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TWELFTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, January 20, 1995
The Senate was called to order at 10:00 a.m. by President Pro Tempore Wojahn. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators McCaslin and Roach. On motion of Senator Ann Anderson, Senators McCaslin and Roach were excused.
The Sergeant at Arms Color Guard, consisting of Jackie Zehner and Ryan Hein, presented the Colors. Reverend Philip Norris, pastor of the Lacey Community Church, offered the prayer.
INTRODUCTION OF SPECIAL GUEST
President Pro Tempore Wojahn welcomed and introduced Catholic Archbishop Thomas Murphy of the Archdiocese of Seattle, who was seated on the rostrum.
With permission of the Senate, business was suspended and Archbishop Murphy addressed the Senate.
REMARKS BY ARCHBISHOP MURPHY
Archbishop Murphy: "Thank you very, very much. I am here in Olympia just to visit and most of all the opportunity to speak to you, to say, 'Thank you.' As a citizen of the state and as the Archbishop of the church in Western Washington, the cooperative efforts between the church and the care of human persons in the state, along with the Legislature, has been a real gift. This really struck me this last past week. As you know in Seattle, when the four firepersons died, it happened by chance each of them was a member of the Roman Catholic faith community. I was never so struck in my life by being able to attend those four services, as well as at the Seattle Center. But, what came out of that experience was the sense of the service that we take for granted, which for these particular men cost them their lives. That made me aware in so many ways the service that all of us could take for granted--the service of men and women, such as yourselves, as we seek what is common to all of us as human beings.
"That also was brought to my attention on Wednesday evening when, at our Cathedral in Seattle, we had a service for the victims of the Japanese earthquake, and what brought us to that conclusion and that service was, despite the different faith traditions that are part of our experience, we share a humanity. We are daughters and sons of the same God; we are brothers and sisters to one another. So, the opportunity on Wednesday night for the Roman Catholic community to offer a sympathy and a word of hope to the Japanese community was a privilege for us. Again the awareness, there is far more that we have in common than what separates us. My prayer for you, as legislators, is that we may discover the truth that God lights in our hearts and to listen to that truth as we try to serve God and especially serve our sisters and brothers in need. Thank you for the ministry you offer, often taken for granted, often overlooked, but my friends, deeply appreciated. Thank you."
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
January 19, 1995
SB 5038 Prime Sponsor, Senator Quigley: Extending time periods for certain health care reform activities. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Quigley, Chair; Wojahn, Vice Chair; C. Anderson, Deccio, Fairley, Franklin, Moyer, Winsley and Wood.
Passed to Committee on Rules for second reading.
January 19, 1995
SB 5040 Prime Sponsor, Senator Haugen: Prescribing the selection process for district court districting committees. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5040 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, Heavey, McCaslin and Winsley.
Passed to Committee on Rules for second reading.
January 19, 1995
SB 5041 Prime Sponsor, Senator Winsley: Authorizing temporary vacancies in local elective offices to be filled. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, Heavey, McCaslin and Winsley.
Passed to Committee on Rules for second reading.
January 19, 1995
SB 5043 Prime Sponsor, Senator Winsley: Revising procedures for adoption of codes and statutes by reference by code cities. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, Heavey, McCaslin and Winsley.
Passed to Committee on Rules for second reading.
January 19, 1995
SB 5046 Prime Sponsor, Senator Haugen: Revising filing requirements for interlocal agreements. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, Heavey, McCaslin and Winsley.
Passed to Committee on Rules for second reading.
January 19, 1995
SB 5103 Prime Sponsor, Senator Rinehart: Making supplemental appropriations for the 1993-95 biennium. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 5103 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Gaspard, Hargrove, Hochstatter, Johnson, Long, McDonald, Moyer, Pelz, Quigley, Roach, Snyder, Spanel, Strannigan, Sutherland, West and Winsley.
HOLD.
MOTION
On motion of Senator Spanel, the rules were suspended, Senate Bill No. 5103 was advanced to second reading and placed on the second reading calendar.
INTRODUCTION AND FIRST READING
SB 5345 by Senators Cantu, McCaslin, Hochstatter, Deccio, Schow, Morton, Finkbeiner, West and A. Anderson
AN ACT Relating to limiting prevailing wage requirements to on-site work; and amending RCW 39.12.020 and 39.12.030.
Referred to Committee on Labor, Commerce and Trade.
SB 5346 by Senators Cantu, McCaslin, Hochstatter, Finkbeiner, Schow, Deccio, Newhouse, Oke and A. Anderson
AN ACT Relating to wages paid for common school construction and renovation; and amending RCW 39.12.020.
Referred to Committee on Labor, Commerce and Trade.
SB 5347 by Senators Cantu, Oke, Johnson and West
AN ACT Relating to limiting regular property taxes; and amending RCW 84.55.010.
Referred to Committee on Ways and Means.
SB 5348 by Senators Cantu, Fraser and Winsley
AN ACT Relating to disclosure of drivers' license records; adding a new section to chapter 46.20 RCW; and adding a new section to chapter 42.17 RCW.
Referred to Committee on Law and Justice.
SB 5349 by Senators Cantu, Roach, Oke, Schow, Johnson, Deccio, Wood, Winsley, Hale, Strannigan, Finkbeiner, McCaslin, Palmer, Long, Hochstatter, Moyer, West, Newhouse, Swecker, Morton and A. Anderson
AN ACT Relating to performance audits conducted by the state auditor; amending RCW 43.88.160 and 43.88.090; creating new sections; making an appropriation; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5350 by Senators Wojahn, Winsley, Haugen, McCaslin, Drew and Kohl
AN ACT Relating to counties' powers over family day-care providers; amending RCW 36.70A
Referred to Committee on Government Operations.
SB 5351 by Senators Wojahn, Winsley, Haugen, McCaslin and Drew
AN ACT Relating to requirements of cities regarding certification of family day-care provider's home facilities; and amending RCW 35.63.---, 35A.63.---, and 36.70A.---.
Referred to Committee on Government Operations.
SB 5352 by Senators Sheldon, Cantu, Rasmussen and Oke
AN ACT Relating to small business innovation research awards; and adding a new section to chapter 82.04 RCW.
Referred to Committee on Labor, Commerce and Trade.
SB 5353 by Senators Sheldon, Rasmussen and Kohl
AN ACT Relating to economic development grants; adding new sections to chapter 43.330 RCW; and creating a new section.
Referred to Committee on Labor, Commerce and Trade.
SB 5354 by Senators McAuliffe, Long, Sheldon, Smith, Quigley, Drew, Haugen, Snyder, Gaspard, Rasmussen, Bauer, Winsley and Oke
AN ACT Relating to increasing penalties for alcohol or drug-impaired operators of motor vehicles with minor passengers; amending RCW 46.61.5051, 46.61.5052, and 46.61.5053; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5355 by Senators Drew, Morton and Rasmussen
AN ACT Relating to claims for damages caused by deer or elk; creating new sections; and providing an expiration date.
Referred to Committee on Natural Resources.
SB 5356 by Senators Owen, Prince and Bauer (by request of Board of Pilotage Commissioners)
AN ACT Relating to pilotage license fees; amending RCW 88.16.090; providing an effective date; and declaring an emergency.
Referred to Committee on Transportation.
SB 5357 by Senators Owen, Prince and Bauer (by request of Board of Pilotage Commissioners)
AN ACT Relating to pilotage services; amending RCW 88.16.070; reenacting and amending RCW 88.16.150; and prescribing penalties.
Referred to Committee on Transportation.
SB 5358 by Senators Bauer, Newhouse, Rinehart and Winsley
AN ACT Relating to transferring retirement system plan membership; and adding a new section to chapter 41.40 RCW.
Referred to Committee on Ways and Means.
SB 5359 by Senators Sheldon, Cantu, Rasmussen, Winsley and A. Anderson
AN ACT Relating to self-employment for unemployed claimants; amending RCW 50.16.030; adding a new chapter to Title 50 RCW; creating a new section; and providing an effective date.
Referred to Committee on Labor, Commerce and Trade.
SB 5360 by Senator Heavey
AN ACT Relating to port districts; adding a new section to chapter 53.36 RCW; and adding a new section to chapter 53.08 RCW.
Referred to Committee on Government Operations.
SB 5361 by Senators Smith and Heavey
AN ACT Relating to areas impacted by aircraft noise; amending RCW 53.54.020 and 53.54.030; adding new sections to chapter 53.54 RCW; and declaring an emergency.
Referred to Committee on Government Operations.
SB 5362 by Senators Smith and Heavey
AN ACT Relating to airport siting; amending RCW 36.70A.200; adding a new section to chapter 47.06 RCW; adding a new section to chapter 47.80 RCW; adding a new chapter to Title 47 RCW; making an appropriation; and declaring an emergency.
Referred to Committee on Transportation.
SB 5363 by Senator Pelz
AN ACT Relating to developing personal responsibility for recipients of aid to families with dependent children through the use of contracts; reenacting and amending RCW 74.04.005; adding new sections to chapter 74.12 RCW; creating new sections; repealing RCW 74.12.420; and providing for submission of this act to a vote of the people.
Referred to Committee on Health and Long-Term Care.
SB 5364 by Senator Owen (by request of Office of Financial Management)
AN ACT Relating to transportation bonds; amending RCW 47.10.834, 47.10.835, 47.10.836, 47.10.837, 47.10.838, 47.10.839, and 47.10.841; repealing RCW 47.10.840; and declaring an emergency.
Referred to Committee on Transportation.
SB 5365 by Senators Fairley, Deccio, Wojahn and Winsley (by request of Department of Health)
AN ACT Relating to the uniform disciplinary act; amending RCW 18.130.020, 18.130.095, 18.130.098, 18.130.170, and 18.130.180; and reenacting and amending RCW 18.130.040 and 18.130.050.
Referred to Committee on Health and Long-Term Care.
SB 5366 by Senator Owen (by request of Office of Financial Management)
AN ACT Relating to transportation bonds; amending RCW 47.10.834, 47.10.835, 47.10.836, 47.10.837, 47.10.838, 47.10.839, and 47.10.841; repealing RCW 47.10.840; and declaring an emergency.
Referred to Committee on Transportation.
SB 5367 by Senators Smith and Roach
AN ACT Relating to the penalty for failing to obey an officer; amending RCW 46.61.022; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5368 by Senator Heavey
AN ACT Relating to voting for port commissioners; and amending RCW 53.12.010.
Referred to Committee on Government Operations.
SB 5369 by Senators Haugen and Winsley
AN ACT Relating to merger of fire protection districts; and amending RCW 52.06.050.
Referred to Committee on Government Operations.
SB 5370 by Senators Hale, Winsley, Haugen and Wood
AN ACT Relating to the use of credit cards by local governments; amending RCW 42.24.115; adding a new section to chapter 39.58 RCW; and creating a new section.
Referred to Committee on Government Operations.
SB 5371 by Senators Morton and West
AN ACT Relating to distribution of estates; and amending RCW 11.04.015 and 11.12.051.
Referred to Committee on Law and Justice.
SB 5372 by Senators Sheldon and Wood (by request of Community, Trade, and Economic Development and Public Works Board)
AN ACT Relating to appropriations for projects recommended by the public works board; creating new sections; making an appropriation; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5373 by Senators Hochstatter, Roach, Oke and Morton
AN ACT Relating to the best interest of a minor child; and amending RCW 13.32A.010, 13.32A.120, 13.34.020, 26.33.010, 26.33.140, 74.13.010, 74.14A.010, 74.14C.005, and 74.15.010.
Referred to Committee on Human Services and Corrections.
SB 5374 by Senators Smith and Roach
AN ACT Relating to registered limited liability partnerships; amending RCW 25.04.020, 25.04.060, 25.04.150, 25.04.180, 25.04.340, 25.04.360, and 25.04.400; and adding new sections to chapter 25.04 RCW.
Referred to Committee on Law and Justice.
SB 5375 by Senators Wojahn, McCaslin, Haugen, Deccio, Franklin, Spanel, Kohl, Snyder, Quigley, Prentice, Oke and Moyer
AN ACT Relating to suspension of licenses for failure to pay child support; amending RCW 74.20A.020, 46.20.291, 46.20.311, 18.04.335, 18.11.160, 18.27.060, 18.39.181, 18.46.050, 18.96.120, 18.104.110, 18.130.150, 18.160.080, 43.20A.205, and 43.70.115; reenacting and amending RCW 18.130.050; adding new sections to chapter 74.20A RCW; adding a new section to chapter 48.22 RCW; adding a new section to chapter 2.48 RCW; adding a new section to chapter 18.04 RCW; adding a new section to chapter 18.08 RCW; adding a new section to chapter 18.16 RCW; adding a new section to chapter 18.20 RCW; adding a new section to chapter 18.28 RCW; adding a new section to chapter 18.39 RCW; adding a new section to chapter 18.43 RCW; adding a new section to chapter 18.44 RCW; adding a new section to chapter 18.51 RCW; adding a new section to chapter 18.76 RCW; adding a new section to chapter 18.85 RCW; adding a new section to chapter 18.106 RCW; adding a new section to chapter 18.130 RCW; adding a new section to chapter 18.140 RCW; adding a new section to chapter 18.145 RCW; adding a new section to chapter 18.165 RCW; adding a new section to chapter 18.170 RCW; adding a new section to chapter 18.175 RCW; adding a new section to chapter 18.185 RCW; and creating new sections.
Referred to Committee on Law and Justice.
SJM 8010 by Senators Cantu, Fraser, Oke, Winsley, Johnson, Snyder, Hochstatter, Finkbeiner, Strannigan, Schow, Moyer, Palmer, Roach, Deccio and West
Postratifying Amendment XXVII.
Referred to Committee on Government Operations.
SJR 8208 by Senators Hochstatter, McCaslin, Schow, Oke, Morton, Cantu, Franklin, Palmer, Finkbeiner, Wood and Swecker
Creating a constitutional right of parents to direct the upbringing and education of their children.
Referred to Committee on Human Services and Corrections.
SJR 8209 by Senator Hochstatter
Amending the Constitution to declare English as the official language of the state of Washington.
Referred to Committee on Government Operations.
MOTION
On motion of Senator Fraser, the following resolution was adopted:
SENATE RESOLUTION 1995-8607
By Senators Fraser, Winsley, Rasmussen, Roach, Wojahn, C. Anderson, Hale, Spanel, Heavey, Haugen, Johnson, Oke, Sellar, Newhouse, Snyder, Gaspard and Kohl
WHEREAS, Hyogo Prefecture, Japan has been struck by the most severe earthquake in Japan since 1952; and
WHEREAS, The loss of life and property damage has placed a heavy burden on the people of Hyogo and its government; and
WHEREAS, Washington State has itself experienced, first hand, the heavy losses wrought by earthquakes in the past; and
WHEREAS, Washington State has maintained a valuable and active sister state relationship with Hyogo Prefecture for more than thirty years, the oldest such relationship in the United States, which has resulted in innumerable friendships, business, educational, and cultural relationships between our two areas; and
WHEREAS, Several communities in Washington State and Hyogo Prefecture have active sister community relationships, including: Auburn and Kasuga, Kent and Kaibara, Kittitas County and Sanda City, Olympia and Yashiro, Pullman and Kasai City, Renton and Nishiwaki, Seattle and Kobe, Sequim and Yamasaki, Spokane and Nishinomiya, and Walla Walla and Sasayama; and
WHEREAS, The Washington State - Hyogo Prefecture Legislative Friendship Association was founded one year ago by the Washington State Legislature to foster a continued exchange of friendship and information between our two Legislative bodies; and
WHEREAS, The people of Washington State have a special sense of friendship with and, therefore, a profound sympathy for, the people of Hyogo in their time of sorrow and loss; and
WHEREAS, The people of Washington State stand by to offer any needed assistance if asked;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hold a moment of silence in remembrance of the victims of the earthquake in Japan; and
BE IT FURTHER RESOLVED, That the Washington State Senate extend its expression of profound sympathy and support to Governor Toshitami Kaihara, the Prefectural Assembly, and the people of Hyogo; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Governor Toshitami Kaihara, Mr. Kanbe Hajimu, Speaker of the Hyogo Prefectural Assembly, President Isami Hirazawa of the Japan-America Friendship League of Hyogo Prefectural Assembly, and to Mr. Takeo Tarahata of the Hyogo Cultural Center located in Seattle.
Senators Fraser, Wood, Winsley and Rasmussen spoke to Senate Resolution 1995-8607.
MOTION
At 10:27 a.m., on motion of Senator Spanel, the Senate recessed until 10:45 a.m.
The Senate was called to order at 10:53 a.m. by President Pro Tempore Wojahn.
MOTION
On motion of Senator Spanel, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 5103, by Senators Rinehart and West (by request of Office of Financial Management)
Making supplemental appropriations for the 1993-95 biennium.
MOTIONS
On motion of Senator Rinehart, Substitute Senate Bill No. 5103 was substituted for Senate Bill No. 5103 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Rinehart, the rules were suspended, Substitute Senate Bill No. 5103 was advanced to third reading, the second reading considered the third and bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5103.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5103 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Excused: Senators McCaslin and Roach - 2.
SUBSTITUTE SENATE BILL NO. 5103, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 11:00 a.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m., Monday, January 23, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate