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FIFTY-FOURTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, March 5, 1993
The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Erwin, Rinehart, Skratek, Linda Smith, von Reichbauer, West and Wojahn. On motion of Senator Oke, Senators Erwin, Linda Smith, von Reichbauer and West were excused. On motion of Senator Spanel, Senators Rinehart, Skratek and Wojahn were excused.
The Sergeant at Arms Color Guard, consisting of Pages Maria Srein and Peter Rogers, presented the Colors. Reverend Robert H. Cassis, Jr., pastor of the South Sound Presbyterian Church of Olympia, 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
DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT
Contact: Phil Ness
(206) 464-7143
Release Date: March 2, 1993
Washington State Biotechnology Committee
Releases Annual Report
Seattle (March 2) -- George Rathmann, co-chair of the state's Biotechnology Targeted Sector Advisory Committee, today released the committee's annual report on biotechnology in Washington. The committee is an advisory body to the Washington State Department of Trade and Economic Development.
The committee's top priorities are strengthening math, science and technology education at the K-12 levels, the creation of a biotechnology job training program and supporting biotechnology curricula development at our state's institutions of higher education. Citing the need for legislative support for biotechnology, Rathmann, who is also President and CEO of Bothell's ICOS Corp., said biotechnology will continue to be one of the most dynamic and rapidly growing sectors of the state's economy into the next decade.
The state currently has more that 60 biotechnology companies. The state's biotechnology workforce grew 26 percent from 1990-1992 to nearly 5,000 employees, according to the latest survey of the state's biotech firms by the Department of Trade and Economic Development. This growth rate is more than twelve times the state's total employment growth rate for the same period. Biotechnology revenue totalled more that $200 million, an increase of more than 30 percent from 1990-1992. Using conservative growth rates the biotechnology industry will have more than 90 companies, employ nearly 10,000 people and bring in revenue of more than $1 billion by the end of the decade.
These numbers exclude biotechnology employment at Batelle's Pacific Northwest Laboratory, Weyerhaeuser and at the state's universities, which are the source of most of the state's biotechnology firms. Biotechnology employees at these organizations are excluded from sector employment totals because of the difficulty in collecting and separating biotech employment from the organizations' total employment.
The average base salary on the West Coast for a starting level research associate with a 4-year college degree and no experience ranges from $19,800 to $29,100; starting scientists with a Ph.D. degree and no experience receive $35,500 to $55,000.
Washington State, without any strategic planning or targeted investment, has become a focus of biotechnology research and development. This is due in large part to the high quality of research being done at the University of Washington, Washington State University, Eastern Washington University, and the Fred Hutchinson Cancer Research Center.
The University of Washington, which has one of the premier health sciences centers on the West Coast, receives more federal research and training money than any other public university in the country--$385 million. The Fred Hutchinson Cancer Research Center performs more bone marrow transplants than any other institution in the world and has the nations' largest research program on causes and prevention of cancer.
Biotechnology, as defined by the state's study, is any modern technology that uses living organisms--or parts of organisms--to produce or modify products, to improve plants or animals, or to develop microorganisms for specific uses. Some experts predict biotechnology will be worth tens of billions by the turn of the century.
There are six main biotechnology centers in the United States: the San Francisco Bay area, the New York/Tri-State area, the Boston area, the Washington D.C. area, the San Diego/Los Angeles area. The Seattle area contains the sixth largest biotech center in total number of companies.
The state's report, prepared by the Washington State Department of Trade and Economic Development's Advisory Committee under authority of a law passed by the 1989 Legislature, was assigned three objectives:
1) Assess the status of biotechnology in Washington.
2) Develop a program to increase biotechnology employment, capital investment and product sales.
3) Develop an evaluation process to measure the program's effectiveness.
The Advisory Committee members appointed by Governor Gardner conducted numerous surveys of the state's biotech firms. Additionally, subcommittees studied labor availability, employment training, regulation and legislation, tax structure, capital availability, technology transfer and industrial recruitment.
The committee, and the Washington State Biotechnology Association (WSBA), are taking a number of steps to support education during the current year, including:
1. Supporting the Washington Systemic Initiative for Mathematics, Science and Technology Education. This is a statewide, private-public sector effort for reform of elementary mathematics, science and technology education. A $10 million, five-year grant proposal was submitted to the National Science Foundation in October 1992. Notification of the award is expected in May 1993.
2. Complete an annual survey (follow-up to the 1990 advisory committee survey) focusing on human resource issues, education (curricula development), job training needs, financing requirements, facility needs, instate technology transfer relationships and current product development stage, all based on 10-year projections.
3. Establish an informational biotechnology clearinghouse of "existing and proposed" higher education student internship programs, higher education, private biotech firm and other K-12 teacher education programs, like the Fred Hutchinson Cancer Research Center/Immunex Corporation "Education Partnership Program" to train junior high school teachers. This information will be used to strengthen and improve existing biotechnology education and to develop a long-term plan to further enhance science education in the state.
4. Develop and implement a higher education curricula development plan and expand existing internship programs.
5. Organize a consortium of biotechnology firms and community colleges to develop a state funded biotechnology training program.
Rathmann explained that the state of Washington was fortunate during the 1970s' to have farsighted individuals who seized opportunities to capitalize on the state's education and economic base, which resulted in increased federal research, and training funds to our research universities, and the creation of the Fred Hutchinson Cancer Research Center. We now have similar opportunities which strengthen the state's economic foundation, in particular the newly established Department of Molecular Biotechnology at the University of Washington, the Environmental and Molecular Science Laboratory in the Tri-Cities, the state's systemic initiative for math, science and technology education and the proposed federal shifting of funds from defense to industrial research and development. The question is--will our state's business, educational, state and federal leaders act upon these opportunities? Supporting biotechnology development can strengthen Washington's traditional forest products, agricultural and fishing industries. Perhaps of greater importance is the impact supporting biotechnology will have in enhancing the chances of success for the state's emerging biotechnology industry. This encompasses the human therapeutic, diagnostic, medical device and environmental waste cleanup and management companies, which will ultimately improve and reduce the cost of healthcare and improve the quality of life for our citizens.
The Select Committee Report is on file in the Office of the Secretary of the Senate.
MESSAGE FROM THE HOUSE
March 3, 1993
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1127,
HOUSE BILL NO. 1212,
SUBSTITUTE HOUSE BILL NO. 1260, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
INTRODUCTION AND FIRST READING
SB 5955 by Senator Owen
AN ACT Relating to wells; amending RCW 18.104.010, 18.104.020, 18.104.030, 18.104.040, 18.104.043, 18.104.048, 18.104.050, 18.104.060, 18.104.070, 18.104.080, 18.104.100, 18.104.110, 18.104.120, 18.104.150, 18.104.155, 18.104.180, 18.104.900, and 89.16.055; adding new sections to chapter 18.104 RCW; prescribing penalties; and providing an expiration date.
Referred to Committee on Ecology and Parks.
SB 5956 by Senators Gaspard, Sellar, Sutherland, Bauer, Spanel, M. Rasmussen, McAuliffe and von Reichbauer (by request of Governor Lowry and Attorney General Gregorie)
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.
HOLD.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
ESHB 1127 by House Committee on Transportation (originally sponsored by Representatives R. Fisher, Brumsickle, Brown, Horn, Long, Quall, Carlson and Johanson) (by request of Washington State Patrol)
Controlling vehicle tax or license fee evasion.
Referred to Committee on Transportation.
HB 1212 by Representatives Dorn, Brumsickle, Hansen, Chappell, Lisk, Grant, Riley, Rayburn, Rust and Kremen
Changing the approval authority for state allocations for youth shows and fairs.
Referred to Committee on Agriculture.
SHB 1260 by House Committee on Environmental Affairs (originally sponsored by Representatives Linville, Horn and Rust) (by request of Utilities and Transportation Commission)
Modifying review of solid waste collection company tariff filings.
Referred to Committee on Ecology and Parks.
MOTION
On motion of Senator Jesernig, the rules were suspended, Senate Bill No. 5956 was advanced to second reading and placed on the second reading calendar.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Adam Smith, Gubernatorial Appointment No. 9198, Jan Kumasaka, as Chair of the Human Rights Commission, was confirmed.
APPOINTMENT OF JAN KUMASAKA
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Winsley - 42.
Excused: Senators Erwin, Rinehart, Skratek, Smith, L., von Reichbauer, West and Wojahn - 7.
MOTION
On motion of Senator Adam Smith, Gubernatorial Appointment No. 9200, Judge David LaRose, as Chief Administrative Law Judge, Office of Administrative Hearings, was confirmed.
APPOINTMENT OF JUDGE DAVID LaROSE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams and Winsley - 44.
Excused: Senators Rinehart, Skratek, Smith, L., von Reichbauer and Wojahn - 5.
MOTION
On motion of Senator Adam Smith, Gubernatorial Appointment No. 9223, Phyllis Pulfer, as a member of the Human Rights Commission, was confirmed.
APPOINTMENT OF PHYLLIS PULFER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams and Winsley - 43.
Voting nay: Senator Roach - 1.
Excused: Senators Rinehart, Skratek, Smith, L., von Reichbauer and Wojahn - 5.
MOTION
On motion of Senator Adam Smith, Gubernatorial Appointment No. 9226, Lucio Rodriguez, as a member of the Human Rights Commission, was confirmed.
APPOINTMENT OF LUCIO RODRIGUEZ
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams and Winsley - 43.
Voting nay: Senator Nelson - 1.
Excused: Senators Rinehart, Skratek, Smith, L., von Reichbauer and Wojahn - 5.
SECOND READING
SENATE BILL NO. 5956, by Senators Gaspard, Sellar, Sutherland, Bauer, Spanel, M. Rasmussen, McAuliffe and von Reichbauer (by request of Governor Lowry and Attorney General Gregorie)
Establishing a commission on ethics in government and campaign practices.
The bill was read the second time.
MOTION
On motion of Senator Gaspard, the rules were suspended, Senate Bill No. 5956 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 Deccio: "Senator Gaspard, I haven't read the document. Would this apply to all facets of government, not just the Legislature--the Supreme Court, the Governor's Office, the AG's office, all the departments of government?"
Senator Gaspard: "Yes, Senator Deccio, this will include all three branches of government. It will not only include the elective officers, but all public employees. As you well know, the standards that we set will have to be standards that will apply to all of those who are employees of the state, whether it is what we generally consider state employees or higher education for example, the same type of issues that involve elected offices, also involve employees of the state of Washington."
Senator Deccio: "Thank you."
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5956.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5956 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams and Winsley - 47.
Excused: Senators von Reichbauer and Wojahn - 2.
SENATE BILL NO. 5956, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Jesernig, Senate Bill No. 5956 was immediately transmitted to the House of Representatives.
MOTION
On motion of Senator Spanel, Senators Rinehart and Skratek were excused.
SECOND READING
SENATE BILL NO. 5082, by Senators M. Rasmussen, Barr, Erwin and Bauer
Including ratites in poultry farming regulations.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 5082 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. 5082.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5082 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 46.
Excused: Senators Rinehart, Skratek and Wojahn - 3.
SENATE BILL NO. 5082, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5484, by Senators Quigley, Roach, Vognild, Prince, Loveland, Moyer, McAuliffe and L. Smith
Preserving rights under prior lien laws.
The bill was read the second time.
MOTION
On motion of Senator Quigley, the rules were suspended, Senate Bill No. 5484 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. 5484.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5484 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 46.
Excused: Senators Rinehart, Skratek and Wojahn - 3.
SENATE BILL NO. 5484, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8400, by Senators Talmadge, Skratek, Haugen, Owen, A. Smith, Pelz, Bluechel, Winsley and Erwin
Declaring a sister state relationship with the Province of Taiwan.
MOTIONS
On motion of Senator Sheldon, Substitute Senate Concurrent Resolution No. 8400 was substituted for Senate Concurrent Resolution No. 8400 and the substitute concurrent resolution was placed on second reading and read the second time.
On motion of Senator Sheldon, the rules were suspended, Substitute Senate Concurrent Resolution No. 8400 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the adoption of Substitute Senate Concurrent Resolution No. 8400.
Substitute Senate Concurrent Resolution No. 8400 was adopted by voice vote.
SECOND READING
SENATE BILL NO. 5053, by Senators A. Smith, Haugen, Loveland and McAuliffe
Requiring the department of licensing to collect the local vessel excise tax on behalf of the counties.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5053 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. 5053.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5053 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 47.
Voting nay: Senator Nelson - 1.
Excused: Senator Wojahn - 1.
SENATE BILL NO. 5053, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5452, by Senators Hargrove, Deccio, Oke and Hochstatter
Requiring misdemeanants to pay jail costs.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 5452 was substituted for Senate Bill No. 5452 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 Adam Smith was adopted:
On page 1, beginning on line 6, strike all material through "incarceration" on line 8, and insert "Once a defendant has been convicted of a misdemeanor or gross misdemeanor, unless the defendant has been found by the court, pursuant to RCW 10.101.020, to be indigent"
MOTION
On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 5452 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. 5452.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5452 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 48.
Excused: Senator Wojahn - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5452, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
At 9:57 a.m., on motion of Senator Jesernig, the Senate was declared to be at ease.
The Senate was called to order at 11:10 a.m. by President Pritchard.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Haugen, Gubernatorial Appointment No. 9234, Doug Sayan, as a member of the Personnel Appeals Board, was confirmed.
APPOINTMENT OF DOUG SAYAN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams and Winsley - 47.
Voting nay: Senator West - 1.
Excused: Senator Wojahn - 1.
SECOND READING
SENATE BILL NO. 5470, by Senators Pelz, Bauer, Skratek, Drew and McAuliffe
Eliminating certain limitations on credit hours that may be used to determine compensation allocations for basic education certificated instructional staff.
The bill was read the second time.
MOTION
Senator Cantu moved that the following amendment be adopted:
On page 1, line 10, after "28A.150.260." insert "Recognizing that the state is shifting to a performance-based education system for its students, the state-wide salary allocation schedule for certificated instructional staff shall, beginning July 1, 1995, be based on a performance-based salary schedule."
Debate ensued.
Senator Newhouse demanded a roll call and the demand was sustained.
Further debate ensued.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 19; Nays, 29; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L. and West - 19.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams and Winsley - 29.
Excused: Senator Wojahn - 1.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 5470 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Roach, Senator Oke was excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5470.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5470 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 14; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 34.
Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Nelson, Newhouse, Prince, Sellar and West - 14.
Excused: Senator Oke - 1.
SENATE BILL NO. 5470, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5442, by Senators Vognild, Sellar, Skratek and von Reichbauer
Clarifying authority of tow truck operators.
The bill was read the second time.
MOTION
Senator Franklin moved that the following amendments be considered simultaneously and be adopted:
On page 1, after line 3, insert the following:
"Sec. 1. RCW 46.55.085 and 1987 c 311 s 6 are each amended to read as follows:
(1) A law enforcement officer discovering an ((apparently abandoned)) unauthorized vehicle left within a highway right of way shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:
(a) The date and time the sticker was attached;
(b) The identity of the officer;
(c) A statement that if the vehicle is not removed within twenty-four hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner's expense; and
(d) The address and telephone number where additional information may be obtained.
(2) If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.
(3) If the vehicle is not removed within twenty-four hours from the time the notification sticker is attached, the law enforcement officer may take custody of the vehicle and provide for the vehicle's removal to a place of safety. A vehicle that does not pose a safety hazard may remain on the roadside for more than twenty-four hours if the owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance.
(4) For the purposes of this section a place of safety includes the business location of a registered tow truck operator."
Renumber the sections following consecutively and correct internal references accordingly.
On page 6, after line 16, insert the following:
"NEW SECTION. Sec. 4. RCW 46.90.103 and 1975 1st ex.s. c 54 s 4 are each repealed."
POINT OF INQUIRY
Senator Anderson: "Senator Franklin, this bill dealing with tow trucks has been in front of the Senate, I think, for the last four years. Every year there have been several groups that have had a particular point of view to be brought into this bill. It is my understanding that the bill, as it came out of committee, is finally, after four years, an agreed-to bill that everyone can live with. I'm hesitant not having studied these amendments, to know if these amendments potentially will tip that agreement that is on the original bill and wanted to know if you had worked with them in some of the other groups in bringing these amendments forward?"
Senator Franklin: "Senator Anderson, I had not heard any objection to these amendments and I don't think that it will interfere with the bill at all."
The President declared the question before the Senate to be the adoption of the amendments by Senator Franklin on page 1, line 3, and page 6, after line 16, to Senate Bill No. 5442.
The motion by Senator Franklin carried and the amendments were adopted.
MOTION
On motion of Senator Vognild, the following amendments were considered simultaneously and were adopted:
On page 5, line 33, after "vehicles" strike "or" and insert "((or)),"
On page 5, line 33, after "wrecking" insert ", or exchanging an operable vehicle for a disabled vehicle"
MOTIONS
On motion of Senator Franklin, the following title amendments were considered simultaneously and were adopted:
On line 1 of the title, after "trucks;" strike "and"
On line 1 of the title, after "RCW" insert "46.55.085,"
On line 2 of the title, after "81.80.040" insert "; and repealing RCW 46.90.103"
On motion of Senator Vognild, the rules were suspended, Engrossed Senate Bill No. 5442 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Oke, Senator Bluechel was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5442.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5442 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Bluechel - 1.
ENGROSSED SENATE BILL NO. 5442, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5228, by Senators Skratek, Haugen, A. Smith, Winsley and Quigley
Expanding eligibility for ongoing absentee voter status.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5228 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. 5228.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5228 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 11; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 37.
Voting nay: Senators Amondson, Anderson, Barr, Cantu, Deccio, Hochstatter, McCaslin, Nelson, Newhouse, Roach and Smith, L. - 11.
Excused: Senator Bluechel - 1.
SENATE BILL NO. 5228, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5075, by Senators Winsley, Fraser and Erwin
Prohibiting hazing at institutions of higher education.
MOTIONS
On motion of Senator Drew, Substitute Senate Bill No. 5075 was substituted for Senate Bill No. 5075 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Drew, the rules were suspended, Substitute Senate Bill No. 5075 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 Hargrove: "Senator Winsley, under New Section 3, where it describes that a person who participates in hazing can loose entitlement to public funds, etc., would that be following a criminal conviction under New Section 2 or would that be an administrative determination by the university?"
Senator Winsley: "I believe it is after they have been found guilty. If they were on a state scholarship or some type of scholarship where we were paying, out of state funds, for that scholarship, they would lose that."
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. 5075.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5075 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Voting nay: Senators Amondson and Bluechel - 2.
SUBSTITUTE SENATE BILL NO. 5075, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
PERSONAL PRIVILEGE
Senator Sheldon: "I would like to rise to a point of personal privilege, Mr. President. I just wanted to explain our little gift today from Kitsap County and the twenty-third district. This is very special business in our district, the Thomas Kemper Brewery, and what you have on your desk is a lovely root beer, which I am sure you will all enjoy very much. I did want to point out that it is from the Twenty-third District and it is a wonderful small business."
MOTION
At 11:57 a.m., on motion of Senator Jesernig, the Senate adjourned until 9:00 a.m., Monday, March 8, 1993.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate