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THIRTY-SEVENTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, February 15, 1994
The Senate was called to order at 8:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Deccio, Hargrove, McCaslin, Moore, Moyer, Niemi, Owen, Pelz, Prince and Talmadge. On motion of Senator Oke, Senators Deccio, McCaslin, Moyer and Prince were excused.
The Sergeant at Arms Color Guard, consisting of Pages Ben Shore and Adam Magnoni, presented the Colors. Reverend Kathryn Everett, pastor of the First United Methodist Church of Olympia, offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
February 12, 1994
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1122,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2168,
ENGROSSED HOUSE BILL NO. 2190,
HOUSE BILL NO. 2205,
SUBSTITUTE HOUSE BILL NO. 2220,
HOUSE BILL NO. 2242,
SUBSTITUTE HOUSE BILL NO. 2414,
HOUSE BILL NO. 2599,
ENGROSSED HOUSE BILL NO. 2603,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2644,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2688,
ENGROSSED HOUSE BILL NO. 2702,
ENGROSSED HOUSE BILL NO. 2776, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
February 12, 1994
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2434, and the same is herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
February 12, 1994
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 2294,
SUBSTITUTE HOUSE BILL NO. 2458,
SUBSTITUTE HOUSE BILL NO. 2464,
SUBSTITUTE HOUSE BILL NO. 2465,
SUBSTITUTE HOUSE BILL NO. 2526, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
February 14, 1994
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1724,
HOUSE BILL NO. 2147,
HOUSE BILL NO. 2150,
HOUSE BILL NO. 2160,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2198,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2224,
ENGROSSED HOUSE BILL NO. 2302,
HOUSE BILL NO. 2333,
SUBSTITUTE HOUSE BILL NO. 2433,
HOUSE BILL NO. 2694,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2815, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 1122 by House Committee on Local Government (originally sponsored by Representatives Pruitt, Schmidt, Zellinsky, H. Myers, B. Thomas, Dunshee, Valle, R. Meyers, Basich, Brough and Quall)
Changing provisions relating to excess levies in park and recreation districts and service areas.
Referred to Committee on Ecology and Parks.
ESHB 1724 by House Committee on Education (originally sponsored by Representatives Kremen, Morris, Quall, Chandler, Rayburn, Springer, Edmondson, Mastin, Kessler, Finkbeiner, Grant, Dorn, Basich, Zellinsky, Ludwig, Campbell, Lemmon, Brough, Tate, Casada, Wood, Foreman, Holm, Roland, Fuhrman, Stevens, Sheahan, Schoesler, Long and Lisk)
Requiring the superintendent of public instruction to publicize and make available a listing of instructional materials on sexual abstinence.
Referred to Committee on Education.
HB 2147 by Representatives Carlson, Talcott, Wood, Chandler, Forner, Van Luven, Sehlin, Schoesler, B. Thomas and Cooke
Exempting institutions of higher education from certain expenditure requirements.
Referred to Committee on Higher Education.
HB 2150 by Representatives Campbell, Ballasiotes, Chappell, Mastin, Tate, Chandler, Roland, Brough and Lisk
Closing firearm training and practice facilities.
Referred to Committee on Law and Justice.
HB 2160 by Representatives Ogden, Wineberry and H. Myers
Concerning employees of public housing authorities.
Referred to Committee on Health and Human Services.
ESHB 2168 by House Committee on Local Government (originally sponsored by Representatives Ogden, Carlson, Springer, H. Myers, Morris and L. Johnson)
Authorizing certain counties to appoint a medical examiner to perform the duties of coroner.
Referred to Committee on Government Operations.
EHB 2190 by Representatives Ogden and H. Myers (by request of Department of Community Development)
Modifying limitations of housing-related capital bond proceeds.
Referred to Committee on Labor and Commerce.
ESHB 2198 by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Campbell, Horn, Long, Wood, Appelwick, Ballard, Karahalios, Reams, Wineberry, Foreman, Kessler, Cooke, Dyer, Schoesler, Casada, B. Thomas, Carlson, Van Luven, Silver, Schmidt, Brumsickle, Brough, J. Kohl, King, Flemming, Roland, Kremen, Sheldon, Chandler, Eide, Johanson, Lisk, Sehlin and Springer)
Forbidding juvenile sex offenders from attending the same school as their victims.
Referred to Committee on Law and Justice.
HB 2205 by Representatives Cothern, L. Johnson and H. Myers
Creating urban emergency medical service districts.
Referred to Committee on Government Operations.
SHB 2220 by House Committee on Local Government (originally sponsored by Representatives Wolfe, Brumsickle, Ogden and H. Myers)
Appointing commissioners for housing authorities.
Referred to Committee on Government Operations.
ESHB 2224 by House Committee on Transportation (originally sponsored by Representatives R. Fisher, Zellinsky, Forner and Cothern) (by request of Department of Licensing)
Regulating licensing of motor vehicles and vessels.
Referred to Committee on Transportation.
HB 2242 by Representatives Leonard, Cooke, Wolfe, Morris, L. Johnson, J. Kohl, Roland, Karahalios and Springer (by request of Department of Corrections and Department of Social and Health Services)
Authorizing the department of corrections to transfer juveniles under age eighteen to juvenile correctional institutions.
Referred to Committee on Law and Justice.
SHB 2294 by House Committee on Education (originally sponsored by Representatives Patterson, G. Fisher, Dorn, Brough, Karahalios, Cothern, Campbell, Shin, Basich, Springer, B. Thomas, Holm and J. Kohl)
Allowing two-year levies for transportation vehicle funds.
Referred to Committee on Education.
EHB 2302 by Representatives Rayburn, Foreman, Hansen and Bray
Modifying provisions relating to sale or lease of irrigation district real and personal property.
Referred to Committee on Agriculture.
HB 2333 by Representatives Eide, Johanson, H. Myers, Heavey, Wineberry, Karahalios, Brough and Kessler
Preventing custodial interference.
Referred to Committee on Law and Justice.
SHB 2414 by House Committee on Transportation (originally sponsored by Representatives Brown, R. Fisher, Appelwick, J. Kohl, King and Patterson) (by request of Washington Traffic Safety Commission)
Changing provisions relating to child passenger restraint systems.
Referred to Committee on Law and Justice.
SHB 2433 by House Committee on Revenue (originally sponsored by Representatives Peery, Ballard, G. Fisher, Foreman, Linville, Pruitt, Wineberry, Silver, Van Luven, L. Johnson, Cooke, Dunshee, Horn, Appelwick, Thibaudeau, Forner, Wang, H. Myers, Romero, Fuhrman, Wood, Valle, Brumsickle, Mastin, Finkbeiner, Ballasiotes, Chandler, Brough, Morris, Lemmon, Ogden, Springer, Quall, Wolfe, McMorris, Moak, Dorn, Sheahan, Carlson, R. Fisher, Karahalios, Johanson, Campbell, Edmondson, Cothern, Kessler, Basich, J. Kohl, Conway, Jones, Shin, Sheldon, King, Orr, Patterson, Eide, Dellwo, Rayburn, Roland and Anderson)
Providing open government through unedited televised coverage of state government proceedings.
Referred to Committee on Ways and Means.
ESHB 2434 by House Committee on Commerce and Labor (originally sponsored by Representatives Riley and Basich)
Changing a time limit for public works bids.
Referred to Committee on Labor and Commerce.
SHB 2458 by House Committee on Energy and Utilities (originally sponsored by Representatives Heavey, Reams, Kremen, Schmidt and Shin)
Specifying the duty of publicly owned utilities to serve within their service areas.
Referred to Committee on Energy and Utilities.
SHB 2464 by House Committee on Local Government (originally sponsored by Representatives H. Myers, Edmondson, Jones, Brown, Springer, Wolfe, Shin, Kessler, Ogden, Leonard, Thibaudeau, Flemming, J. Kohl, Dunshee, Reams, R. Fisher, Romero, Wood, Morris, Sommers, Zellinsky, Orr, Mastin, Kremen, Appelwick, Wang, Peery, Cooke, Wineberry, Karahalios, Brough, Caver, King, Eide and L. Johnson)
Limiting zoning regulation of family day-care providers' home facilities.
Referred to Committee on Government Operations.
SHB 2465 by House Committee on State Government (originally sponsored by Representatives Anderson, Veloria, L. Thomas, Reams, Conway, Pruitt, Campbell, King, Brough, Fuhrman, Wood, Dyer, J. Kohl and Quall)
Copying public records.
Referred to Committee on Law and Justice.
SHB 2526 by House Committee on Commerce and Labor (originally sponsored by Representatives Heavey, Chandler, Anderson, Wineberry, Campbell, Casada, Chappell, Morris, Kessler, Dorn, King, Carlson, Conway, G. Cole, R. Meyers, Hansen, Pruitt, Bray, J. Kohl, Jones, Leonard, Holm, Moak, Eide, Roland, Scott, Grant, Quall, Kremen, Schoesler, Talcott and Springer)
Including chiropractic care in health services available under industrial insurance.
Referred to Committee on Labor and Commerce.
HB 2599 by Representatives H. Myers, Ogden, Quall, Jones, Flemming, Valle, Kremen, Roland, J. Kohl and L. Johnson
Authorizing sexual assault prevention and awareness services through the department of community, trade, and economic development in cooperation with the superintendent of public instruction.
Referred to Committee on Health and Human Services.
EHB 2603 by Representatives Brough and Sommers
Restricting the allowance on retirement for disability.
Referred to Committee on Ways and Means.
ESHB 2644 by House Committee on Appropriations (originally sponsored by Representatives Sommers and Silver) (by request of Department of Retirement Systems)
Making retirement contributions and payments.
Referred to Committee on Ways and Means.
ESHB 2688 by House Committee on Commerce and Labor (originally sponsored by Representatives G. Cole and King) (by request of Attorney General)
Modifying the duties and responsibilities of sellers of travel.
Referred to Committee on Labor and Commerce.
HB 2694 by Representatives G. Fisher and Dunshee
Expanding uses for investment earnings.
Referred to Committee on Labor and Commerce.
EHB 2702 by Representatives Brown, Orr and Padden
Concerning public improvement bonds' retainage level.
Referred to Committee on Labor and Commerce.
EHB 2776 by Representatives Sommers and Horn
Exempting certain apprentices from the retirement system.
Referred to Committee on Ways and Means.
ESHB 2815 by House Committee on State Government (originally sponsored by Representatives Anderson, Veloria, Caver, Wolfe, Romero, Reams, Bray, Ballard, Pruitt, Jones and Quall) (by request of Department of General Administration)
Reforming state procurement practices.
Referred to Committee on Government Operations.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Vognild, Gubernatorial Appointment No. 9413, Robert J. Bavasi, as a member of the Board of Trustees for Everett Community College District No. 5, was confirmed.
CONFIRMATION OF ROBERT J. BAVASI
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 6; Excused, 4.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Morton, Nelson, Newhouse, Oke, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, West, Williams, Winsley and Wojahn - 39.
Absent: Senators Hargrove, Moore, Niemi, Owen, Pelz and Talmadge - 6.
Excused: Senators Deccio, McCaslin, Moyer and Prince - 4.
MOTION
On motion of Senator Drew, Senators Moore, Niemi, Owen and Pelz were excused.
MOTION
On motion of Senator Spanel, Gubernatorial Appointment No. 9390, Murray Haskell, as a member of the Board of Trustees for Bellingham Technical College District No. 25, was confirmed.
CONFIRMATION OF MURRAY HASKELL
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, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Morton, Nelson, Newhouse, Oke, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.
Excused: Senators McCaslin, Moore, Moyer, Niemi, Owen, Pelz and Prince - 7.
MOTION
At 8:22 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 9:49 a.m. by President Pritchard.
SECOND READING
SENATE BILL NO. 6407, by Senators Talmadge, Oke and Pelz
Changing provisions relating to smoking and tobacco products.
MOTIONS
On motion of Senator Talmadge, Substitute Senate Bill No. 6407 was substituted for Senate Bill No. 6407 and the substitute bill was placed on second reading and read the second time.
Senator Cantu moved that the following amendment be adopted:
On page 1, after line 14, strike all materials through and including "inmates." on line 18.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Cantu on page 1, after line 14, to Substitute Senate Bill No. 6407.
The motion by Senator Cantu failed and the amendment was not adopted.
MOTIONS
On motion of Senator Oke, the following amendments by Senators Oke, Pelz and Talmadge were considered simultaneously and were adopted:
On page 2, line 24, after "products" insert ", by any manufacturer, wholesaler, retailer, or its employees,"
On page 2, line 26, after "products" insert ", by any manufacturer, wholesaler, retailer, or its employees,"
On page 2, line 28, after "(2)" insert "The prohibition in subsection (1) of this section only applies to cigarettes, tobacco products, and coupons for those products, when given away for free. It does not apply to any other gifts that are combined with a retail transaction for cigarettes or tobacco products.
(3)"
On motion of Senator Talmadge, the rules were suspended, Engrossed Substitute Senate Bill No. 6407 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6407.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6407 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 11; Absent, 2; Excused, 1.
Voting yea: Senators Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, Moore, Morton, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West and Winsley - 35.
Voting nay: Senators Anderson, Ludwig, McDonald, Newhouse, Roach, Schow, Sellar, Skratek, Vognild, Williams and Wojahn - 11.
Absent: Senators Amondson and Rinehart - 2.
Excused: Senator McCaslin - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6407, 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. 6426, by Senators Sutherland, Ludwig, Talmadge, Quigley, Vognild, Williams, Owen, McCaslin, Amondson, Hochstatter, West, Erwin, Bauer, Pelz, A. Smith, Hargrove, Skratek and Oke
Providing public electronic access to government information.
MOTIONS
On motion of Senator Haugen, Second Substitute Senate Bill No. 6426 was substituted for Senate Bill No. 6426 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Sutherland, the following amendment was adopted:
On page 1, beginning on line 15, strike all of sections (2) and (3) and renumber the remaining sections consecutively.
MOTIONS
On motion of Senator Sutherland, the following amendment was adopted:
On page 2, line 23, after "reports." insert "Implementation of the program is contingent on the availability of funds."
On motion of Senator Sutherland, the following amendment was adopted:
On page 2, after line 23, insert the following:
"Sec. 5. RCW 42.17.370 and 1986 c 155 s 11 are each amended to read as follows:
The commission is empowered to:
(1) Adopt, promulgate, amend, and rescind suitable administrative rules to carry out the policies and purposes of this chapter, which rules shall be adopted under chapter 34.05 RCW;
(2) Appoint and set, within the limits established by the committee on agency officials' salaries under RCW 43.03.028, the compensation of an executive director who shall perform such duties and have such powers as the commission may prescribe and delegate to implement and enforce this chapter efficiently and effectively. The commission shall not delegate its authority to adopt, amend, or rescind rules nor shall it delegate authority to determine whether an actual violation of this chapter has occurred or to assess penalties for such violations;
(3) Prepare and publish such reports and technical studies as in its judgment will tend to promote the purposes of this chapter, including reports and statistics concerning campaign financing, lobbying, financial interests of elected officials, and enforcement of this chapter;
(4) Make from time to time, on its own motion, audits and field investigations;
(5) Make public the time and date of any formal hearing set to determine whether a violation has occurred, the question or questions to be considered, and the results thereof;
(6) Administer oaths and affirmations, issue subpoenas, and compel attendance, take evidence and require the production of any books, papers, correspondence, memorandums, or other records relevant or material for the purpose of any investigation authorized under this chapter, or any other proceeding under this chapter;
(7) Adopt and promulgate a code of fair campaign practices;
(8) Relieve, by rule, candidates or political committees of obligations to comply with the provisions of this chapter relating to election campaigns, if they have not received contributions nor made expenditures in connection with any election campaign of more than one thousand dollars;
(9) Adopt rules prescribing reasonable requirements for keeping accounts of and reporting on a quarterly basis costs incurred by state agencies, counties, cities, and other municipalities and political subdivisions in preparing, publishing, and distributing legislative information. The term "legislative information," for the purposes of this subsection, means books, pamphlets, reports, and other materials prepared, published, or distributed at substantial cost, a substantial purpose of which is to influence the passage or defeat of any legislation. The state auditor in his regular examination of each agency under chapter 43.09 RCW shall review the rules, accounts, and reports and make appropriate findings, comments, and recommendations in his examination reports concerning those agencies;
(10) After hearing, by order approved and ratified by a majority of the membership of the commission, suspend or modify any of the reporting requirements of this chapter in a particular case if it finds that literal application of this chapter works a manifestly unreasonable hardship and if it also finds that the suspension or modification will not frustrate the purposes of the chapter. The commission shall find that a manifestly unreasonable hardship exists if reporting the name of an entity required to be reported under RCW 42.17.241(1)(g)(ii) would be likely to adversely affect the competitive position of any entity in which the person filing the report or any member of his immediate family holds any office, directorship, general partnership interest, or an ownership interest of ten percent or more. Any suspension or modification shall be only to the extent necessary to substantially relieve the hardship. The commission shall act to suspend or modify any reporting requirements only if it determines that facts exist that are clear and convincing proof of the findings required under this section. Any citizen has standing to bring an action in Thurston county superior court to contest the propriety of any order entered under this section within one year from the date of the entry of the order; and
(11) Revise, at least once every five years but no more often than every two years, the monetary reporting thresholds and reporting code values of this chapter. The revisions shall be only for the purpose of recognizing economic changes as reflected by an inflationary index recommended by the office of financial management. The revisions shall be guided by the change in the index for the period commencing with the month of December preceding the last revision and concluding with the month of December preceding the month the revision is adopted. As to each of the three general categories of this chapter (reports of campaign finance, reports of lobbyist activity, and reports of the financial affairs of elected and appointed officials), the revisions shall equally affect all thresholds within each category. Revisions shall be adopted as rules under chapter 34.05 RCW. The first revision authorized by this subsection shall reflect economic changes from the time of the last legislative enactment affecting the respective code or threshold through December 1985.
(12) Develop and provide to filers a system for certification of reports required under this chapter which are transmitted by facsimile or electronically to the commission. Implementation of the program is contingent on the availability of funds."
Renumber the remaining sections consecutively.
MOTIONS
On motion of Senator Sutherland, the following title amendment was adopted:
On page 1, line 2, after "information;" insert "amending RCW 42.17.370;"
On motion of Senator Haugen, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6426 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTIONS
On motion of Senator Oke, Senator Amondson was excused.
On motion of Senator Drew, Senator Rinehart was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6426.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6426 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 1; Excused, 3.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.
Voting nay: Senators Haugen, Loveland and Niemi - 3.
Absent: Senator Snyder - 1.
Excused: Senators Amondson, McCaslin and Rinehart - 3.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6426, 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. 5038, by Senators Haugen and Winsley
Creating a procedure for local government service agreements.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5038 was substituted for Senate Bill No. 5038 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5038 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. 5038.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5038 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.
Voting nay: Senators Anderson and Roach - 2.
Excused: Senators McCaslin and Rinehart - 2.
SUBSTITUTE SENATE BILL NO. 5038, 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. 5579, by Senators Skratek, Erwin, Bluechel, Deccio, M. Rasmussen, Bauer, Jesernig, Sellar, Pelz and Winsley
Creating the office of science and technology.
MOTIONS
On motion of Senator Skratek, Second Substitute Senate Bill No. 5579 was substituted for Senate Bill No. 5579 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Skratek, the rules were suspended, Second Substitute Senate Bill No. 5579 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5579.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5579 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators McCaslin and Rinehart - 2.
SECOND SUBSTITUTE SENATE BILL NO. 5579, 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. 5714, by Senators Fraser, Moore and Barr
Regulating vendor single interest insurance.
MOTIONS
On motion of Senator Moore, Substitute Senate Bill No. 5714 was substituted for Senate Bill No. 5714 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Moore, the rules were suspended, Substitute Senate Bill No. 5714 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. 5714.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5714 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators McCaslin and Rinehart - 2.
SUBSTITUTE SENATE BILL NO. 5714, 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. 6107, by Senators Skratek, Sheldon and M. Rasmussen
Allowing fees for services for the department of community, trade, and economic development.
MOTIONS
On motion of Senator Quigley, Second Substitute Senate Bill No. 6107 was substituted for Senate Bill No. 6107 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Quigley, the rules were suspended, Second Substitute Senate Bill No. 6107 was advanced to third reading, the
second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6107.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6107 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 10; Absent, 2; Excused, 2.
Voting yea: Senators Amondson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moyer, Nelson, Newhouse, Niemi, Oke, Prentice, Prince, Quigley, Rasmussen, M., Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West and Winsley - 35.
Voting nay: Senators Anderson, Cantu, McDonald, Moore, Morton, Roach, Schow, Smith, L., Williams and Wojahn - 10.
Absent: Senators Owen and Pelz - 2.
Excused: Senators McCaslin and Rinehart - 2.
SECOND SUBSTITUTE SENATE BILL NO. 6107, 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 Loveland, Senator Pelz was excused.
SECOND READING
SENATE BILL NO. 6164, by Senators Sheldon, Bluechel, Skratek, Williams, Erwin and M. Rasmussen
Concerning economic development in rural areas.
MOTIONS
On motion of Senator Sheldon, Substitute Senate Bill No. 6164 was substituted for Senate Bill No. 6164 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Sheldon, the rules were suspended, Substitute Senate Bill No. 6164 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. 6164.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6164 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.
Excused: Senators McCaslin, Pelz and Rinehart - 3.
SUBSTITUTE SENATE BILL NO. 6164, 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. 6215, by Senators Skratek and Vognild
Clarifying authority of the utilities and transportation commission over public service companies.
The bill was read the second time.
MOTION
On motion of Senator Vognild, the rules were suspended, Senate Bill No. 6215 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. 6215.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6215 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.
Voting nay: Senators Anderson, Bluechel and McDonald - 3.
Excused: Senator McCaslin - 1.
SENATE BILL NO. 6215, 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. 6221, by Senators A. Smith and Quigley
Authorizing genetic testing to determine parentage.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 6221 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. 6221.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6221 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator McCaslin - 1.
SENATE BILL NO. 6221, 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. 6249, by Senator Vognild (by request of Utilities and Transportation Commission)
Concerning railroad crossing protective devices and their cost of maintenance.
The bill was read the second time.
MOTION
On motion of Senator Vognild, the rules were suspended, Senate Bill No. 6249 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. 6249.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6249 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.
Voting nay: Senators Newhouse, Sellar and Smith, L. - 3.
Absent: Senator Deccio - 1.
Excused: Senator McCaslin - 1.
SENATE BILL NO. 6249, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Spanel, the Senate advanced to the ninth order of business.
Senator Spanel moved that the Committee on Rules be relieved of Senate Bill No. 6146 and to place the bill on the second reading calendar.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Spanel to relieve the Committee on Rules of Senate Bill No. 6146 and to place the bill on the second reading calendar.
The motion by Senator Spanel carried and Senate Bill No. 6146 was placed on the second reading calendar.
MOTIONS
On motion of Senator Spanel, the Committee on Natural Resources was relieved of further consideration of Substitute House Bill No. 2456.
On motion of Senator Spanel, Substitute House Bill No. 2456 was referred to the Committee on Ways and Means.
MOTIONS
On motion of Senator Spanel, the Committee on Natural Resources was relieved of further consideration of House Bill No. 2478.
On motion of Senator Spanel, House Bill No. 2478 was referred to the Committee on Ways and Means.
MOTION FOR RECONSIDERATION
Having served prior notice, Senator Haugen moved to reconsider the vote by which Engrossed Substitute Senate Bill No. 6013 passed the Senate February 14, 1994.
The President declared the question before the Senate to be the motion by Senator Haugen to reconsider the vote by which Engrossed Substitute Senate Bill No. 6013 passed the Senate.
The motion by Senator Haugen carried and the Senate will reconsider the vote by which Engrossed Substitute Senate Bill No. 6013 passed the Senate.
MOTION
On motion of Senator Spanel, further consideration of Engrossed Substitute Senate Bill No. 6013, on reconsideration, was deferred.
MOTION FOR RECONSIDERATION
Having served prior notice, Senator Amondson moved to reconsider the vote by which Engrossed Substitute Senate Bill No. 6009 failed to pass the Senate February 14, 1994.
The President declared the question before the Senate to be the motion by Senator Amondson to reconsider the vote by which Engrossed Substitute Senate Bill No. 6009 failed to pass the Senate.
The motion by Senator Amondson carried and the Senate will reconsider the vote by which Engrossed Substitute Senate Bill No. 6009 failed to pass the Senate.
MOTION
On motion of Senator Snyder, further consideration of Engrossed Substitute Senate Bill No. 6009, on reconsideration, was deferred.
MOTION FOR RECONSIDERATION
Having served prior notice, Senator West moved to reconsider the vote by which Substitute Senate Bill No. 6414 failed to pass the Senate February 12, 1994.
The President declared the question before the Senate to be the motion by Senator West to reconsider the vote by which Substitute Senate Bill No. 6414 failed to pass the Senate.
The motion by Senator West carried and the Senate will reconsider the vote by which Substitute Senate Bill No. 6414 failed to pass the Senate.
MOTION
On motion of Senator Spanel, further consideration of Substitute Senate Bill No. 6414, on reconsideration, was deferred.
MOTION
On motion of Senator Spanel, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 6377, by Senator Moore
Compensating insurance brokers.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, Senate Bill No. 6377 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. 6377.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6377 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Absent: Senator Smith, A. - 1.
Excused: Senator McCaslin - 1.
SENATE BILL NO. 6377, 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 Spanel, the Senate advanced to the seventh order of business.
On motion of Senator Spanel, the Senate commenced consideration of Engrossed Substitute Senate Bill No. 6013, on reconsideration.
MOTIONS
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 6013 was returned to second reading and read the second time.
Senator Haugen moved that the Senate reconsider the vote by which the striking amendment by Senators Haugen and Winsley was adopted February 14, 1994.
The President declared the question before the Senate to be the motion by Senator Haugen to reconsider the vote by which the striking amendment by Senators Haugen and Winsley to Engrossed Substitute Senate Bill No. 6013 was adopted.
The motion by Senator Haugen carried and the Senate will resume consideration of the striking amendment to Engrossed Substitute Senate Bill No. 6013, on reconsideration.
MOTION
On motion of Senator Haugen, and there being no objection, the striking amendment, on reconsideration, to Engrossed Substitute Senate Bill No. 6013, on reconsideration, was withdrawn.
MOTIONS
On motion of Senator Haugen, the following amendment by Senators Haugen and Winsley was adopted:
On page 13, line 19, strike all of section 16 and insert the following:
"Sec. 16. RCW 84.52.043 and 1993 c 337 s 3 are each amended to read as follows:
Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows:
(1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state under RCW 84.52.065 shall not exceed three dollars and sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by the state under section 17 of this act shall not exceed two cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for state fire protection services; (c) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (((c))) (d) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (((d))) (e) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.
(2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; and (e) levies to finance affordable housing for very low-income housing imposed under RCW 84.52.105.
NEW SECTION. Sec. 17. A new section is added to chapter 84.52 RCW to read as follows:
Subject to the limitations in RCW 84.55.010, in each year the state shall levy for collection in the following year for state fire protection responsibilities within the department of community, trade, and economic development a tax of two cents per thousand dollars of assessed value upon the assessed valuation of all taxable property within the state, except classified or designated forest land under chapter 84.33 RCW, adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue.
NEW SECTION. Sec. 18. A new section is added to chapter 84.52 RCW to read as follows:
When a county assessor finds that the aggregate of all regular tax levies upon real and personal property by the state and all taxing districts other than a port or public utility district exceeds the limitation set forth in RCW 84.52.050, the assessor shall recompute and establish a consolidated levy as follows:
(1) If the limitation is exceeded only as a result of the levy authorized in section 17 of this act adjusted to the local levy rate in accordance with the indicated ratio fixed by the department, the certified property tax levy rates authorized under RCW 84.52.043(1)(e) and 52.16.140 shall be reduced on a pro rata basis until the limitation is not exceeded;
(2) If the limitation is exceeded as a result of both the levy authorized in section 17 of this act adjusted to the local levy rate in accordance with the indicated ratio fixed by the department and other tax levies, the pro rationing process provided in RCW 84.52.010 shall be followed until the limitation is exceeded only as a result of the levy authorized in section 17 of this act, and the consolidated levy shall then be further reduced in accordance with subsection (1) of this section.
NEW SECTION. Sec. 19. This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."
On motion of Senator Haugen, the following title amendments were considered simultaneously and were adopted:
On page 1, line 3 of the title, after "48.48.080," strike "and 52.12.031" and insert "52.12.031, and 84.52.043"
On page 1, line 4 of the title, after "43.10 RCW;" insert "adding new sections to chapter 84.52 RCW;"
On page 1, beginning on line 4 of the title, after "48.48.120;" strike "and providing an effective date" and insert "and providing for submission of this act to a vote of the people"
MOTION
On motion of Senator Haugen, the rules were suspended, Reengrossed Substitute Senate Bill No. 6013, on reconsideration, 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 Reengrossed Substitute Senate Bill No. 6013, on reconsideration.
ROLL CALL
The Secretary called the roll on the final passage of Reengrossed Substitute Senate Bill No. 6013, on reconsideration, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Absent: Senator Smith, A. - 1.
Excused: Senator McCaslin - 1.
REENGROSSED SUBSTITUTE SENATE BILL NO. 6013, on reconsideration, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Spanel, the Senate commenced consideration of Engrossed Substitute Senate Bill No. 6009, on reconsideration.
MOTIONS
On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 6009 was returned to second reading and read the second time.
Senator Snyder moved that the following amendments by Senators Snyder, Fraser, Morton, Bluechel and Sellar be considered simultaneously and be adopted:
On page 4, line 34, after "(2)" insert ""Recycling" has the same meaning as in RCW 70.95.030(16) and includes any process in which waste tires are heated in an enclosed device in the absence of oxygen to vaporization, producing a hydrocarbon-rich gas capable of being burned for recovery of energy.
(3)"
On page 5, line 1, after "(((2)))" strike "(3)" and insert "(4)"
On page 5, line 5, after "(((3)))" strike "(4)" and insert "(5)"
On page 7, after line 3, insert the following:
"NEW SECTION. Sec. 11. A new section is added to chapter 70.95 RCW to read as follows:
The department shall follow these priorities, in descending order, when developing and implementing policies related to waste tires:
(1) Recycling; and
(2) Energy recovery, incineration, or landfill."
Renumber the remaining section consecutively.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Snyder, Fraser, Morton, Bluechel and Sellar on page 4, after line 34; page 5, lines 1 and 5; and page 7, after line 3; to Engrossed Substitute Senate Bill No. 6009, on reconsideration.
The motion by Senator Snyder carried and the amendments were adopted.
MOTIONS
On motion of Senator Fraser, the following title amendment was adopted;
On page 1, line 3 of the title, after "adding" strike "a new section" and insert "new sections"
On motion of Senator Fraser, the rules were suspended, Reengrossed Substitute Senate Bill No. 6009, on reconsideration, 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 Vognild, the following remarks by Senator Hargrove were to be spread upon the Journal:
REMARKS BY SENATOR HARGROVE
Senator Hargrove: "Thank you, Mr. President. I spoke against this bill the last time, because I thought that we were not going to be able to use tires for tomato plants and et cetera and et cetera. I found out that the definition of waste tire means that they literally have no use, so if you are keeping tires to reuse on your dock, or reuse in agriculture or to reuse to help get your Caterpillar tractor across the road, those do not count as a waste tire, so that has removed my concern with this and I am supporting the bill."
MOTION
Senator Amondson, citing Rule 22 and a possible conflict of interest, requested to be excused from voting on Reengrossed Substitute Senate Bill No. 6009, on reconsideration.
The President declared the question before the Senate to be the roll call on the final passage of Reengrossed Substitute Senate Bill No. 6009, on reconsideration.
ROLL CALL
The Secretary called the roll on the final passage of Reengrossed Substitute Senate Bill No. 6009, on reconsideration, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.
Voting nay: Senator Sutherland - 1.
Excused: Senators Amondson and McCaslin - 2.
REENGROSSED SUBSTITUTE SENATE BILL NO. 6009, on reconsideration, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Spanel, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 6375, by Senators Hargrove, Winsley, M. Rasmussen and Oke
Waiving the one hundred six percent limit for veterans' assistance county levys.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 6375 was substituted for Senate Bill No. 6375 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6375 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. 6375.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6375 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Morton, Moyer, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, M., Rinehart, Smith, A., Snyder, Spanel, Talmadge, West, Williams and Winsley - 30.
Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, McDonald, Nelson, Quigley, Roach, Schow, Sellar, Sheldon, Skratek, Smith, L., Sutherland, Vognild and Wojahn - 18.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6375, 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. 6380, by Senators Vognild and McAuliffe
Concerning skate center liability.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 6380 was substituted for Senate Bill No. 6380 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Adam Smith, the rules were suspended, Substitute Senate Bill No. 6380 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. 6380.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6380 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Absent: Senator Pelz - 1.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6380, 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. 6487, by Senators Moore, Winsley and McAuliffe
Exempting espresso machines from boiler regulations.
MOTIONS
On motion of Senator Moore, Substitute Senate Bill No. 6487 was substituted for Senate Bill No. 6487 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Moore, the rules were suspended, Substitute Senate Bill No. 6487 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. 6487.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6487 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.
Absent: Senators Ludwig and Pelz - 2.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6487, 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. 6505, by Senators M. Rasmussen, Prince, Vognild, Sellar, Winsley and Drew
Providing for public facility transit security.
MOTIONS
On motion of Senator Vognild, Substitute Senate Bill No. 6505 was substituted for Senate Bill No. 6505 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Vognild, the rules were suspended, Substitute Senate Bill No. 6505 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. 6505.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6505 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6505, 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. 6556, by Senators Hargrove and Snyder
Allowing a nonprofit television reception improvement district to rent space from the department of natural resources for less than the fair market value of the property.
MOTIONS
On motion of Senator Owen, Substitute Senate Bill No. 6556 was substituted for Senate Bill No. 6556 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Owen, the rules were suspended, Substitute Senate Bill No. 6556 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. 6556.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6556 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6556, 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. 6564, by Senator Vognild
Authorizing Snohomish county to levy a hotel and motel tax for public stadium, convention, performing arts, and/or visual arts facilities.
The bill was read the second time.
MOTIONS
On motion of Senator Nelson, the following amendments by Senators Nelson and Vognild were considered simultaneously and were adopted on a rising vote:
On page 1, line 17, after "same." insert "Prior to authorizing a tax pursuant to this section, the county legislative body shall convene a public meeting to consult with the mayor of every city and town located within the boundaries of the county regarding the proposed use of tax revenues."
On page 2, line 10, after "county." insert "On at least an annual basis, the county legislative authority shall consult with the mayor of every city and town located within the boundaries of the county regarding the use of taxes collected pursuant to this section."
Senator Sellar moved that the following amendment be adopted:
On page 2, after line 12, insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 67.28 RCW to read as follows:
(1) The legislative body of any city with a population of at least two thousand five hundred but less than four thousand located in a county east of the crest of the Cascade mountains with a population of at least fifty thousand but less than sixty thousand is authorized to levy and collect a special excise tax not to exceed three percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property. For the purposes of this tax, it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the same.
(2) The tax authorized in subsection (1) of this section is in addition to any other tax authorized by law.
(3) Any seller, as defined in RCW 82.08.010, who is required to collect any tax under this section shall pay over such tax to the county as provided in RCW 67.28.200. The deduction from state taxes under RCW 67.28.190 does not apply to the tax imposed under this section.
(4) All taxes levied and collected under this section shall be credited to a special fund in the treasury of the county. Such taxes shall only be used for tourism promotion.
Sec. 3. RCW 67.28.200 and 1991 c 331 s 2 are each amended to read as follows:
The legislative body of any county or city may establish reasonable exemptions and may adopt such reasonable rules and regulations as may be necessary for the levy and collection of the taxes authorized ((by RCW 67.28.180, 67.28.182, and 67.28.230 through 67.28.250, and 67.28.260)) under this chapter. The department of revenue shall perform the collection of such taxes on behalf of such county or city at no cost to such county or city."
POINT OF ORDER
Senator Vognild: "I rise to raise the question of scope and object. As much as I am sympathetic to the amendment, if I don't raise scope and object on it, this bill is a run-away. Mr. President, the original bill was very closely drawn; it referred to counties only. It referred to a county north of the King County border. The amendment expands greatly the scope of the bill by going into cities and changing the figures in it from four hundred thousand to two hundred and fifty thousand. I would say it greatly expands the scope of the bill. The original bill was quite tight and I would point out to the President that the amendment in itself requires a title amendment."
Further debate ensued.
MOTION
On motion of Senator Vognild, further consideration of Senate Bill No. 6564 was deferred.
MOTION
At 11:59 a.m., on motion of Senator Spanel, the Senate recessed until 1:00 p.m.
The Senate was called to order at 1:18 p.m. by President Pritchard.
MOTION
On motion of Senator Oke, Senator Schow was excused.
SECOND READING
SENATE BILL NO. 6266, by Senators Haugen and Winsley
Authorizing sewer district commissioners of a merged district to fulfill their terms of office.
The bill was read the second time.
MOTION
On motion of Senator Drew, the rules were suspended, Senate Bill No. 6266 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. 6266.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6266 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.
Voting nay: Senator Roach - 1.
Absent: Senator Hargrove - 1.
Excused: Senators McCaslin and Schow - 2.
SENATE BILL NO. 6266, 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. 6467, by Senators Fraser, Hochstatter, Morton and M. Rasmussen
Modifying water right permit provisions for water used for municipal purposes.
MOTIONS
On motion of Senator Sutherland, Substitute Senate Bill No. 6467 was substituted for Senate Bill No. 6467 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Sutherland, the following amendment by Senators Fraser and Sutherland was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that it is in the public interest for water rights held by public water systems to be managed and regulated in a manner that:
(1) Allows such systems to prolong and maximize the use of water rights applied to municipal purposes consistent with the population demand projections established in state-approved water system plans and adopted growth management plans;
(2) Promotes water conservation, with enhanced efforts occurring in water critical areas, promotes water system efficiencies, and eliminates disincentives for investments in water efficient technologies; and
(3) Delays, and where possible, avoids the need for new water sources to be developed.
The department of ecology is therefore directed to administer water rights laws consistent with the provisions of this act.
NEW SECTION. Sec. 2. A new section is added to chapter 90.03 RCW to read as follows:
For the purposes of this chapter "municipal purpose" and "municipal water supply purposes" mean water distributed by a public water system purveyor as defined by chapter 70.116 RCW, and includes domestic, commercial, and industrial water uses provided as an integral element of the public water system. This definition does not include commercial, industrial, irrigation, or other water systems that are not designated as a public water system for potable water use recognized by a state-approved public water system plan or withdrawals of public ground waters excepted under RCW 90.44.050.
Sec. 3. RCW 90.03.320 and 1987 c 109 s 67 are each amended to read as follows:
Actual construction work shall be commenced on any project for which permit has been granted within such reasonable time as shall be prescribed by the department, and shall thereafter be prosecuted with diligence and completed within the time prescribed by the department. The department, in fixing the time for the commencement of the work, or for the completion thereof and the application of the water to the beneficial use prescribed in the permit, shall take into consideration the cost and magnitude of the project and the engineering and physical features to be encountered, and shall allow such time as shall be reasonable and just under the conditions then existing, having due regard for the public welfare and public interests affected: and, for good cause shown, it shall extend the time or times fixed as aforesaid, and shall grant such further period or periods as may be reasonably necessary, having due regard to the good faith of the applicant and the public interests affected. In fixing public water system construction schedules and the time, or extension of time, for application of water to beneficial use for municipal use, the department shall also take into consideration the term and amount of financing required to complete the project, delays that may result from planned and existing conservation and water use efficiency measures installed by the public water system, and the supply needs of the public water system's service area, consistent with an approved comprehensive plan under chapter 36.70A RCW, or in the absence of such a plan, a county-approved comprehensive plan under 36.70 RCW or a plan approved under chapter 35.63 RCW, and related demand projections prepared by public water systems in accordance with state law. If the terms of the permit or extension thereof, are not complied with the department shall give notice by registered mail that such permit will be canceled unless the holders thereof shall show cause within sixty days why the same should not be so canceled. If cause be not shown, said permit shall be canceled.
Sec. 4. RCW 90.03.330 and 1987 c 109 s 89 are each amended to read as follows:
(1) Upon a showing satisfactory to the department that any appropriation has been perfected in accordance with the provisions of this chapter, it shall be the duty of the department to issue to the applicant a certificate stating such facts in a form to be prescribed by ((him)) the director, and such certificate shall thereupon be recorded with the department.
(2) For those public water supplies designed to accommodate future growth as defined by a state-approved water system plan, the amount of instantaneous diversion considered to be applied to beneficial use at the time of perfection of the certificate shall be based upon the capacity of the diversion structure or structures installed at such time. Further, the amount of annual appropriation considered to be applied to beneficial use at the time of perfection shall be based on the growth projection contained in the most current state-approved water system plan, provided, the department may not issue a certificate for quantities of water in excess of those contained in a permit if a permit has been issued. This subsection shall apply to the administration of water rights existing on the effective date of this act and prospectively issued water rights, but shall not apply to water rights subject to the terms of final adjudication decrees entered in accordance with this chapter.
(3) Any original water right certificate issued, as provided by this chapter, shall be recorded with the department and thereafter, at the expense of the party receiving the same, be by the department transmitted to the county auditor of the county or counties where the distributing system or any part thereof is located, and be recorded in the office of such county auditor, and thereafter be transmitted to the owner thereof."
MOTIONS
On motion of Senator Sutherland, the following title amendment was adopted:
On page 1, line 1 of the title, after "purposes;" strike the remainder of the title and insert "amending RCW 90.03.320 and 90.03.330; adding a new section to chapter 90.03 RCW; and creating a new section."
On motion of Senator Sutherland, the rules were suspended, Engrossed Substitute Senate Bill No. 6467 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. 6467.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6467 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Winsley and Wojahn - 47.
Voting nay: Senator Williams - 1.
Excused: Senator McCaslin - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6467, 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. 6384, by Senators Drew and Roach
Increasing the number of county hospital trustees from thirteen to seventeen.
MOTIONS
On motion of Senator Drew, Substitute Senate Bill No. 6384 was substituted for Senate Bill No. 6384 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. 6384 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 Drew, Senator Owen was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6384.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6384 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 19; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Deccio, Drew, Fraser, Gaspard, Hargrove, Loveland, McAuliffe, McDonald, Moore, Moyer, Pelz, Prentice, Prince, Quigley, Rinehart, Roach, Schow, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West and Winsley - 27.
Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Erwin, Franklin, Haugen, Hochstatter, Ludwig, Morton, Nelson, Newhouse, Niemi, Oke, Rasmussen, M., Skratek, Vognild, Williams and Wojahn - 19.
Absent: Senator Sellar - 1.
Excused: Senators McCaslin and Owen - 2.
SUBSTITUTE SENATE BILL NO. 6384, 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. 6480, by Senators Moore, Vognild, Prentice, Sheldon, Pelz, Nelson, Sutherland and McAuliffe
Regulating unemployment insurance compensation.
The bill was read the second time.
MOTION
Senator Vognild moved that the following Committee on Labor and Commerce amendments be considered simultaneously and not be adopted:
On page 7, beginning on line 24, strike all of sections 5 and 6
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 15, beginning on line 11, strike all of section 9
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Vognild to not adopt the Committee on Labor and Commerce amendments on page 7, beginning on line 24, and page 15, beginning on line 11, to Senate Bill No. 6480.
The motion by Senator Vognild carried and the committee amendments were not adopted.
MOTIONS
On motion of Senator Vognild, the following amendment by Senators Vognild and Newhouse was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 50.20 RCW to read as follows:
The employment security department shall report to the standing committees of the legislature no later than July 1, 1995, regarding any updating of the department's computer technology that is necessary to or could address eliminating or reducing the need to make conditional payments.
Sec. 2. RCW 50.16.094 and 1993 c 226 s 6 are each amended to read as follows:
An individual may be eligible for applicable employment security benefits while participating in work force training. Eligibility is at the discretion of the commissioner of employment security after submitting a commissioner-approved training waiver and developing a detailed individualized training plan.
((Benefits paid under this section may not be charged to the experience rating accounts of individual employers.))
The commissioner shall adopt rules as necessary to implement this section.
Sec. 3. RCW 50.22.090 and 1993 c 316 s 10 are each amended to read as follows:
(1) An additional benefit period is established for counties identified under subsection (2) of this section beginning on the first Sunday after July 1, 1991, and for the forest products industry beginning with the third week after the first Sunday after July 1, 1991. Benefits shall be paid as provided in subsection (3) of this section to exhaustees eligible under subsection (4) of this section.
(2) The additional benefit period applies to counties having a population of less than five hundred thousand beginning with the third week after a week in which the commissioner determines that a county meets two of the following three criteria, as determined by the department, for the most recent year in which such data is available: (a) A lumber and wood products employment location quotient at or above the state average; (b) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (c) an annual unemployment rate twenty percent or more above the state average. The additional benefit period for a county may end no sooner than fifty-two weeks after the additional benefit period begins.
(3) Additional benefits shall be paid as follows:
(a) No new claims for additional benefits shall be accepted for weeks beginning after July 1, 1995, but for claims established on or before July 1, 1995, weeks of unemployment occurring after July 1, 1995, shall be compensated as provided in this section.
(b) The total additional benefit amount shall be one hundred four times the individual's weekly benefit amount, reduced by the total amount of regular benefits and extended benefits paid, or deemed paid, with respect to the benefit year. Additional benefits shall not be payable for weeks more than two years beyond the end of the benefit year of the regular claim for an individual whose benefit year ends on or after July 27, 1991, and shall not be payable for weeks ending on or after two years after March 26, 1992, for individuals who become eligible as a result of chapter 47, Laws of 1992.
(c) Notwithstanding the provisions of (b) of this subsection, individuals will be entitled to up to five additional weeks of benefits following the completion or termination of training.
