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EIGHTH DAY


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MORNING SESSION


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Senate Chamber, Olympia, Monday, January 18, 1993

     The Senate was called to order at 11:30 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Amondson, Anderson, Cantu, Hargrove, Moore, Nelson, Niemi, Prentice, Adam Smith, Linda Smith and Sutherland. There being no objection, the President excused Senators Amondson, Anderson, Cantu, Hargrove, Moore, Nelson, Niemi, Prentice, Adam Smith, Linda Smith and Sutherland.

     The Sergeant at Arms Color Guard, consisting of Pages Jennifer White and Casey Knak, presented the Colors. Reverend Dr. Edna Travis, pastor of the New Covenant Pentecostal Tabernacle of Tacoma, and a guest of Senator R. Lorraine Wojahn, offered the prayer.


MOTION


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


REPORT OF SELECT COMMITTEE


STATE OF WASHINGTON

WASHINGTON TRAFFIC SAFETY COMMISSION

100 S. Cherry Street, PO Box 40944

Olympia, Washington 98504-0944

January 12, 1993


Dear Legislator:

     Welcome! As the 1993 legislative session gets underway, I want to take a moment to introduce our agency to you. The Washington Traffic Safety Commission (WTSC) is directed under RCW 43.59 to plan and supervise programs for the prevention of traffic collisions and to coordinate activities at the state and local level in the development of traffic safety programs.

     The WTSC is funded primarily with federal highway safety funds, normally a little over $5 million a biennium in federal gas tax dollars returned to the state for traffic safety uses. We also receive match dollars from the state highway safety fund to qualify for the federal funds, normally about $360 thousand a biennium, and since 1989 we have received funding from the state Public Safety and Education Account (PSEA) to help support the statewide network of community DWI Task Forces. PSEA funding for the DWI Task Forces in the 1991-93 biennium was $900 thousand.

     I have enclosed two documents that may help you understand the Traffic Safety Commission a little better.

     The first is our Highway Safety Plan for 1993. Although this plan only addresses programs funded with federal section 402 dollars, and does not cover projects financed with federal incentive or state funds, it is helpful in understanding our processes and the type of projects we typically support. You might find the Data Summary and Problem Analysis section, pages 13 through 98, helpful in determining what the most serious traffic safety problems are in Washington State.

     The second document enclosed is a copy of our FY 1992 Highway Safety Plan Annual Report. According to federal rules, this report is submitted annually to the National Highway Traffic Safety Administration and covers all our federally funded projects.

     One of our most important missions is to provide policy makers with the data, studies and information needed to make good decisions. The WTSC legislative liaison, Steve Lind, can be reached at 753-6538. Steve is available to provide testimony at a hearing, research questions you may have about proposed traffic safety legislation, work with your staff on preparing legislation, or assist you in many other ways. Through our Traffic Records Data Center (TRDC), Steve can make some excellent resources available to you, including an extensive document library containing many traffic safety studies and research documents in addition to a powerful computer based query system that can access many different state traffic safety related data bases.

     Our goal is to provide the best information available so that you can make good policy decisions. My commitment to you is that the data will be accurate and reliable, the studies and research will be scientific, and in all our dealings we will be prompt and nonpartisan.

     Again, welcome aboard! We look forward to working with you during what promises to be an exciting and challenging session.

Sincerely,

CHARLES F. HAYES, Director


     The Select Committee Report is on file in the Office of the Secretary of the Senate.


MESSAGES FROM THE HOUSE


January 12, 1993


MR. PRESIDENT:

     The Speaker has signed:

     HOUSE CONCURRENT RESOLUTION NO. 4400,

     HOUSE CONCURRENT RESOLUTION NO. 4001, and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk


January 15, 1993


MR. PRESIDENT:

     The House has adopted SENATE CONCURRENT RESOLUTION NO. 8401, and the same is herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk


SIGNED BY THE PRESIDENT


     The President signed:

     HOUSE CONCURRENT RESOLUTION NO. 4400,

     HOUSE CONCURRENT RESOLUTION NO. 4401.


SIGNED BY THE PRESIDENT


     The President signed:

     SENATE CONCURRENT RESOLUTION NO. 8401.


INTRODUCTION AND FIRST READING

                                                                             

SB 5204          by Senators Haugen, Sutherland, West, von Reichbauer, Winsley, Deccio and Quigley

 

AN ACT Relating to lateral transfer of county sheriff's employees to municipalities; adding new sections to chapter 41.12 RCW; and creating a new section.

 

Referred to Committee on Government Operations.

 

SB 5205          by Senators Wojahn, Moyer, Sheldon, Erwin, Fraser, Winsley, Prentice, Niemi and Talmadge

 

AN ACT Relating to infant mortality review; and amending RCW 70.05.170.

 

Referred to Committee on Health and Human Services.

 

SB 5206          by Senators Prentice and Niemi

 

AN ACT Relating to health reform; and adding a new chapter to Title 48 RCW.

 

Referred to Committee on Health and Human Services.

 

SB 5207          by Senators Prentice and Snyder

 

AN ACT Relating to pet deposits paid by tenants; and adding a new section to chapter 59.18 RCW.

 

Referred to Committee on Law and Justice.

 

SB 5208          by Senators Prentice, Moore, Wojahn, Fraser, Pelz, McAuliffe, Vognild and Winsley

 

AN ACT Relating to enforcement powers of the director of licensing in regard to the securities industry; and amending RCW 21.20.110.

 

Referred to Committee on Labor and Commerce.

 

SB 5209          by Senators A. Smith and Moore

 

AN ACT Relating to cancellation or nonrenewal of automobile, motorcycle, and homeowners insurance; and adding new sections to chapter 48.18 RCW.

 

Referred to Committee on Labor and Commerce.

 

SB 5210          by Senators Haugen and M. Rasmussen

 

AN ACT Relating to acquiring and maintaining conservation areas; amending RCW 82.46.070; adding a new section to chapter 43.99 RCW; adding a new section to chapter 82.45 RCW; recodifying RCW 82.46.070; and providing for submission of this act to a vote of the people.

 

Referred to Committee on Government Operations.

 

SB 5211          by Senator Haugen

 

AN ACT Relating to powers of public transportation benefit areas; and amending RCW 36.57A.080.

 

Referred to Committee on Transportation.

 

SB 5212          by Senator Haugen

 

AN ACT Relating to competition on ferry and toll bridge routes; amending RCW 47.60.120; and providing a contingent effect.

 

Referred to Committee on Transportation.

 

SB 5213          by Senators Haugen and Winsley

 

AN ACT Relating to lien foreclosure; amending RCW 84.64.050, 84.64.070, 84.64.080, 84.64.120, 84.64.180, 84.64.360, 84.64.380, 84.64.390, 84.64.420, 84.64.460, 35.50.010, 35.50.030, 35.50.220, 35.50.230, 87.03.265, 87.03.270, 87.03.271, 87.03.272, 87.03.445, 87.06.020, 87.06.080, 87.06.090, 87.06.100, 87.80.180, 56.20.120, and 57.16.150; adding new sections to chapter 84.64 RCW; creating new sections; and repealing RCW 84.64.040, 84.64.060, 84.64.200, 35.50.225, 35.50.240, 35.50.250, 35.50.260, 87.06.010, 87.06.030, 87.06.040, 87.06.050, 87.06.060, 87.06.070, 87.06.110, and 87.06.120.

 

Referred to Committee on Government Operations.

 

SB 5214          by Senators Haugen and Winsley

 

AN ACT Relating to local improvement districts; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35.58 RCW; adding a new section to chapter 36.69 RCW; adding a new section to chapter 36.73 RCW; adding a new section to chapter 36.83 RCW; adding a new section to chapter 36.88 RCW; adding a new section to chapter 36.94 RCW; adding a new section to chapter 39.46 RCW; adding a new section to chapter 52.20 RCW; adding a new section to chapter 53.08 RCW; adding a new section to chapter 54.16 RCW; adding a new section to chapter 56.20 RCW; adding a new section to chapter 57.16 RCW; adding a new section to chapter 87.03 RCW; adding a new chapter to Title 39 RCW; and creating a new section.

 

Referred to Committee on Government Operations.

 

SB 5215          by Senators Talmadge, Fraser, Owen and Skratek

 

AN ACT Relating to protecting Puget Sound and other waters of Washington; amending RCW 90.70.011, 90.70.060, 90.70.025, 90.70.070, 43.131.369, 43.131.370, 90.70.902, 82.02.090, 36.70A.070, 58.17.110, 17.21.030, 15.58.100, 90.48.037, 43.21B.300, and 90.48.140; reenacting and amending RCW 43.88.030 and 70.146.060; adding a new section to chapter 90.70 RCW; adding a new section to chapter 70.146 RCW; adding a new section to chapter 46.68 RCW; adding new sections to chapter 90.48 RCW; adding a new section to chapter 15.58 RCW; adding a new chapter to Title 36 RCW; creating a new section; and prescribing penalties.

 

Referred to Committee on Ecology and Parks.

 

SB 5216          by Senators Prentice, Moore, A. Smith, Sutherland and Quigley

 

AN ACT Relating to construction contracts; adding a new section to chapter 39.04 RCW; adding a new section to chapter 35.22 RCW; adding a new section to chapter 35.23 RCW; adding a new section to chapter 36.32 RCW; and creating new sections.

 

Referred to Committee on Labor and Commerce.

 

SB 5217          by Senators Pelz, Jesernig, A. Smith, Prentice, Moore, Vognild, Winsley, Roach, Sutherland and Quigley

 

AN ACT Relating to public contracts; adding a new section to chapter 39.04 RCW; creating a new section; and repealing RCW 43.82.015.

 

Referred to Committee on Labor and Commerce.

 

SB 5218          by Senators McAuliffe, Prentice, Jesernig, A. Smith, Winsley, Vognild, Sutherland and Quigley

 

AN ACT Relating to public works contracts; amending RCW 28B.10.350, 28B.10.355, 28B.50.330, 35.22.620, 35.23.352, 35.56.270, 35.82.075, 36.32.250, 36.77.040, 39.04.015, 39.04.150, 39.04.155, 39.04.220, 39.19.070, 43.19.1911, 47.28.090, 47.28.100, 47.28.170, 53.08.120, 53.08.130, 54.04.070, 54.04.080, 56.08.070, 57.08.050, 70.44.140, 72.01.120, 85.24.070, 86.09.178, 87.03.435, 87.03.436, 89.30.154, and 91.08.530; and adding a new section to chapter 39.30 RCW.

 

Referred to Committee on Labor and Commerce.

 

SB 5219          by Senators M. Rasmussen, Newhouse and Barr

 

AN ACT Relating to the Washington wine commission; and amending RCW 66.12.180 and 66.24.210.

 

Referred to Committee on Agriculture.

 

SB 5220          by Senators Skratek, Erwin, Bluechel, Sheldon, M. Rasmussen, Deccio and Winsley

 

AN ACT Relating to a linked deposit program for investment by the state; and adding new sections to chapter 43.84 RCW.

 

Referred to Committee on Trade, Technology and Economic Development.

 

SB 5221          by Senators Skratek, Erwin, M. Rasmussen, Deccio and Barr

 

AN ACT Relating to the Washington rural development council; adding new sections to chapter 43.31 RCW; and adding new sections to chapter 43.131 RCW.

 

Referred to Committee on Trade, Technology and Economic Development.

 

SB 5222          by Senators Skratek, Erwin, Bluechel, M. Rasmussen, Deccio, Winsley and Barr

 

AN ACT Relating to urban/rural economic partnerships; amending RCW 43.63A.560; adding new sections to chapter 43.63A RCW; and creating new sections.

 

Referred to Committee on Trade, Technology and Economic Development.

 

SB 5223          by Senators Skratek, Erwin, Bluechel, M. Rasmussen, Deccio and Winsley

 

AN ACT Relating to the Washington state self-employment loan program; and adding a new chapter to Title 43 RCW.

 

Referred to Committee on Trade, Technology and Economic Development.

 

SB 5224          by Senators Skratek, Bluechel, Erwin, M. Rasmussen, Deccio and Winsley

 

AN ACT Relating to international capital projects; adding new sections to chapter 43.31 RCW; adding new sections to chapter 43.131 RCW; and making an appropriation.

 

Referred to Committee on Trade, Technology and Economic Development.

 

SB 5225          by Senators Skratek, Erwin, M. Rasmussen, Winsley and Barr

 

AN ACT Relating to a state-wide work-based learning program for youth; adding a new chapter to Title 28C RCW; and creating a new section.

 

Referred to Committee on Trade, Technology and Economic Development.

 

SB 5226          by Senators Skratek, Haugen, Talmadge, Winsley, M. Rasmussen and Quigley

 

AN ACT Relating to management and evaluation of state programs; amending RCW 43.88.020, 43.88.090, and 43.88.160; adding a new section to chapter 43.88 RCW; adding a new section to chapter 44.28 RCW; and creating a new section.

 

Referred to Committee on Ways and Means.

 

SB 5227          by Senators Skratek, Haugen, Sheldon, Erwin, Winsley, M. Rasmussen, Barr and Roach

 

AN ACT Relating to taxing property based on actual use; amending RCW 84.34.010, 84.34.020, 84.34.030, 84.34.035, 84.34.045, 84.34.060, 84.34.080, and 84.34.108; adding a new section to chapter 84.34 RCW; and providing a contingent effective date.

 

Referred to Committee on Labor and Commerce.

 

SB 5228          by Senators Skratek, Haugen, A. Smith, Winsley and Quigley

 

AN ACT Relating to ongoing absentee voter status; amending RCW 29.36.013; and repealing RCW 29.36.016.

 

Referred to Committee on Government Operations.

 

SB 5229          by Senators Vognild, Sellar, Skratek, Winsley and Oke

 

AN ACT Relating to creating department of transportation and Washington state patrol's rule-making authority to govern state rest area activities; amending RCW 47.38.010 and 47.38.030; and prescribing penalties.

 

Referred to Committee on Transportation.

 

SB 5230          by Senators Hargrove, Anderson, Roach, Snyder, M. Rasmussen, Haugen, Jesernig, Deccio and Oke

 

AN ACT Relating to growth management deadlines; amending RCW 36.70A.040 and 82.02.050; and declaring an emergency.

 

Referred to Committee on Government Operations.

 

SB 5231          by Senators Snyder, Hargrove, Amondson, Owen, Erwin, McCaslin, L. Smith, Jesernig, Prentice, Winsley, Quigley and Roach

 

AN ACT Relating to economic development; amending RCW 82.61.010 and 82.61.070; and repealing RCW 82.60.050, 82.61.040, and 82.62.040.

 

Referred to Committee on Ways and Means.

 

SB 5232          by Senators Hargrove, Vognild, Snyder, Owen, Anderson, Amondson, Erwin, McCaslin, Roach, L. Smith, M. Rasmussen, Jesernig, Prentice and Barr

 

AN ACT Relating to vehicular weight enforcement; and amending RCW 46.44.100 and 46.44.105.

 

Referred to Committee on Transportation.

 

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

 

AN ACT Relating to costs allowed to a prevailing party; and amending RCW 4.84.010.

 

Referred to Committee on Law and Justice.

 

SB 5234          by Senators Snyder, Gaspard, Wojahn, Bauer and Winsley

 

AN ACT Relating to vacancies in elective office; amending RCW 36.32.070, 42.12.040, and 42.12.010; adding new sections to chapter 42.12 RCW; and providing a contingent effective date.

 

Referred to Committee on Government Operations.

 

SB 5235          by Senators Fraser, Barr, Sutherland, Owen and Winsley (by request of Department of Health)

 

AN ACT Relating to enforcement of public water system requirements; amending RCW 70.119A.030, 70.119A.040, and 70.119A.050; adding a new section to chapter 70.119A RCW; and prescribing penalties.

 

Referred to Committee on Ecology and Parks.

 

SB 5236          by Senators Fraser, Barr, Sutherland, Owen and Winsley (by request of Department of Health)

 

AN ACT Relating to public water supply system operators; amending RCW 70.119.150; and adding a new section to chapter 70.119 RCW.

 

Referred to Committee on Ecology and Parks.

 

SB 5237          by Senators M. Rasmussen, A. Smith, Nelson, Winsley, Haugen, von Reichbauer, Oke, Roach and Spanel (by request of Attorney General and Secretary of State)

 

AN ACT Relating to charitable solicitations; amending RCW 19.09.020, 19.09.065, 19.09.075, 19.09.076, 19.09.079, 19.09.085, 19.09.097, 19.09.271, 19.09.100, 19.09.190, 19.09.200, 19.09.210, 19.09.230, 19.09.240, 19.09.275, 19.09.305, 19.09.315, 43.07.130, 11.110.010, 11.110.040, 11.110.050, 11.110.060, 11.110.070, 11.110.075, 11.110.080, 11.110.125, and 11.110.130; adding a new section to chapter 43.07 RCW; adding new sections to chapter 19.09 RCW; creating new sections; repealing RCW 19.09.078; prescribing penalties; providing an effective date; and declaring an emergency.

 

Referred to Committee on Law and Justice.

 

SJM 8003        by Senators Skratek, Erwin, Sheldon, Bluechel, M. Rasmussen, Deccio and von Reichbauer

 

Petitioning Congress to establish the Rural Development Council on a permanent basis.

 

Referred to Committee on Trade, Technology and Economic Development.

 

SJR 8207         by Senators Skratek, Haugen, Sheldon, Erwin, Winsley, M. Rasmussen and Roach

 

Taxing based on actual use.

 

Referred to Committee on Labor and Commerce.

 

SJR 8208         by Senators Snyder, Gaspard, Wojahn, Bauer and Winsley

 

Changing procedures for filling vacancies in certain elective offices.

 

Referred to Committee on Government Operations.


MOTION


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


SENATE RESOLUTION 1993-8603


By Senators Pelz, Wojahn, Drew, West, Oke, Gaspard, McAuliffe, Prentice, Fraser, Rinehart, Skratek, Niemi, Spanel, von Reichbauer, McDonald, Quigley, A. Smith, Anderson, Erwin, Bauer, Winsley, Snyder and Roach


     WHEREAS, The Reverend Dr. Martin Luther King, Jr. devoted his life and teachings to the fight against injustice, intolerance, and segregation; and

     WHEREAS, Dr. King's legacy of nonviolent change gave all Americans a share in his dream that "one day this nation will rise up and live out the true meaning of its creed... that all men are created equal"; and

     WHEREAS, Dr. King's speech "I Have A Dream" expressed the dreams of all Americans for equality and justice when he said he prayed that one day his children would live in a nation where they will be judged not by the color of their skin but by the content of their character; and

     WHEREAS, Dr. King symbolizes this nation's promise of liberty and democracy for all its citizens, and has become the symbol of freedom and democracy for all people throughout the world; and

     WHEREAS, Dr. King understood the work of God, he knew that justice must overcome injustice, peace must overcome violence, and love must overcome hate;

     NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby honors the work of Dr. King and embraces his ideals and teachings; and

     BE IT FURTHER RESOLVED, That the Washington State Senate joins with the people of our state in celebration of Dr. King's dream and his legacy.


     A tape was played of a portion of a speech by the Reverend Dr. Martin Luther King.

     Senators Pelz, Wojahn, Gaspard, Sellar and McAuliffe spoke to Senate Resolution 1993-8603.


MOTION


     At 11:54 a.m., on motion of Senator Jesernig, the Senate adjourned until 12:00 noon, Tuesday, January 19, 1993.


JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate