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FIFTY-FOURTH DAY

__________


MORNING SESSION

__________


House Chamber, Olympia, Friday, March 5, 1993


              The House was called to order at 11:00 a.m. by the Speaker (Representative R. Meyers presiding). The Clerk called the roll and a quorum was present.


              The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Sam De Bord and Sara Pelligrini. Prayer was offered by Reverend Hilton Jarvis, Minister of The Lacey Baptist Church.


              Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.


MESSAGE FROM THE SENATE


March 4, 1993


Mr Speaker:


              The Senate has passed:


ENGROSSED HOUSE BILL NO. 1303,

ENGROSSED SENATE BILL NO. 5020,

SENATE BILL NO. 5079,

ENGROSSED SENATE BILL NO. 5138,

SENATE BILL NO. 5139,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5157,

SENATE BILL NO. 5233,

SENATE BILL NO. 5275,

SENATE BILL NO. 5302,

SENATE BILL NO. 5340,

ENGROSSED SENATE BILL NO. 5378,

SENATE BILL NO. 5024,

SENATE BILL NO. 5060,

SENATE BILL NO. 5062,

SENATE BILL NO. 5124,

SENATE BILL NO. 5149,

SENATE BILL NO. 5247,

SUBSTITUTE SENATE BILL NO. 5261,

SUBSTITUTE SENATE BILL NO. 5284,

SENATE BILL NO. 5290,

SENATE BILL NO. 5301,

SENATE BILL NO. 5455,

SUBSTITUTE SENATE BILL NO. 5479,

and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


              There being no objection, the House advanced to the fourth order of business.


INTRODUCTIONS AND FIRST READING

 

HB 2093              by Representatives Ballard and Jones

 

AN ACT Relating to limiting issuance of drivers' licenses for persons under eighteen; amending RCW 46.04.480 and 46.20.311; adding new sections to chapter 46.20 RCW; adding a new section to chapter 28A.175 RCW; providing an effective date; and declaring an emergency.

 

Referred to Committee on Transportation.

 

HB 2094              by Representatives Heavey and G. Cole

 

AN ACT Relating to transit police; and amending RCW 35.58.240 and 36.57A.090.

 

Referred to Committee on Local Government.

 

HB 2095              by Representative Valle; by request of Department of Social and Health Services

 

AN ACT Relating to the medicaid payment system for nursing facilities; adding a new section to chapter 74.46 RCW; adding a new chapter to Title 82 RCW; and providing an expiration date.

 

Referred to Committee on Revenue.

 

HB 2096              by Representatives Dunshee and Brough; by request of Department of Veterans Affairs

 

AN ACT Relating to state institutions; amending RCW 72.36.020, 72.36.030, 72.36.035, 72.36.120, 72.36.130, and 74.09.120; adding new sections to chapter 72.36 RCW; repealing RCW 72.36.080; providing an effective date; and declaring an emergency.

 

Referred to Committee on State Government.

 

HB 2097              by Representative Dunshee; by request of Department of Social and Health Services

 

AN ACT Relating to the tax on intermediate care facilities for the mentally retarded; amending RCW 82.65A.030; providing an effective date; and declaring an emergency.

 

Referred to Committee on Revenue.

 

HB 2098              by Representative Valle; by request of Department of Social and Health Services

 

AN ACT Relating to options in long-term care; nursing homes-resident care, operating standards; health planning and development; amending RCW 74.42.010, 70.38.111, and 70.128.130; reenacting and amending RCW 70.38.115; adding a new chapter to Title 74 RCW; creating a new section; and declaring an emergency.

 

Referred to Committee on Human Services.

 

HB 2099              by Representatives Peery, Ballard, Anderson, Jones, Kessler, Karahalios, Johanson, Campbell, Orr, J. Kohl, Shin and L. Johnson; by request of Governor Lowry and Attorney General

 

AN ACT Relating to establishing a commission on ethics in government and campaign practices; creating a new section; making an appropriation; and declaring an emergency.

 

Referred to Committee on State Government.

 

HJM 4021           by Representatives Talcott, Campbell and Horn

 

Saluting the members of I Corps.

 


 

ESB 5020            by Senators Nelson and Winsley

 

Providing for a ten-day period to repair a vehicle before a traffic infraction may be issued for defective equipment.

 

Referred to Committee on Transportation.

 

SB 5024              by Senators A. Rasmussen, McDonald and McCaslin

 

Increasing the homestead exemption.

 

Referred to Committee on Judiciary.

 

SB 5060              by Senators A. Smith, Nelson, McCaslin and Hargrove; by request of Indeterminate Sentence Review Board

 

Revising provisions relating to indeterminate sentencing.

 

Referred to Committee on Corrections.

 

SB 5062              by Senators Nelson and Vognild

 

Determining exempt fuel use by power take-off units.

 

Referred to Committee on Transportation.

 

SB 5079              by Senators Owen, Snyder, Hargrove and Erwin

 

Modifying conditions for the digging of razor clams for persons who have physical disability permits.

 

Referred to Committee on Fisheries & Wildlife.

 

SB 5124              by Senators Owen, Snyder, Haugen, Spanel, Sellar, Oke, Amondson and Erwin; by request of Department of Fisheries

 

Revising laws relating to commercial fishing licenses.

 

Referred to Committee on Fisheries & Wildlife.

 

ESB 5138            by Senators M. Rasmussen, Roach, Erwin, Moyer, A. Smith, Wojahn, Haugen, Spanel, McCaslin, Nelson, Quigley, Winsley and Oke

 

Making under-aged persons in a public place under the influence of alcohol guilty of a misdemeanor.

 

Referred to Committee on Judiciary.

 

SB 5139              by Senators Fraser, Wojahn, Prentice, Haugen, von Reichbauer, Williams, Winsley, Roach and McAuliffe; by request of Office of Financial Management, Washington State Historical Society and State Capital Historical Association

 

Consolidating the state capital historical association and the state historical society.

 

Referred to Committee on State Government.

 

SB 5149              by Senators Winsley and Roach

 

Prescribing monetary penalties for littering.

 

Referred to Committee on Environmental Affairs.

 

ESSB 5157          by Senate Committee on Law & Justice (originally sponsored by Senators Hargrove and Nelson)

 

Increasing statutory attorneys' fees.

 

Referred to Committee on Judiciary.

 

SB 5233              by Senators A. Smith, McCaslin, Spanel, Nelson and Hargrove

 

Specifying the fees allowed to prevailing parties for costs related to service of process.

 

Referred to Committee on Judiciary.

 

SB 5247              by Senators Skratek, Deccio, Erwin, Sheldon, M. Rasmussen, Moyer and Sellar

 

Allowing the creation of a less than county-wide port district not bordering on saltwater.

 

Referred to Committee on Local Government.

 

SSB 5261            by Senate Committee on Health & Human Services (originally sponsored by Senators Fraser, Deccio and Talmadge)

 

Modifying the background check requirement on persons providing services for physically disabled or mentally impaired persons.

 

Referred to Committee on Human Services.

 

SB 5275              by Senators Oke, Haugen and Winsley

 

Authorizing nonprofit corporations to restore, maintain, and protect abandoned cemeteries.

 

Referred to Committee on State Government.

 

SSB 5284            by Senate Committee on Government Operations (originally sponsored by Senators Haugen and McAuliffe)

 

Authorizing city council members to serve as reserve police officers.

 

Referred to Committee on Local Government.

 

SB 5290              by Senators Wojahn, Snyder, Moyer, Sellar, Bauer, McCaslin, Deccio, Vognild and Winsley

 

Reducing the tax burden on free hospitals.

 

Referred to Committee on Revenue.

 

SB 5301              by Senators Fraser, Oke, Barr, Haugen and Winsley

 

Authorizing the state parks and recreation commission to enter into cooperative agreements with private nonprofit corporations with regard to state park property and facilities.

 

Referred to Committee on Natural Resources & Parks.

 

SB 5302              by Senators Owen, Hargrove and Oke

 

Concerning food fish and shellfish rules.

 

Referred to Committee on Fisheries & Wildlife.

 

SB 5340              by Senators A. Smith, Quigley, McCaslin, Winsley, Talmadge, Fraser, von Reichbauer, M. Rasmussen, Roach and Oke

 

Increasing penalties for persons under the influence of intoxicating liquor or drugs.

 

Referred to Committee on Judiciary.

 

ESB 5378            by Senators M. Rasmussen, Barr, Loveland and Winsley; by request of Department of Agriculture

 

Modifying the regulation of horticultural plants and facilities.

 

Referred to Committee on Agriculture & Rural Development.

 

SB 5455              by Senators Fraser, Deccio and Talmadge; by request of Law Revision Commission

 

Correcting the codification of a section relating to chemical dependency.

 

Referred to Committee on Human Services.

 

SSB 5479            by Senate Committee on Health & Human Services (originally sponsored by Senators Fraser, Deccio, Talmadge, Moyer, Franklin, M. Rasmussen and Oke)

 

Declaring Washington state children's day.

 

Referred to Committee on State Government.


              On motion of Representative Sheldon, the bills and memorial listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.


              There being no objection, the House advanced to the fifth order of business.


REPORTS OF STANDING COMMITTEES


March 3, 1993

 

HB 1910              Prime Sponsor, Representative Silver: Creating an inventory system for state-owned or leased facilities. Reported by Committee on Capital Budget


              MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Wang, Chair; Ogden, Vice Chair; Sehlin, Ranking Minority Member; Morton, Assistant Ranking Minority Member; Brough; Eide; R. Fisher; Heavey; Jacobsen; Jones; Ludwig; Romero; Silver; Sommers; and Thomas.


              Passed to Committee on Rules for second reading.


March 2, 1993

HB 1942              Prime Sponsor, Representative R. Fisher: Facilitating state-wide transportation planning. Reported by Committee on Transportation


              MAJORITY recommendation: Do pass. Signed by Representatives R. Fisher, Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Brough; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Hansen; Heavey; Horn; Johanson; J. Kohl; R. Meyers; Miller; H. Myers; Orr; Patterson; Quall; Sheldon; Shin; Wood; and Zellinsky.


              Excused: Brown, Vice Chair and Fuhrman.


              Passed to Committee on Rules for second reading.


March 3, 1993

HB 2001              Prime Sponsor, Representative H. Myers: Clarifying voter-approval procedures for transit agencies. Reported by Committee on Transportation


              MAJORITY recommendation: Do pass. Signed by Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Brough; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Fuhrman; Hansen; Heavey; Horn; Johanson; J. Kohl; R. Meyers; Miller; H. Myers; Orr; Patterson; Quall; Sheldon; Shin; Wood; and Zellinsky.


              Passed to Committee on Rules for second reading.


March 2, 1993

HB 2023              Prime Sponsor, Representative R. Meyers: Transferring jurisdiction for certain roads and highways. Reported by Committee on Transportation


              MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives R. Fisher, Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Hansen; Horn; J. Kohl; R. Meyers; Miller; H. Myers; Orr; Patterson; Quall; Sheldon; Shin; Wood; and Zellinsky.


              Excused: Representatives Brown, Vice Chair, Brough, Fuhrman, Heavey and Johanson.


              Passed to Committee on Rules for second reading.


              On motion of Representative Sheldon, the bills listed on today's committee reports under the fifth order of business were referred to the committees so designated.


              There being no objection, the House advanced to the sixth order of business.


SECOND READING


              With consent of the House, the House considered House Bill No. 1271 on today's second reading calendar.


              HOUSE BILL NO. 1271, by Representatives R. Fisher, Schmidt, R. Meyers, Brown, Jones, Horn and Wood; by request of Department of Transportation

 

Prescribing allowed vehicle lengths.


              The bill was read the second time. Committee on Transportation recommendation: Majority do pass as amended. (For Committee amendment see Journal, 29 Day, February 8, 1993.)


              Representative R. Fisher moved adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.


              The bill was ordered engrossed.


              On motion of Representative J. Kohl, Representatives Eide and Locke were excused.


              On motion of Representative Wood, Representative Dyer was excused.


              On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


              Representative R. Fisher spoke in favor of passage of the bill.


              The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1271.


ROLL CALL


              The Clerk called the roll on final passage of Engrossed House Bill No. 1271 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 4, Excused - 3.

              Voting yea: Representatives Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Ludwig, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 91.

              Absent: Representatives Anderson, Mastin, Pruitt and Scott - 4.

              Excused: Representatives Dyer, Eide and Locke - 3.


              Engrossed House Bill No. 1271, having received the constitutional majority was declared passed.


              The Speaker (Representative R. Meyers presiding) declared the House to be at ease.


              The Speaker called the House to order.


              There being no objection, the House reverted to the fourth order of business.


INTRODUCTIONS AND FIRST READING (SUPPLEMENTAL)

 

SB 5956             by Senators Gaspard and Sellar; by request of Governor Lowry and Attorney General

 

Establishing a commission on ethics in government and campaign practices.


 

MESSAGE FROM THE SENATE

March 5, 1993

Mr Speaker:

              The Senate has passed:

SENATE BILL NO. 5956,

and the same is herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              On motion of Representative Peery, the rules were suspended, Senate Bill No. 5956 on today's supplemental introduction sheet was placed on the second reading calendar and read the second time in full.


              On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


              Representatives Peery and Ballard spoke in favor of passage of the bill.


              The Speaker stated the question before the House to be final passage of Senate Bill No. 5956.


ROLL CALL


              The Clerk called the roll on final passage of Senate Bill No. 5956 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

              Excused: Representatives Dyer and Eide - 2.


              Senate Bill No. 5956, having received the constitutional majority was declared passed.


              There being no objection, the House advanced to the eleventh order of business.


MOTION


              On motion of Representative Peery, the House adjourned until 11 a.m., Monday March 8, 1993.


BRIAN EBERSOLE, Speaker

ALAN THOMPSON, Chief Clerk