(d) The weekly benefit amount shall be calculated as specified in RCW 50.22.040.
(e) Benefits paid under this section shall be paid under the same terms and conditions as regular benefits ((and shall not be charged to the experience rating account of individual employers)). The additional benefit period shall be suspended with the start of an extended benefit period, or any totally federally funded benefit program, with eligibility criteria and benefits comparable to the program established by this section, and shall resume the first week following the end of the federal program.
(f) The amendments in chapter 316, Laws of 1993 affecting subsection (3) (b) and (c) of this section shall apply in the case of all individuals determined to be monetarily eligible under this section without regard to the date eligibility was determined.
(4) An additional benefit eligibility period is established for any exhaustee who:
(a)(i) At the time of last separation from employment, resided in or was employed in a county identified under subsection (2) of this section; or
(ii) During his or her base year, earned wages in at least six hundred eighty hours in the forest products industry, which shall be determined by the department but shall include the industries assigned the major group standard industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs, transportation of logs and wood products, processing of wood products, and the manufacturing and distribution of wood processing and logging equipment. The commissioner may adopt rules further interpreting the industries covered under this subsection. For the purposes of this subsection, "standard industrial classification code" means the code identified in RCW 50.29.025(6)(c); and
(b)(i) Has received notice of termination or layoff; and
(ii) Is unlikely to return to employment in his or her principal occupation or previous industry because of a diminishing demand within his or her labor market for his or her skills in the occupation or industry; and
(c)(i)(A) Is notified by the department of the requirements of this section and develops an individual training program that is submitted to the commissioner for approval not later than sixty days after the individual is notified of the requirements of this section, and enters the approved training program not later than ninety days after the date of the individual's termination or layoff, or ninety days after July 1, 1991, whichever is later, unless the department determines that the training is not available during the ninety-day period, in which case the individual shall enter training as soon as it is available; or
(B) Is unemployed as the result of a plant closure that occurs after November 1, 1992, in a county identified under subsection (2) of this section, did not comply with the requirements of (c)(i)(A) of this subsection due to good cause as demonstrated to the department, such as ambiguity over possible sale of the plant, develops a training program that is submitted to the commissioner for approval not later than sixty days from a date determined by the department to accommodate the good cause, and enters the approved training program not later than ninety days after the revised date established by the department, unless the department determines that the training is not available during the ninety-day period, in which case the individual shall enter training as soon as it is available; or
(ii) Is enrolled in training approved under this section on a full-time basis and maintains satisfactory progress in the training; and
(d) Does not receive a training allowance or stipend under the provisions of any federal or state law.
(5) For the purposes of this section:
(a) "Training program" means:
(i) A remedial education program determined to be necessary after counseling at the educational institution in which the individual enrolls pursuant to his or her approved training program; or
(ii) A vocational training program at an educational institution that:
(A) Is training for a labor demand occupation;
(B) Is likely to facilitate a substantial enhancement of the individual's marketable skills and earning power; and
(C) Does not include on-the-job training or other training under which the individual is paid by an employer for work performed by the individual during the time that the individual receives additional benefits under subsection (1) of this section.
(b) "Educational institution" means an institution of higher education as defined in RCW 28B.10.016 or an educational institution as defined in RCW 28C.04.410(3).
(c) "Training allowance or stipend" means discretionary use, cash-in-hand payments available to the individual to be used as the individual sees fit, but does not mean direct or indirect compensation for training costs, such as tuition or books and supplies.
(6) The commissioner shall adopt rules as necessary to implement this section.
(7) For the purpose of this section, an individual who has a benefit year beginning after January 1, 1989, and ending before July 27, 1991, shall be treated as if his or her benefit year ended on July 27, 1991.
Sec. 4. RCW 50.29.020 and 1993 c 483 s 19 are each amended to read as follows:
(1) An experience rating account shall be established and maintained for each employer, except employers as described in RCW 50.44.010 and 50.44.030 who have properly elected to make payments in lieu of contributions, taxable local government employers as described in RCW 50.44.035, and those employers who are required to make payments in lieu of contributions, based on existing records of the employment security department. Benefits paid to any eligible individuals shall be charged to the experience rating accounts of each of such individual's employers during the individual's base year in the same ratio that the wages paid by each employer to the individual during the base year bear to the wages paid by all employers to that individual during that base year, except as otherwise provided in this section.
(2) The legislature finds that certain benefit payments, in whole or in part, should not be charged to the experience rating accounts of employers except those employers described in RCW 50.44.010 and 50.44.030 who have properly elected to make payments in lieu of contributions, taxable local government employers described in RCW 50.44.035, and those employers who are required to make payments in lieu of contributions, as follows:
(a) Benefits paid to any individuals later determined to be ineligible shall not be charged to the experience rating account of any contribution paying employer.
(b) ((Benefits paid to an individual under the provisions of RCW 50.12.050 shall not be charged to the account of any contribution paying employer if the wage credits earned in this state by the individual during his or her base year are less than the minimum amount necessary to qualify the individual for unemployment benefits.
(c))) Benefits paid to an individual filing under the provisions of chapter 50.06 RCW shall not be charged to the experience rating account of any contribution paying employer only if:
(i) The individual files under RCW 50.06.020(1) after receiving crime victims' compensation for a disability resulting from a nonwork-related occurrence; or
(ii) The individual files under RCW 50.06.020(2).
(((d))) (c) Benefits paid which represent the state's share of benefits payable under chapter 50.22 RCW shall not be charged to the experience rating account of any contribution paying employer.
(((e))) (d) In the case of individuals who requalify for benefits under RCW 50.20.050 or 50.20.060, benefits based on wage credits earned prior to the disqualifying separation shall not be charged to the experience rating account of the contribution paying employer from whom that separation took place.
(((f))) (e) In the case of individuals identified under RCW 50.20.015, benefits paid with respect to a calendar quarter, which exceed the total amount of wages earned in the state of Washington in the higher of two corresponding calendar quarters included within the individual's determination period, as defined in RCW 50.20.015, shall not be charged to the experience rating account of any contribution paying employer.
(((g) Benefits paid to an individual who does not successfully complete an approved on-the-job training program under RCW 50.12.240 may not be charged to the experience rating account of the contribution-paying employer who provided the approved on-the-job training.))
(3)(a) Beginning July 1, 1985, a contribution-paying base year employer, not otherwise eligible for relief of charges for benefits under this section, may receive such relief if the benefit charges result from payment to an individual who:
(i) Last left the employ of such employer voluntarily for reasons not attributable to the employer;
(ii) Was discharged for misconduct connected with his or her work not a result of inability to meet the minimum job requirements;
(iii) Is unemployed as a result of closure or severe curtailment of operation at the employer's plant, building, work site, or other facility. This closure must be for reasons directly attributable to a catastrophic occurrence such as fire, flood, or other natural disaster; or
(iv) Continues to be employed on a regularly scheduled permanent part-time basis by a base year employer and who at some time during the base year was concurrently employed and subsequently separated from at least one other base year employer. Benefit charge relief ceases when the employment relationship between the employer requesting relief and the claimant is terminated. This subsection does not apply to shared work employers under chapter 50.60 RCW.
(b) The employer requesting relief of charges under this subsection must request relief in writing within thirty days following mailing to the last known address of the notification of the valid initial determination of such claim, stating the date and reason for the separation or the circumstances of continued employment. The commissioner, upon investigation of the request, shall determine whether relief should be granted.
Sec. 5. RCW 50.29.062 and 1989 c 380 s 81 are each amended to read as follows:
Predecessor and successor employer contribution rates shall be computed in the following manner:
(1) If the successor is an employer, as defined in RCW 50.04.080, at the time of the transfer, ((his or her)) its contribution rate shall remain unchanged for the remainder of the rate year in which the transfer occurs. From and after January 1 following the transfer, the successor's contribution rate for each rate year shall be based on ((his or her)) its experience with payrolls and benefits including the experience of the acquired business or portion of a business from the date of transfer, as of the regular computation date for that rate year.
(2) If the successor is not an employer at the time of the transfer, ((he or she)) it shall pay contributions at the ((rate class assigned to the predecessor employer at the time of the transfer for the remainder for that rate year and continuing until such time as he or she qualifies for a different rate in his or her own right)) lowest rate as determined by either of the following manners:
(a) At the rate class assigned to the predecessor employer at the time of the transfer for the remainder for that rate year. Any experience relating to the assignment of that rate class attributable to the predecessor is transferred to the successor; or
(b) At the contribution rate equal to the average industry rate as determined by the commissioner. However, the rate may not be less than one percent. Assignment of employers by the commissioner to industrial classification, for purposes of this subsection, must be in accordance with established classification practices found in the "Standard Industrial Classification Manual" issued by the federal office of management and budget to the third digit provided in the standard industrial classification code.
(3) If the successor is not an employer at the time of the transfer and simultaneously acquires the business or a portion of the business of two or more employers in different rate classes, ((his or her)) its rate from the date the transfer occurred until the end of that rate year and until ((he or she)) it qualifies in ((his or her)) its own right for a new rate, shall be the highest rate class applicable at the time of the acquisition to any predecessor employer who is a party to the acquisition.
(4) The contribution rate on any payroll retained by a predecessor employer shall remain unchanged for the remainder of the rate year in which the transfer occurs.
(5) In all cases, from and after January 1 following the transfer, the predecessor's contribution rate for each rate year shall be based on ((his or her)) its experience with payrolls and benefits as of the regular computation date for that rate year including the experience of the acquired business or portion of business up to the date of transfer: PROVIDED, That if all of the predecessor's business is transferred to a successor or successors, the predecessor shall not be a qualified employer until ((he or she)) it satisfies the requirements of a "qualified employer" as set forth in RCW 50.29.010."
On motion of Senator Vognild, the following title amendment was adopted:
On page 1, line 1 of the title, after "compensation;" strike the remainder of the title and insert "amending RCW 50.16.094, 50.22.090, 50.29.020, and 50.29.062; and adding a new section to chapter 50.20 RCW."
MOTION
On motion of Senator Vognild, the rules were suspended, Engrossed Senate Bill No. 6480 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6480.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6480 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators McCaslin and Owen - 2.
ENGROSSED 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.
SECOND READING
SENATE BILL NO. 5057, by Senators A. Smith, Quigley, McCaslin and Erwin (by request of Law Revision Commission)
Correcting a double amendment related to exceptions to the right of privacy.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 5057 was substituted for Senate Bill No. 5057 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Adam Smith, the rules were suspended, Substitute Senate Bill No. 5057 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. 5057.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5057 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators McCaslin and Owen - 2.
SUBSTITUTE SENATE BILL NO. 5057, 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. 6463, by Senator M. Rasmussen (by request of Department of Agriculture)
Revising department of agriculture administrative duties.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 6463 was substituted for Senate Bill No. 6463 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 6463 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. 6463.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6463 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 19; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Bluechel, Deccio, Fraser, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Nelson, Newhouse, Niemi, Oke, Prentice, Rasmussen, M., Roach, Schow, Sellar, Smith, A., Snyder, Spanel, Sutherland, Talmadge and Vognild - 28.
Voting nay: Senators Amondson, Anderson, Cantu, Drew, Erwin, Franklin, Gaspard, Moyer, Pelz, Prince, Quigley, Rinehart, Sheldon, Skratek, Smith, L., West, Williams, Winsley and Wojahn - 19.
Excused: Senators McCaslin and Owen - 2.
SUBSTITUTE SENATE BILL NO. 6463, 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. 5071, by Senator Haugen (by request of Law Revision Commission)
Correcting unconstitutional provisions regarding the construction, sale, and conditions of revenue bonds for pollution control facilities.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5071 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. 5071.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5071 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.
Voting nay: Senator Cantu - 1.
Absent: Senator Smith, L. - 1.
Excused: Senator McCaslin - 1.
SENATE BILL NO. 5071, 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. 6000, by Senators Fraser, Talmadge, Winsley and Oke (by request of Parks and Recreation Commission)
Authorizing public agencies to secure abandoned vessels at public facilities.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 6000 was substituted for Senate Bill No. 6000 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 6000 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Oke, Senator Linda Smith was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6000.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6000 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators McCaslin and Smith, L. - 2.
SUBSTITUTE SENATE BILL NO. 6000, 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 Oke, Senator Schow was excused.
On motion of Senator Loveland, Senator Drew was excused.
SECOND READING
SENATE BILL NO. 6060, by Senator Owen (by request of Law Revision Commission)
Correcting a double amendment related to commercial salmon fishing licenses and delivery licenses.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Senate Bill No. 6060 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. 6060.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6060 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.
Excused: Senators Drew, McCaslin, Schow and Smith, L. - 4.
SENATE BILL NO. 6060, 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.
There being no objection, the Senate resumed consideration of Senate Bill No. 6564 and the pending amendment by Senator Sellar on page 2, after line 12, deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Vognild, the President finds that Senate Bill No. 6564 is a measure which allows one unit of local government to levy an additional excise tax on the furnishing of lodging, to credit the tax to a special fund in the county treasury, and to use the tax for statutorily authorized purposes, including tourism.
"The amendment by Senator Sellar on page 2, after line 12, would allow another unit of local government to levy an excise tax on the furnishing of lodging, to credit the tax to a special fund in the county treasury, and to use the tax for tourism.
"The President, therefore, finds that the proposed amendment does not change the scope and object of the bill and the point of order is not well taken."
The amendment by Senator Sellar on page 2, after line 12, to Senate Bill No. 6060 was ruled in order.
The President declared the question before the Senate to be the adoption of the amendment by Senator Sellar on page 1, after line 12, to Senate Bill No. 6564.
Debate ensued.
Senator Sellar demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Sellar on page 2, after line 12, to Senate Bill No. 6564.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 22; Nays, 25; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Fraser, Hochstatter, McDonald, Moore, Morton, Moyer, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., Talmadge, West, Williams, Winsley and Wojahn - 22.
Voting nay: Senators Bauer, Drew, Erwin, Franklin, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Nelson, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland and Vognild - 25.
Excused: Senators McCaslin and Schow - 2.
MOTION
On motion of Senator Vognild, the rules were suspended, Engrossed Senate Bill No. 6564 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6564.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6564 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 10; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Talmadge, Vognild, West, Winsley and Wojahn - 36.
Voting nay: Senators Amondson, Anderson, Cantu, Hochstatter, Morton, Roach, Sellar, Smith, L., Sutherland and Williams - 10.
Absent: Senator Owen - 1.
Excused: Senators McCaslin and Schow - 2.
ENGROSSED SENATE BILL NO. 6564, 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. 6209, by Senators Moore, Prince, Prentice, Amondson and McAuliffe (by request of Insurance Commissioner)
Applying the insurer holding company act to all insurers.
MOTIONS
On motion of Senator Moore, Substitute Senate Bill No. 6209 was substituted for Senate Bill No. 6209 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 6209 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. 6209.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6209 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, 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, Winsley and Wojahn - 47.
Excused: Senators McCaslin and Schow - 2.
SUBSTITUTE SENATE BILL NO. 6209, 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. 6230, by Senators M. Rasmussen, Nelson and Haugen (by request of Secretary of State)
Changing charitable organizations and business licensing provisions.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 6230 was substituted for Senate Bill No. 6230 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Adam Smith, the rules were suspended, Substitute Senate Bill No. 6230 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. 6230.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6230 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Winsley and Wojahn - 39.
Voting nay: Senators Anderson, Cantu, Erwin, Hargrove, McDonald, Morton, Roach and Williams - 8.
Excused: Senators McCaslin and Schow - 2.
SUBSTITUTE SENATE BILL NO. 6230, 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. 6297, by Senators Moore, Prentice and Newhouse (by request of Liquor Control Board)
Eliminating the requirement for revenue stamps on beer packages and containers.
The bill was read the second time.
MOTION
On motion of Senator Snyder, the rules were suspended, Senate Bill No. 6297 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. 6297.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6297 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, 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, Winsley and Wojahn - 47.
Excused: Senators McCaslin and Schow - 2.
SENATE BILL NO. 6297, 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. 6146, by Senators Skratek, Bluechel, Sheldon, Erwin, M. Rasmussen, Drew, McAuliffe, Roach and Snyder
Diversifying the economy by locating a film and video production facility within the state.
The bill was read the second time.
MOTION
On motion of Senator Sheldon, the rules were suspended, Senate Bill No. 6146 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. 6146.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6146 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator McCaslin - 1.
SENATE BILL NO. 6146, 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. 6461, by Senators Fraser and Bluechel
Concerning claims for oil spill liability damages.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 6461 was substituted for Senate Bill No. 6461 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Spanel, the following amendment by Senators Spanel and Fraser was adopted:
On page 1, after line 3, insert the following:
"Sec. 1. RCW 88.16.190 and 1975 1st ex.s. c 125 s 3 are each amended to read as follows:
(1) Any oil tanker, whether enrolled or registered, of greater than one hundred and twenty-five thousand deadweight tons shall be prohibited from proceeding beyond a point east of a line extending from Discovery Island light south to New Dungeness light.
(2) An oil tanker, whether enrolled or registered, of forty to one hundred and twenty-five thousand deadweight tons may proceed beyond the points enumerated in subsection (1) if such tanker possesses all of the following standard safety features:
(a) Shaft horsepower in the ratio of one horsepower to each two and one-half deadweight tons; and
(b) Twin screws; and
(c) Double bottoms, underneath all oil and liquid cargo compartments; and
(d) Two radars in working order and operating, one of which must be collision avoidance radar; and
(e) Such other navigational position location systems as may be prescribed from time to time by the board of pilotage commissioners:
PROVIDED, That, if such forty to one hundred and twenty-five thousand deadweight ton tanker is in ballast or is under escort of a tug or tugs with an aggregate shaft horsepower equivalent to five percent of the deadweight tons of that tanker, subsection (2) of this section shall not apply: PROVIDED FURTHER, That additional tug shaft horsepower equivalencies may be required under certain conditions as established by rule and regulation of the Washington utilities and transportation commission pursuant to chapter 34.05 RCW: PROVIDED FURTHER, That a tanker assigned a deadweight of less than forty thousand deadweight tons at the time of construction or reconstruction as reported in Lloyd's Register of Ships is not subject to the provisions of RCW 88.16.170 through 88.16.190."
Renumber the remaining sections consecutively and correct internal references accordingly.
MOTIONS
On motion of Senator Spanel, the following title amendment was adopted:
On page 1, line 2 of the title, after "amending RCW" insert "88.16.190 and"
On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 6461 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6461.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6461 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator McCaslin - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6461, 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. 5509, by Senators Hargrove, Owen, Hochstatter, L. Smith, Snyder, Oke, Amondson, Sellar, Jesernig, Nelson, Newhouse, Bauer, Erwin, Roach and McDonald
Prohibiting mandatory child support for postsecondary education of adult children.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 5509 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. 5509.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5509 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Erwin, Hargrove, Haugen, Hochstatter, Ludwig, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Prince, Rasmussen, M., Roach, Schow, Sellar, Skratek, Smith, A., Smith, L., Snyder, Vognild, West and Winsley - 30.
Voting nay: Senators Drew, Franklin, Fraser, Gaspard, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rinehart, Sheldon, Spanel, Sutherland, Talmadge, Williams and Wojahn - 18.
Excused: Senator McCaslin - 1.
SENATE BILL NO. 5509, 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. 5920, by Senator Vognild
Changing limits for unemployment compensation deductions.
MOTION
Senator Vognild moved that Senate Bill No. 5920 not be substituted.
The President declared the question before the Senate to be them motion by Senator Vognild that Senate Bill No. 5920 be not substituted.
The motion by Senator Vognild carried and Senate Bill No. 5920 was not substituted.
Senate Bill No. 5920 was read the second time.
MOTIONS
On motion of Senator Vognild, the following amendment by Senators Vognild and Newhouse was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The employment security department shall undertake a pilot project to encourage workers drawing unemployment insurance benefits to seek employment opportunities by allowing a control group in one job service center to keep a greater portion of their weekly benefits when engaged in part-time or temporary employment. It is the intent of this project to return unemployment insurance beneficiaries to full-time employment in the job marketplace in order to positively impact the unemployment insurance trust fund.
NEW SECTION. Sec. 2. For the purposes of section 1 of this act, the employment security department shall designate:
(1) The job service center in which the pilot project is to be undertaken; and
(2) The number of participants and the criteria for participation in the project.
NEW SECTION. Sec. 3. For the purposes of the pilot project created under section 1 of this act, the following requirements for defining "unemployment" and level of unemployment insurance benefit deductions is as follows:
(1)(a) An individual shall be deemed to be "unemployed" in any week during which the individual performs no services and with respect to which no remuneration is payable to the individual, or in any week of less than full time work, if the remuneration payable to the individual with respect to such week is less than one and one-half times the individual's weekly benefit amount plus fifteen dollars. The commissioner shall prescribe regulations applicable to unemployed individuals making such distinctions in the procedures as to such types of unemployment as the commissioner deems necessary.
(b) An individual shall be deemed not to be "unemployed" during any week which falls totally within a period during which the individual, pursuant to a collective bargaining agreement or individual employment contract, is employed full time in accordance with a definition of full time contained in the agreement or contract, and for which compensation for full time work is payable. This subsection may not be applied retroactively to an individual who had no guarantee of work at the start of such period and subsequently is provided additional work by the employer; and
(2) If an eligible individual is available for work for less than a full week, he or she shall be paid his or her weekly benefit amount reduced by one-seventh of such amount for each day that he or she is unavailable for work. However, if he or she is unavailable for work for three days or more of a week, he or she shall be considered unavailable for the entire week.
Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his or her weekly benefit amount less sixty-six and two-thirds percent of that part of the remuneration, if any, payable to him or her with respect to such week which is in excess of fifteen dollars. Such benefit, if not a multiple of one dollar, shall be reduced to the next lower multiple of one dollar.
NEW SECTION. Sec. 4. The employment security department shall report to the legislature on the impact of the pilot project created under section 1 of this act by December 31, 1996. The department shall report on:
(1) The impact of the project on the unemployment insurance trust fund; and
(2) Individuals participating in the project.
NEW SECTION. Sec. 5. The sum of two hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the unemployment insurance funds provided under RCW 50.24.014 designated for use by the joint task force on unemployment insurance created under section 22, chapter 483, Laws of 1993, to the employment security department for the purposes of this act.
NEW SECTION. Sec. 6. This act applies to weeks of unemployment beginning after January 1, 1995.
NEW SECTION. Sec. 7. This act shall expire July 1, 1997.
NEW SECTION. Sec. 8. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state."
On motion of Senator Vognild, the following title amendment was adopted:
On page 1, line 1 of the title, after "deductions;" strike the remainder of the title and insert "creating new sections; making an appropriation; and providing an expiration date."
MOTION
On motion of Senator Vognild, the rules were suspended, Engrossed Senate Bill No. 5920 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5920.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5920 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.
Voting nay: Senators Amondson, Cantu, Oke and Smith, L. - 4.
Excused: Senator McCaslin - 1.
ENGROSSED SENATE BILL NO. 5920, 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. 6298, by Senators Moore, Prentice and Newhouse (by request of Liquor Control Board)
Improving the licensing and enforcement sections of the Washington State Liquor Act.
MOTIONS
On motion of Senator Moore, Substitute Senate Bill No. 6298 was substituted for Senate Bill No. 6298 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Moore, the rules were suspended, Substitute Senate Bill No. 6298 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. 6298.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6298 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6298, 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. 5468, by Senators Fraser, Skratek, Pelz and Prentice
Imposing requirements for businesses that receive public assistance.
MOTIONS
On motion of Senator Skratek, Second Substitute Senate Bill No. 5468 was substituted for Senate Bill No. 5468 and the second substitute bill was placed on second reading and read the second time.
Senator Sellar moved that the following amendments by Senators Sellar and Amondson be considered simultaneously and be adopted:
On page 1, line 12, after "chapter to" insert "establish a pilot project to"
On page 1, line 18, after "shall" strike all material through "production." on page 3, line 20 and insert "establish a pilot project to known as the private business assistance project. It is the intent of the legislature to direct the departments to measure the effect of current assistance programs on job creation, company growth, the introduction of new products, the diversification of the state's economy, growth in investments, the movement of firms or the consolidation of firms' operation into the state, and such other factors as the departments select through:
(a) Requiring all businesses receiving: (i) A loan of one hundred thousand dollars or more from the development loan fund; (ii) fifty thousand dollars or more in tax credits under chapter 82.62 RCW; or (iii) a deferral of one hundred thousand dollars or more in taxes under chapter 82.60 or 82.61 RCW, to participate in the program; and
(b) Developing nonfinancial and financial incentives and providing expertise to assist participants in: (i) Developing a long-range commitment to continuous improvement of products and services and cost reductions for such products and services; (ii) decentralizing decision making, worker participation at all levels, and greater reliance on front-line workers; (iii) developing a worker-management relationship based on consideration of mutual interest and concerns; (iv) adopting an organizational structure which includes flexible, cross-functional teams responsible for training, customer service, operational problem solving, and product design and development; (v) cultivating an environment which permits a manager to assume motivational and leadership functions, including, but not limited to, long-range planning, coaching, and facilitation, rather than limiting the role of the manager to that of an enforcer; (vi) committing to ongoing training of all workers, including front-line staff; (vii) implementing a flexible benefits program and innovative compensation schemes, including, but not limited to, profit sharing, gain sharing, skill-based pay, and pay-for-performance systems; (viii) committing to a safe and healthful workplace; (ix) soliciting suggestions from customers and suppliers for designing and developing products and services; and (x) demonstrating a commitment to delivering a greater variety of high quality products at lower cost through manufacturing innovations such as concurrent engineering, flexible manufacturing, and just-in-time production.
(2) The private business assistance project is created as a two-year pilot program in which the participants shall be provided with assistance to become more competitive work organizations.
(3) The pilot counties shall be determined by the departments based on the highest concentration of current assistance."
Renumber the remaining subsections consecutively and correct any internal references accordingly.
On page 3, line 21, after "Businesses" strike "applying for one of the benefits specified in subsection (1) of this section" and insert "participating in the private business assistance project"
On page 4, beginning on line 4, strike "September 1, 1995" and insert "July 1, 1996"
On page 4, beginning on line 8, after "on the" strike all material through "continue" on line 10 and insert "private business assistance project to determine whether or not to continue or expand the program state-wide"
On page 4, after line 10, insert the following:
"NEW SECTION. Sec. 3. The governor and the departments shall seek federal funding to the extent possible and exemptions from regulations necessary to implement the program under this chapter at the earliest possible date."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 4, line 11, after "Sections 1" strike "and 2" and insert "through 3"
On page 4, beginning on line 13, strike all of section 4 and insert the following:
"NEW SECTION. Sec. 4. This act shall take effect July 1, 1994."
Debate ensued.
Senator Sellar demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Sellar and Amondson on page 1, lines 12 and 18; page 3, line 21; page 4, lines 4, 8, 10, 11 and 13, to Second Substitute Senate Bill No. 5468.
ROLL CALL
The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 20; Nays, 28; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, L., West and Winsley - 20.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 28.
Excused: Senator McCaslin - 1.
MOTION
Senator Bluechel moved that the following amendments by Senators Bluechel and Amondson be considered simultaneously and be adopted:
On page 1, line 17, after "Sec. 2." strike "(1)"
On page 2, beginning on line 12, strike all of subsection (2)
Renumber the remaining subsections consecutively and correct any internal references accordingly.
On page 4, beginning on line 13, strike all of section 4 and insert the following:
"NEW SECTION. Sec. 4. This act shall take effect July 1, 1994."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Bluechel and Amondson on page 1, line 17; page 2, beginning on line 12; and page 4, beginning on line 13;to Second Substitute Senate Bill No. 5468.
The motion by Senator Bluechel failed and the amendments were not adopted.
MOTION
Senator Moyer moved that the following amendments be considered simultaneously and be adopted:
On page 1, beginning on line 18, after "development shall" strike all material through "benefits" on page 2, line 13, and insert "study businesses currently receiving loans, tax credits, or tax deferrals and the effects of the programs on job creation, company growth, the introduction of new products, the diversification of the state's economy, growth in investments, the movement of firms or the consolidation of firms' operation into the state, and such other factors as the departments select and report to the governor and the legislature by January 1, 1995, how many businesses receiving state assistance"
On page 3, beginning on line 21, strike all material through "continue." on page 4, line 10
On page 4, beginning on line 11, strike all of sections 3 and 4 and insert the following:
"NEW SECTION. Sec. 3. This act shall take effect July 1, 1994."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Moyer on page 1, beginning on line 18; page 3, beginning on line 21; and page 4, beginning on line 12; to Second Substitute Senate Bill No. 5468.
The motion by Senator Moyer failed and the amendments were not adopted on a rising vote.
MOTION
Senator Anderson moved that the following amendments be considered simultaneously and be adopted:
On page 2, line 1, after "businesses" insert "with more than twenty-five employees"
On page 2, line 12, after "businesses" insert "with more than twenty-five employees"
On page 3, line 21, after "Businesses" insert "with more than twenty-five employees"
On page 3, line 24, after "business" insert "with more than twenty-five employees"
On page 3, line 35, after "businesses" insert "with more than twenty-five employees"
On page 4, line 1, after "business" insert "with more than twenty-five employees"
On page 4, beginning on line 13, strike all of section 4 and insert the following:
"NEW SECTION. Sec. 4. This act shall take effect July 1, 1994."
Debate ensued.
Senator Bluechel demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senator Anderson on page 2, lines 1 and 12; page 3, lines 21, 24, 35; page 4, line 1, and beginning on line 13; to Second Substitute Senate Bill No. 5468.
ROLL CALL
The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 21; Nays, 27; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, L., West and Winsley - 21.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 27.
Excused: Senator McCaslin - 1.
MOTION
Senator Anderson moved that the following amendments be considered simultaneously and be adopted:
On page 2, line 1, after "businesses" insert "with more than one hundred employees"
On page 2, line 12, after "businesses" insert "with more than one hundred employees"
On page 3, line 21, after "Businesses" insert "with more than one hundred employees"
On page 3, line 24, after "business" insert "with more than one hundred employees"
On page 3, line 35, after "businesses" insert "with more than one hundred employees"
On page 4, line 1, after "business" insert "with more than one hundred employees"
Debate ensued.
POINT OF ORDER
Senator Skratek: "A point of order, Mr. President. My point of order, simply, is that he was going to read us the bill and I don't think that is appropriate for us to sit here and be asked to listen to a reading of the bill by Senator McDonald. I think he understood my objection and I appreciate that and I do hope that we do not see a continuance of simply trying to read us the bill."
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Anderson on page 2, lines 1 and 12; page 3, lines 21, 24 and 35; and page 4, line 1; to Second Substitute Senate Bill No. 5468.
The motion by Senator Anderson failed and the amendments were not adopted on a rising vote.
MOTION
Senator Anderson moved that the following amendments by Senator McCaslin be considered simultaneously and be adopted:
On page 2, line 1, after "businesses" insert "and cities with populations of more than two hundred fifty thousand residents"
On page 2, line 12, after "businesses" insert "and cities with populations of more than two hundred fifty thousand residents"
On page 3, after line 20, insert the following:
"(3) The departments shall also measure whether the cities receiving the benefits have: (a) Complied with federal and state requirements for affirmative action in hiring and promotion of their employees; (b) provided an average wage that is above the average wage paid by firms located in the same counties that share the same two-digit standard industrial code; (c) provided basic health coverage at a level at least equivalent to basic health coverage under chapter 70.47 RCW; (d) complied with all applicable federal and state environmental laws and regulations."
Renumber the remaining subsections consecutively and correct any internal references accordingly.
On page 3, line 21, after "Businesses" insert "and cities with populations of more than two hundred fifty thousand residents"
On page 3, line 24, after "business" insert "and cities with populations of more than two hundred fifty thousand residents"
On page 3, line 35, after "businesses" insert "and cities with populations of more than two hundred fifty thousand residents"
On page 4, line 1, after "business" insert "and cities with populations of more than two hundred fifty thousand residents"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator McCaslin on page 2, lines 1 and 12; page 3, after line 20, and lines 21, 24 and 35; and page 4, line 1; to Second Substitute Senate Bill No. 5468.
The motion by Senator Anderson failed and the amendments by Senator McCaslin were not adopted.
MOTIONS
On motion of Senator Roach, the following amendments by Senators Roach and Sheldon were considered simultaneously and were adopted:
On page 2, line 1, after "businesses" insert "other than businesses certified as minority or women-owned and controlled businesses pursuant to chapter 39.19 RCW"
On page 3, line 21, after "businesses" insert "other than businesses certified or eligible to be certified as minority or women-owned and controlled businesses pursuant to chapter 39.19 RCW"
On page 3, line 35, after "businesses" insert ", not including businesses certified or eligible to be certified as minority or women-owned and controlled businesses pursuant to chapter 39.19 RCW,"
On page 4, after line 10, insert the following:
"(7) This section does not apply to any business certified or eligible to be certified as a minority or women-owned and controlled business pursuant to chapter 39.19 RCW."
Senator West moved that the following amendment by Senators West and Amondson be adopted:
On page 2, line 6, after "82.61 RCW." insert "This chapter does not apply to businesses receiving assistance under RCW 43.72.240 or 43.72.870."
Debate ensued.
Senator Anderson demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators West and Amondson on page 2, line 6, to Second Substitute Senate Bill No. 5468.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 19; Nays, 28; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McDonald, Morton, Moyer, Nelson, Oke, Prince, Roach, Schow, Sellar, Smith, L., West and Winsley - 19.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 28.
Absent: Senator Newhouse - 1.
Excused: Senator McCaslin - 1.
MOTION
On motion of Senator Drew, Senator Haugen was excused.
MOTION
Senator Hochstatter moved that the following amendment be adopted:
On page 2, line 6, after "RCW." insert "However, the provisions in (2), (3) and (4) of this section shall not apply a business receiving a loan, tax credit or tax deferral that is less than the annual amount paid by the business in business and occupation tax."
Debate ensued.
POINT OF INQUIRY
Senator Anderson: "Senator Skratek, there is some confusion on how we are reading this bill. We have been looking at the language on page 3, starting on line 21, that talks about businesses applying for the benefits. Are the provisions of this also a study or does this part of the bill kick in right away? Can you clarify that for us?"
Senator Skratek: "Yes, Senator Anderson, I can. Subsection 3, beginning on line 21, is currently being done. This is not new language."
Senator Anderson: "Senator Skratek, I don't understand that, because this is talked about in a new section. It says, 'The Department of Revenue shall gather information on those things,' so this is not a new provision? This is a study provision?"
Senator Skratek: "This is a current process that is in place where we are asking for Employment Impact Statements. The piece that is not currently being done is the assessment as to whether or not they have accomplished what they said they were going to do. That is what this is all about--return on investment. If we are going to be subsidizing businesses in the state of Washington, and they are already required to provide us with an Employment Impact Statement, we are asking for an assessment as to whether or not they have accomplished what they said they would do."
Senator Bluechel requested that Senator Skratek yield to a question, but Senator Skratek would not yield.
Further debate ensued.
Senator Erwin demanded a roll call and the demand was sustained.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Hochstatter on page 2, line 6, to Second Substitute Senate Bill No. 5468.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 20; Nays, 27; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, L., West and Winsley - 20.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 27.
Excused: Senators Haugen and McCaslin - 2.
SPECIAL ORDER OF BUSINESS
On motion of Senator Spanel, further consideration of Second Substitute Senate Bill No. 5468 was deferred and made a special order of business for 4:55 p.m. today.
SECOND READING
SENATE BILL NO. 6311, by Senators Prentice and Pelz (by request of Department of Labor and Industries)
Adjusting permanent partial disability payments using the state average wage.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, Senate Bill No. 6311 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. 6311.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6311 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Haugen and McCaslin - 2.
SENATE BILL NO. 6311, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Spanel, the Senate commenced consideration of Senate Bill No. 6295.
SECOND READING
SENATE BILL NO. 6295, by Senators Sheldon, Morton, Drew and Fraser
Establishing an additional weighting factor to be used in purchasing products containing recycled material.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 6295 was substituted for Senate Bill No. 6295 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 6295 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Anderson: "Senator Fraser, in reading this bill, I like the trend that we are going to here. The concern that I had and I wanted to ask if it was discussed in committee, was that by using the weighting factor based upon savings and disposal costs--and then the department is looking at quantifying the cost savings, is that going to, however, create a higher product cost up front? While we are looking at cost savings through recycling and disposal costs, are we then going to weigh that against--if the product costs more up front?"
Senator Fraser: "To respond to the question, this is an optional method for bidders to use in bidding on state goods. It wouldn't be mandatory at all. If they do use Washington waste products in a product, then they could provide that information. The department would provide some uniform way of providing that information."
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6295.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6295 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6295, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Spanel, the Senate commenced consideration of Senate Bill No. 6509.
SECOND READING
SENATE BILL NO. 6509, by Senators Moore, Amondson and Prentice (by request of Insurance Commissioner)
Acting in the case of impaired insurers.
MOTIONS
On motion of Senator Moore, Substitute Senate Bill No. 6509 was substituted for Senate Bill No. 6509 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Moore, the rules were suspended, Substitute Senate Bill No. 6509 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. 6509.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6509 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6509, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Spanel, the Senate commenced consideration of Senate Bill No. 6073.
SECOND READING
SENATE BILL NO. 6073, by Senators Prentice, Newhouse and Vognild (by request of Employment Security Department)
Correcting unemployment compensation statutes for base year compensation and defining employment.
MOTIONS
On motion of Senator Vognild, Substitute Senate Bill No. 6073 was substituted for Senate Bill No. 6073 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Vognild, the rules were suspended, Substitute Senate Bill No. 6073 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. 6073.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6073 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Voting nay: Senator Erwin - 1.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6073, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Spanel, the Senate commenced consideration of Senate Bill No. 5871.
SECOND READING
SENATE BILL NO. 5871, by Senators Roach, A. Smith, Hochstatter, Owen, McDonald, Pelz, Erwin, M. Rasmussen, Snyder, Loveland, Drew, Sellar, von Reichbauer, McCaslin and Oke
Modifying the definition of aggravated first degree murder.
MOTION
Senator Adam Smith moved that Senate Bill No. 5871 not be substituted.
The President declared the question before the Senate to be the motion by Senator Adam Smith that Senate Bill No. 5871 not be substituted.
The motion by Senator Adam Smith carried and Senate Bill No. 5871 was not substituted.
Senate Bill No. 5871 was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 5871 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF ORDER
Senator Spanel: "Mr. President, I rise to a point of order. We have reached the time of 4:55 p.m. for the Special Order of Business on Second Substitute Senate Bill No. 5468."
There being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 5468, deferred earlier today.
MOTION
Senator Bluechel moved that the following amendment be adopted:
On page 2, beginning on line 16, after "share the same" strike "two-digit" and insert "four-digit"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Bluechel on page 2, beginning on line 16, to Second Substitute Senate Bill No. 5468.
The motion by Senator Bluechel failed and the amendment was not adopted on a rising vote.
MOTION
Senator McDonald moved that the following amendments be considered simultaneously and be adopted:
On page 2, line 1, after "businesses" insert ", other than high-technology businesses eligible to receive a tax credit or deferral pursuant to chapter ..., Laws of 1994 (2SSB 6347),"
On page 3, line 21, after "businesses" insert ", other than high-technology businesses eligible to receive a tax credit or deferral pursuant to chapter ..., Laws of 1994 (2SSB 6347),"
On page 3, line 35, after "businesses" insert ", not including high-technology businesses eligible to receive a tax credit or deferral pursuant to chapter ..., Laws of 1994 (2SSB 6347),"
On page 4, after line 10, insert the following:
"(7) This section does not apply to any high-technology business eligible to receive a tax credit or deferral pursuant to chapter ..., Laws of 1994 (2SSB 6347)."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator McDonald on page 2, line 1; page 3, lines 21 and 35; and page 4, after line 10, to Second Substitute Senate Bill No. 5468.
The motion by Senator McDonald failed and the amendments were not adopted.
MOTION
Senator Anderson moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The competitive strategies task force is established for the purposes of developing strategies for: Reducing the cost of government services or other public sector activities; improving the quality of services, without increasing costs, that citizens require; and minimizing the role of government where market competition is able to achieve the social good without significant government interference.
(2) The task force shall be composed of the following members: The executive director of the commission for efficiency and accountability in government or his or her designee, who shall serve as chair; the governor or the governor's designee; the director of the department of general administration or his or her designee; a representative from each caucus of the house of representatives to be appointed by the speaker of the house of representatives; a representative from each caucus of the senate to be appointed by the president of the senate; a representative from a major state-wide public employee union; two representatives from major state-wide private sector unions; three representatives from a major state-wide business organization that represents a cross section of private sector industry; and two representatives from the general public.
(3) The task force shall:
(a) Perform a thorough review and inventory of all state services and other activities of state government;
(b) Identify various arrangements that the state government might implement as alternative methods to the purchase or delivery of necessary services including but not limited to: The transfer of facility operation to a private sector management company; cooperative public-private finance and development plans, joint public-private operation of existing facilities, infrastructure, and services; sale or lease of government-owned real estate assets; transfer of selected services to the private sector; sale or recapitalization of government-owned companies; enhancement of cash management and debt restructuring; restructuring government organizations and management; use of leases and lease purchase arrangements for facilities and infrastructure; voucher-based programs; and intergovernmental agreements;
(c) Consider incentives to encourage the active use of the arrangements identified under (b) of this subsection by state agencies, departments, and institutions;
(d) Develop comprehensive guidelines or procedures for the implementation of arrangements identified under (b) of this subsection that ensure satisfactory accountability measures and protection of the public interest;
(e) Investigate efforts made by other states and nations to arrange for the use of competitive strategies; and
(f) Report its final findings and recommendations to the legislature no later than December 15, 1994, including any legislation the task force finds necessary for the implementation of the findings and recommendations.
(4) The office of financial management shall provide the necessary staff support for the purposes of the task force.
NEW SECTION. Sec. 2. It is the intent of the legislature that:
(1) All agencies, departments, offices of elective or appointed state officers, state institutions, colleges, universities, community colleges, technical colleges, college districts, public school districts, the supreme court, the court of appeals, and any other entities receiving appropriations from the legislature deliver high-quality services to the people of the state of Washington in the most efficient and cost-effective manner possible;
(2) The director of general administration, through the state purchasing and material control director established in RCW 43.19.180, be provided the highest level of flexibility in the purchase of all materials, supplies, services, and equipment necessary for the efficient support, maintenance, repair, and use of all agencies and departments under RCW 43.19.190; and
(3) Primary deliberation regarding the purchase or delivery of services by state agencies, departments, and institutions focus upon strategies that foster cost controls and increased quality or service levels through the use of free market enterprise competition.
Sec. 3. RCW 41.06.380 and 1979 ex.s. c 46 s 2 are each amended to read as follows:
((Nothing contained in this chapter shall prohibit any department)) An agency, as defined in RCW 41.06.020, ((from purchasing services by contract with individuals or business entities if such services were regularly purchased by valid contract by such department prior to April 23, 1979: PROVIDED, That no such contract may be executed or renewed if it would have the effect of terminating classified employees or classified employee positions existing at the time of the execution or renewal of the contract)) may purchase services or the delivery of services through contracts with individuals or business entities. The execution or renewal of the contract must be in compliance with RCW 43.19.1906.
Sec. 4. RCW 41.06.382 and 1979 ex.s. c 46 s 1 are each amended to read as follows:
((Nothing contained in this chapter shall prohibit any)) An institution of higher education, as defined in RCW 28B.10.016, or related board ((from purchasing services by contract with individuals or business entities if such services were regularly purchased by valid contract at such institution prior to April 23, 1979: PROVIDED, That no such contract may be executed or renewed if it would have the effect of terminating classified employees or classified employee positions existing at the time of the execution or renewal of the contract)) may purchase services or the delivery of services through contracts with individuals or business entities. The execution or renewal of the contract must be in compliance with RCW 43.19.1906.
NEW SECTION. Sec. 5. A new section is added to chapter 28A.400 RCW to read as follows:
Nothing in this chapter may be construed as prohibiting the procurement or provision of nonacademic services. Directors of school districts may purchase services or the delivery of services through contracts with individuals or business entities. The execution or renewal of the contract must be in compliance with RCW 43.19.1906.
NEW SECTION. Sec. 6. This act shall take effect July 1, 1994."
Debate ensued.
Senator Bluechel demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the striking amendment by Senator Anderson to Second Substitute Senate Bill No. 5468.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 20; Nays, 28; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, L., West and Winsley - 20.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 28.
Excused: Senator McCaslin - 1.
MOTION
On motion of Senator Skratek, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5468 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 Second Substitute Senate Bill No. 5468.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5468 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 22; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Loveland, Ludwig, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 26.
Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Haugen, Hochstatter, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Prince, Roach, Schow, Sellar, Smith, L., West and Winsley - 22.
Excused: Senator McCaslin - 1.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5468, 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 Spanel, the Senate advanced to the seventh order of business.
On motion of Senator Spanel, the Senate resumed consideration of Senate Bill No. 5871, deferred on third reading before the Senate took up the special order of business.
Debate on Senate Bill No. 5871 ensued.
MOTION
On motion of Senator Drew, Senator Niemi was excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5871.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5871 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Winsley and Wojahn - 43.
Voting nay: Senators Pelz, Prentice, Rinehart and Williams - 4.
Excused: Senators McCaslin and Niemi - 2.
SENATE BILL NO. 5871, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Spanel, the Senate reverted to the first order of business.
REPORT OF STANDING COMMITTEE
February 1, 1994
HB 1295 Prime Sponsor, Representative Orr: Recodifying RCW 41.26.281. Reported by Committee on Labor and Commerce
MAJORITY Recommendation: That it be referred to Committee on Ways and Means without recommendation. Signed by Senators Moore, Chair; Prentice, Vice Chair; Fraser, McAuliffe, Sellar, Sutherland and Vognild.
Referred to Committee on Ways and Means.
MOTION
At 5:30 p.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Wednesday, February 16, 1994.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate