Democrats. It is a fiscal note that addresses that particular ballot measure with the best information and neutral, if you will. It is printed in the pamphlet so it is information–the same as you have information in regards to the issue. So, if that is one part that is needed–say a group presents it-- then that would happen, Senator Deccio.”
Further debate ensued.
Senator Roach requested Senators Spanel, Betti Sheldon, Franklin, Kline, Sheahan, Thibaudeau and Shin to yield to a question and they did not yield.
POINT OF INQUIRY
Senator Roach: “Senator Sheldon, as a member of the Legislature, can you, if you desire, ask for a fiscal note on an initiative before it is brought to the vote of the people?”
Senator Tim Sheldon: “Senator Roach, yes, as a legislator, I can ask for a fiscal note and I can also read something called, ‘The Voter’s
Hand Book–the Voter’s Guide.’”
Senator Roach: “Thank you, Senator Sheldon.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6571.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6571 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.
Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 30.
Voting nay: Senators Benton, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, McDonald, Morton, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, West and Zarelli - 18.
Excused: Senator Poulsen - 1.
SENATE BILL NO. 6571, 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. 6321, by Senators Gardner, McCaslin, Roach, T. Sheldon, Keiser, McAuliffe, Hale and Oke (by request of Secretary of State Reed)
Allowing candidates to file electronically.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Senate Bill No. 6321 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. 6321.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6321 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, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SENATE BILL NO. 6321, 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 Thibaudeau was excused.
SECOND READING
SENATE BILL NO. 6324, by Senators Gardner, Horn, T. Sheldon, Roach, McCaslin, Winsley and Hale (by request of Secretary of State Reed)
Directing a statewide voter registration data base.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Senate Bill No. 6324 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. 6324.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6324 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, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 47.
Excused: Senators Poulsen and Thibaudeau -20
SENATE BILL NO. 6324, 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. 6325, by Senators Gardner, Horn, T. Sheldon, Roach, McCaslin, Winsley and Oke (by request of Secretary of State Reed)
Modifying the administration of elections.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Senate Bill No. 6325 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. 6325.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6325 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, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 47.
Excused: Senators Poulsen and Thibaudeau - 2.
SENATE BILL NO. 6325, 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. 6447, by Senators Kastama, Finkbeiner, Jacobsen, Shin, Franklin, Costa, Oke and Winsley
Establishing a do not call list.
MOTIONS
On motion of Senator Kastama, Substitute Senate Bill No. 6447 was substituted for Senate Bill No. 6447 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kastama, the rules were suspended, Substitute Senate Bill No. 6447 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. 6447.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6447 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, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 47.
Excused: Senators Poulsen and Thibaudeau - 2.
SUBSTITUTE SENATE BILL NO. 6447, 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. 6080, by Senator Prentice
Updating and harmonizing fireworks and explosives laws.
MOTIONS
On motion of Senator Prentice, Second Substitute Senate Bill No. 6080 was substituted for Senate Bill No. 6080 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Second Substitute Senate Bill No. 6080 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. 6080.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6080 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Absent: Senators Horn and Kline - 2.
Excused: Senator Poulsen - 1.
SECOND SUBSTITUTE SENATE BILL NO. 6080, 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. 6508, by Senators Rasmussen, Swecker and Winsley
Registering pesticides.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 6508 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. 6508.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6508 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, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SENATE BILL NO. 6508, 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 McDonald was excused.
SECOND READING
SENATE BILL NO. 5218, by Senators Eide, Horn, Haugen, Finkbeiner, McAuliffe, Fairley, Jacobsen, Kohl-Welles, Costa and Winsley
Regulating the sale, distribution, and installation of air bags.
MOTIONS
On motion of Senator Eide, Second Substitute Senate Bill No. 5218 was substituted for Senate Bill No. 5218 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Eide, the rules were suspended, Second Substitute Senate Bill No. 5218 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. 5218.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5218 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, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators McDonald and Poulsen - 2.
SECOND SUBSTITUTE SENATE BILL NO. 5218, 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. 6703, by Senators Rasmussen, Hochstatter, Shin, Sheahan, Swecker, Hewitt, Honeyford and Hale
Changing timing provisions relating to agricultural liens.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 6703 was substituted for Senate Bill No. 6703 and the substitute bill was placed on second reading and read the second time.
Senator Rasmussen moved that the following amendment by Senators Rasmussen and Hochstatter be adopted:
Beginning on page 2, line 20, strike all of section 2 and insert the following:
"Sec. 2. RCW 60.13.040 and 2001 c 32 s 6 are each amended to read as follows:
(1) A producer or commercial fisherman claiming a processor or preparer lien may file a statement evidencing the lien with the department of licensing after payment from the processor, conditioner, or preparer to the producer or fisherman is due and remains unpaid. For purposes of this subsection and RCW 60.13.050, payment is due on the date specified in the contract, or if not specified, then within thirty days from time of delivery.
(2) The statement shall be in a record, authenticated by the producer or fisherman, and shall contain in substance the following information:
(a) A true statement or a reasonable estimate of the amount demanded after deducting all credits and offsets;
(b) The name of the processor, conditioner, or preparer who received the agricultural product or fish to be charged with the lien;
(c) A description sufficient to identify the agricultural product or fish to be charged with the lien;
(d) A statement that the amount claimed is a true and bona fide existing debt as of the date of the filing of the notice evidencing the lien;
(e) The date on which payment was due for the agricultural product or fish to be charged with the lien; and
(f) The department of licensing may by rule prescribe standard filing forms, fees, and uniform procedures for filing with, and obtaining information from, filing officers."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Rasmussen and Hochstatter to Substitute Senate Bill No. 6703.
The motion by Senator Rasmussen carried and the amendment was adopted.
MOTIONS
Qn motion of Senator Rasmussen, the following title amendment was adopted:
On page 1, at the beginning of line 2 of the title, strike "60.13.050" and insert "60.13.040"
On motion of Senator Rasmussen, the rules were suspended, Engrossed Substitute Senate Bill No. 6703 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6703.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6703 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, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators McDonald and Poulsen - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6703, 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. 6428, by Senators B. Sheldon, Johnson, Kline, Costa, McCaslin, Gardner, Long and Kohl-Welles (by request of Governor Locke and Attorney General Gregoire)
Providing for loss prevention review teams.
MOTIONS
On motion of Senator Betti Sheldon, Substitute Senate Bill No. 6428 was substituted for Senate Bill No. 6428 and the substitute bill was placed on second reading and read the second time.
Senator Hargrove moved that the following amendment by Senators Hargrove, Kline, Johnson, Costa and McCaslin be adopted:
On page 2, line 6, after "review." insert "A loss prevention review team may also be appointed when any other substantial loss occurs as a result of agency policies, litigation or defense practices, or other management practices."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove, Kline, Johnson, Costa and McCaslin on page 2, line 6, to Substitute Senate Bill No. 6428.
The motion by Senator Hargrove carried and the amendment was adopted.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, Engrossed Substitute Senate Bill No. 6428 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6428.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6428 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, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6428, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTIONS
On motion of Senator Hewitt, Senator Johnson was excused.
On motion of Senator Eide, Senators Hargrove and Haugen were excused.
SECOND READING
SENATE BILL NO. 6548, by Senators Kastama, Oke, Rasmussen and Gardner
Allowing advertising on bus shelters.
MOTIONS
On motion of Senator Kastama, Substitute Senate Bill No. 6548 was substituted for Senate Bill No. 6548 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kastama, the rules were suspended, Substitute Senate Bill No. 6548 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. 6548.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6548 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Gardner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Voting nay: Senator Fraser - 1.
Excused: Senators Hargrove, Haugen, Johnson and Poulsen - 4.
SUBSTITUTE SENATE BILL NO. 6548, 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 5:45 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:00 a.m., Friday, February 15, 2002.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate