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SEVENTEENTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, January 25, 1995
The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present.
The Sergeant at Arms Color Guard, consisting of Pages Gloria Porcella and Erika Siqueira, presented the Colors. Jim Cammack of the Baha'i Assembly of Tumwater, 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.
REPORTS OF STANDING COMMITTEES
January 24, 1995
SB 5042 Prime Sponsor, Senator Winsley: Directing cities and towns to deliver copies of new ordinances to the municipal research council. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, McCaslin and Winsley.
Passed to Committee on Rules for second reading.
January 24, 1995
SB 5049 Prime Sponsor, Senator Haugen: Authorizing a county research service. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, Heavey, McCaslin and Winsley.
Referred to Committee on Ways and Means.
January 24, 1995
SB 5089 Prime Sponsor, Senator Loveland: Requiring 911 compatibility of private telecommunications systems and private shared telecommunications services. Reported by Committee on Energy, Telecommunications and Utilities
MAJORITY Recommendation: That Substitute Senate Bill No. 5089 be substituted therefor, and the substitute bill do pass. Signed by Senators Sutherland, Chair; Loveland, Vice Chair; Finkbeiner, Hochstatter and Owen.
Passed to Committee on Rules for second reading.
January 24, 1995
SB 5156 Prime Sponsor, Senator Sutherland: Promoting competition for long distance telecommunications. Reported by Committee on Energy, Telecommunications and Utilities
MAJORITY Recommendation: That Substitute Senate Bill No. 5156 be substituted therefor, and the substitute bill do pass. Signed by Senators Sutherland, Chair; Loveland, Vice Chair; Hochstatter and Owen.
MINORITY Recommendation: Do not pass. Signed by Senator Finkbeiner.
COMMENTS: Current state policy supports competition with the belief that competitive telecommunications markets benefit the consumer in a variety of ways. This bill disembarks from that policy direction and would prohibit the commission from even considering the implementation of telephone dialing patterns that give consumers equal access to telecommunications service providers of their choice in the intra-LATA market.
Passed to Committee on Rules for second reading.
January 24, 1995
SB 5194 Prime Sponsor, Senator Fraser: Changing Puget Sound Water Quality Authority provisions. Reported by Committee on Ecology and Parks
MAJORITY Recommendation: Do pass as amended. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, McDonald, Spanel and Swecker.
Passed to Committee on Rules for second reading.
January 24, 1995
SB 5247 Prime Sponsor, Senator Spanel: Facilitating local water quality programs. Reported by Committee on Ecology and Parks
MAJORITY Recommendation: That Substitute Senate Bill No. 5247 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, McDonald, Spanel and Swecker.
Passed to Committee on Rules for second reading.
January 24, 1995
SB 5248 Prime Sponsor, Senator C. Anderson: Creating the Puget Sound license plate program. Reported by Committee on Ecology and Parks
MAJORITY Recommendation: Do pass and be referred to Committee on Transportation. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, McDonald, Spanel and Swecker.
Referred to Committee on Transportation.
REPORT OF STANDING COMMITTEE
GUBERNATORIAL APPOINTMENT
January 24, 1995
GA 9118 DR. DONNA D. SCHRAM, reappointed January 9, 1995, for a term ending August 2, 1997, as a member of the Sentencing Guidelines Commission.
Reported by Committee on Law and Justice
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Smith, Chair; Cal Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin and Roach.
Passed to Committee on Rules.
INTRODUCTION AND FIRST READING
SB 5495 by Senators Hochstatter, Rasmussen, Morton, Swecker, Sellar, Schow, Prince and Loveland
AN ACT Relating to setting aside waters; amending RCW 90.54.050; and creating a new section.
Referred to Committee on Senate Select Committee on Water Policy.
SB 5496 by Senators Bauer, Newhouse, Loveland, Cantu, Fraser, Winsley and Long
AN ACT Relating to exempting employers with qualified retirement plans from additional contributions; reenacting and amending RCW 41.40.010; adding a new section to chapter 41.40 RCW; decodifying RCW 41.40.045; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5497 by Senators McAuliffe, Fraser, Spanel, C. Anderson and Kohl
AN ACT Relating to used oil recycling; amending RCW 70.95I.005 and 70.95I.010; and adding new sections to chapter 70.95I RCW.
Referred to Committee on Ecology and Parks.
SB 5498 by Senators Hochstatter, Hargrove, Oke, Roach, Cantu, Schow, Owen and Deccio
AN ACT Relating to parents' rights in education; and adding a new chapter to Title 28A RCW.
Referred to Committee on Education.
SB 5499 by Senator McAuliffe (by request of Office of Financial Management and Superintendent of Public Instruction Billings)
AN ACT Relating to changing timelines for essential academic learning requirement assessments; amending RCW 28A.630.885; amending 1992 c 141 s 203 (uncodified); and providing an expiration date.
Referred to Committee on Education.
SB 5500 by Senators Smith, Long and Gaspard (by request of Attorney General Gregoire)
AN ACT Relating to the method of execution; amending RCW 10.95.180; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5501 by Senators Bauer, Rinehart, Oke, Prince and Wojahn (by request of Legislative Budget Committee)
AN ACT Relating to hospital regulation and inspection; amending RCW 70.41.030, 70.41.040, 70.41.120, and 74.42.600; adding a new section to chapter 70.41 RCW; and creating a new section.
Referred to Committee on Health and Long-Term Care.
SB 5502 by Senators Rinehart, Owen, Prince and Fairley
AN ACT Relating to service and delivery vehicles; amending RCW 46.37.400; and adding a new section to chapter 46.37 RCW.
Referred to Committee on Transportation.
SB 5503 by Senators Prentice, Deccio, Pelz, Sellar and Fraser
AN ACT Relating to health and safety regulation for temporary worker housing; adding a new chapter to Title 70 RCW; repealing RCW 43.70.330, 43.70.340, and 70.54.110; making an appropriation; and declaring an emergency.
Referred to Committee on Financial Institutions and Housing.
SB 5504 by Senator Smith
AN ACT Relating to soundproofing programs in aircraft noise- impacted areas; amending RCW 53.54.030; adding a new section to chapter 53.54 RCW; and declaring an emergency.
Referred to Committee on Government Operations.
SB 5505 by Senators Smith, Quigley and Roach
AN ACT Relating to false accusations of child abuse or neglect; adding a new section to chapter 26.44 RCW; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5506 by Senators Smith, Quigley and Roach
AN ACT Relating to restrictions in parenting plans; and amending RCW 26.09.191.
Referred to Committee on Law and Justice.
SB 5507 by Senators Heavey, Roach, Pelz, Swecker, Prentice and Sutherland
AN ACT Relating to public employees' collective bargaining; amending RCW 41.56.465; and reenacting and amending RCW 41.56.030.
Referred to Committee on Labor, Commerce and Trade.
SB 5508 by Senators Long and Heavey
AN ACT Relating to pensions for public safety employees; reenacting and amending RCW 41.26.030; adding a new section to chapter 41.26 RCW; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5509 by Senators Long, Roach, Heavey and Bauer
AN ACT Relating to the law enforcement officers' and fire fighters' retirement system; and amending RCW 41.26.115, 41.26.211, and 41.26.221.
Referred to Committee on Ways and Means.
SB 5510 by Senators Smith, Roach and Quigley
AN ACT Relating to crimes involving food stamps; amending RCW 9.91.140; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5511 by Senators Hargrove, Owen, Snyder, Quigley, Morton, Roach and A. Anderson
AN ACT Relating to the board of natural resources; and creating new sections.
Referred to Committee on Ways and Means.
SB 5512 by Senators Haugen, McCaslin, Quigley, Swecker and Rasmussen
AN ACT Relating to property tax relief for senior citizens and persons retired by reason of physical disability; amending RCW 84.36.383 and 84.36.383; creating a new section; providing a contingent effective date; and providing a contingent expiration date.
Referred to Committee on Ways and Means.
SB 5513 by Senators Rasmussen, McAuliffe, Bauer, Morton, Snyder, Fairley, Swecker, Drew, Wood, Haugen and Roach
AN ACT Relating to lost and unclaimed horses; amending RCW 16.54.010, 16.54.020, and 16.54.030; adding a new section to chapter 16.24 RCW; and declaring an emergency.
Referred to Committee on Agriculture and Agricultural Trade and Development.
SB 5514 by Senators Schow, Roach, Prince, Morton, Wood, Rasmussen, Long, Oke, Finkbeiner, Smith, Hargrove, Johnson, McCaslin and Owen
AN ACT Relating to posting of motor vehicle fuel tax rates; and adding a new section to chapter 82.36 RCW.
Referred to Committee on Transportation.
SB 5515 by Senators Owen, Oke and Hargrove
AN ACT Relating to metal detectors in state parks; adding a new section to chapter 43.51 RCW; and creating a new section.
Referred to Committee on Ecology and Parks.
SB 5516 by Senators Owen, Prentice, Deccio, Palmer, Sutherland, McDonald, Rinehart, Haugen, Sheldon, Heavey, Fraser, Franklin, Bauer, Roach and Rasmussen
AN ACT Relating to providing for drug-free workplaces; adding a new chapter to Title 49 RCW; and declaring an emergency.
Referred to Committee on Labor, Commerce and Trade.
SB 5517 by Senators Haugen, Morton, Snyder, Sellar, Newhouse, Rasmussen, Swecker, Franklin and Deccio
AN ACT Relating to reforming water resource and water quality administration; amending RCW 43.27A.020, 43.27A.090, 43.27A.130, 43.27A.190, 43.20.230, 43.21A.020, 43.21A.067, 43.83B.040, 43.83B.210, 43.83B.220, 43.83B.230, 43.83B.345, 43.83B.365, 43.83B.400, 43.83B.405, 43.83B.410, 43.83B.415, 89.16.040, 89.16.045, 89.16.050, 89.16.055, 89.16.060, 89.16.070, 89.16.080, 89.30.055, 89.30.058, 89.30.070, 89.30.427, 90.03.005, 90.03.015, 90.03.030, 90.03.060, 90.03.070, 90.03.100, 90.03.110, 90.03.120, 90.03.130, 90.03.140, 90.03.160, 90.03.170, 90.03.190, 90.03.200, 90.03.210, 90.03.230, 90.03.240, 90.03.247, 90.03.250, 90.03.260, 90.03.270, 90.03.280, 90.03.290, 90.03.300, 90.03.310, 90.03.320, 90.03.330, 90.03.340, 90.03.345, 90.03.350, 90.03.360, 90.03.370, 90.03.380, 90.03.383, 90.03.386, 90.03.390, 90.03.430, 90.03.440, 90.03.470, 90.03.471, 90.03.600, 90.08.040, 90.08.050, 90.14.041, 90.14.043, 90.14.051, 90.14.061, 90.14.065, 90.14.091, 90.14.101, 90.14.111, 90.14.130, 90.14.150, 90.14.180, 90.14.190, 90.14.200, 90.14.215, 90.14.230, 90.16.060, 90.16.090, 90.22.010, 90.22.020, 90.22.030, 90.22.040, 90.22.060, 90.24.010, 90.24.030, 90.24.040, 90.24.050, 90.24.060, 90.38.010, 90.38.020, 90.38.030, 90.38.040, 90.38.050, 90.40.090, 90.42.020, 90.42.030, 90.42.040, 90.42.050, 90.42.080, 90.44.035, 90.44.050, 90.44.060, 90.44.070, 90.44.080, 90.44.090, 90.44.100, 90.44.110, 90.44.120, 90.44.130, 90.44.180, 90.44.200, 90.44.220, 90.44.230, 90.44.250, 90.44.400, 90.44.410, 90.44.410, 90.44.420, 90.44.430, 90.44.445, 90.44.450, 90.46.005, 90.46.020, 90.46.030, 90.46.040, 90.46.050, 90.54.010, 90.54.030, 90.54.040, 90.54.045, 90.54.050, 90.54.060, 90.54.100, 90.54.110, 90.54.120, 90.54.130, 90.54.140, 90.54.150, 90.54.160, 90.54.170, 90.54.190, 90.54.200, 90.54.900, 90.66.040, 90.66.050, 90.66.060, 90.66.070, and 90.66.080; reenacting and amending RCW 43.83B.300 and 90.42.010; adding new sections to chapter 43.27A RCW; creating a new section; recodifying RCW 43.21A.067; decodifying RCW 90.14.043; repealing RCW 43.21A.064; providing effective dates; providing an expiration date; and declaring an emergency.
Referred to Committee on Senate Select Committee on Water Policy.
SB 5518 by Senators Heavey and Roach
AN ACT Relating to abolishing the growth management hearings boards; amending RCW 36.70A.110, 36.70A.210, 36.70A.280, 36.70A.300, 36.70A.310, and 36.70A.320; reenacting and amending RCW 36.70A.290; creating a new section; and repealing RCW 36.70A.250, 36.70A.260, and 36.70A.270.
Referred to Committee on Government Operations.
SB 5519 by Senator Heavey
AN ACT Relating to the fixing of, and the directing of growth within, urban growth area boundaries; and amending RCW 36.70A.110 and 36.70A.130.
Referred to Committee on Government Operations.
SB 5520 by Senators Hargrove, Long and Franklin
AN ACT Relating to placement of children; and amending RCW 13.34.130 and 13.34.145.
Referred to Committee on Human Services and Corrections.
SB 5521 by Senators Kohl and Quigley (by request of Department of Social and Health Services)
AN ACT Relating to child care administration; and adding a new section to chapter 74.13 RCW.
Referred to Committee on Human Services and Corrections.
SB 5522 by Senators Smith, Roach, C. Anderson and Johnson
AN ACT Relating to the use of pro tempore judges and court commissioners; amending RCW 3.34.130 and 35.20.200; and adding a new section to chapter 35.20 RCW.
Referred to Committee on Law and Justice.
SB 5523 by Senators Smith and Johnson
AN ACT Relating to imposition of costs; amending RCW 10.01.160; and repealing RCW 10.64.130.
Referred to Committee on Law and Justice.
SB 5524 by Senators Smith, Johnson and C. Anderson
AN ACT Relating to penalties for driving without a driver's license and negligent driving; amending RCW 46.61.525; reenacting and amending RCW 46.20.021 and 46.63.020; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5525 by Senators Heavey, Johnson, C. Anderson and Smith
AN ACT Relating to municipal court judges' salaries in cities over four hundred thousand; and amending 35.20.160.
Referred to Committee on Law and Justice.
SB 5526 by Senators Smith, Long and C. Anderson
AN ACT Relating to district and municipal court service fees; and amending RCW 3.62.060.
Referred to Committee on Law and Justice.
SB 5527 by Senators Oke, Haugen, Rasmussen, Fraser, Bauer and Spanel
AN ACT Relating to wildlife and fisheries habitat on state rangelands; adding a new section to chapter 89.08 RCW; adding a new section to chapter 79.01 RCW; adding a new section to chapter 77.12 RCW; adding a new section to chapter 43.51 RCW; creating new sections; and making an appropriation.
Referred to Committee on Natural Resources.
SJM 8011 by Senators Hargrove, Owen, Snyder, Bauer, Deccio, Morton, A. Anderson and Rasmussen
Requesting that the U.S. Department of Agriculture assist in restoring burned forests.
Referred to Committee on Natural Resources.
MOTION
At 10:07 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 10:43 a.m. by President Pritchard.
SECOND READING
SENATE BILL NO. 5038, by Senator Quigley
Extending time periods for certain health care reform activities.
The bill was read the second time.
MOTION
On motion of Senator Quigley, the rules were suspended, 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 Senate Bill No. 5038.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5038 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
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, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 49.
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.
PERSONAL PRIVILEGE
Senator Quigley: "Thank you, Mr. President. I rise to a point of personal privilege. I would simply like to thank the members for this unanimous vote on this first step in fine tuning health care reform and suggest that it sets the mark to where we want to come out when we finally do decide on a bill to fine tune health care reform and that mark is that we pass a bill that is agreed to unanimously. Thank you, Mr. President."
MOTION
On motion of Senator West, the following resolution was adopted:
SENATE RESOLUTION 1995-8608
By Senators West, C. Anderson, Hale, Oke, Morton, Spanel, Drew, Wojahn, Johnson, Swecker, Bauer, Haugen and Kohl
WHEREAS, Over nine thousand men and women of the Washington State National Guard continue to serve the country as a key part of our national defense; and
WHEREAS, These citizen soldiers who reside in every legislative district throughout Washington volunteer their time and personal efforts to serve the needs of the people of Washington State; and
WHEREAS, The Guard is assisting local communities with their health needs through Operation Guardcare, a program under which medical personnel give care to medically underserved areas through inoculations and wellness services; and
WHEREAS, The Guard is active in promoting positive activities for the youth of our state through active involvement in the D.A.R.E. program, drug demand reduction presentations at local schools, and Camp Minuteman, a motivational summer youth experience at Camp Murray; and
WHEREAS, The Guard makes a major contribution to our state's war on drugs by providing soldiers and equipment in support of local law enforcement through thirty-five different agencies. These counterdrug support efforts by our men and women last year contributed to over nine thousand drug related arrests, and seizure and destruction of millions of dollars of illegal drugs; and
WHEREAS, The Guard continues its high priority support for local communities by opening armories for public use for classes, food banks, and community and youth activities. The guard also answered numerous calls for assistance from local communities for missions varying from traditional color guards to hauling food in support of anti-hunger initiatives; and
WHEREAS, The Guard added another bright chapter in its history as an essential part of our state's ability to protect lives and property in the event of natural disasters. The Guard provided a major portion of the equipment and firefighting and support personnel in the state effort to fight the Central Washington wildfires in August of 1994. Over three thousand five hundred Guard soldiers and seven hundred pieces of equipment operated in the five fire areas during the height of the fire danger. These soldiers and airmen gave up time from their jobs and families to preserve lives and safety in endangered local communities. They accomplished their missions in the face of constant danger and adversity with no loss of life or significant injury. Their actions represent a continuation of the great tradition of sacrifice and service to Washington as shown in the Mt. St. Helens eruption, Spokane wildfires, floods in Skagit County, and the 1993 Inauguration Day windstorm;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognizes and applauds the members of the Washington State National Guard for their exceptional dedication, pride and professional service to the state of Washington; and
BE IT FURTHER RESOLVED, That the Washington State Senate express its appreciation to the families and employers of our Guard soldiers and airmen for their support without which the Guard's mission could not be successful; and
BE IT FURTHER RESOLVED, That the Senate specifically and particularly recognizes the value of a strong Washington State National Guard to the economy and well-being of this state, both through the occasional performance of its state disaster relief mission, and through the ongoing benefit to local communities by the presence of productively employed, drug free, and efficiently trained Guard units and the armories that house them; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted to the Adjutant General of the Washington State National Guard, the Governor of the state of Washington, the Secretary of the Army, the Secretary of the Air Force, and to the President of the United States.
Senators West and Cal Anderson spoke to Senate Resolution 1995-8608.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the Washington State National Guard, who were seated in the gallery.
MOTION
On motion of Senator Gaspard, the following resolution was adopted:
SENATE RESOLUTION 1995-8609
By Senators Gaspard, C. Anderson, Wojahn, Bauer, Oke, Spanel, Johnson, Hale, Swecker, Roach, Haugen and Kohl
WHEREAS, The men and women who serve as law enforcement officers in the state of Washington are the first line of defense for people's safety and the protection of their property; and
WHEREAS, The state's law enforcement officers place their lives and physical well-being at risk each day they report for duty; and
WHEREAS, Law enforcement officers throughout the state are involved in many community activities, giving of themselves and their time, especially in programs involving young people; and
WHEREAS, The people of the state of Washington have high regard and appreciation for the courage, dedication and professionalism demonstrated by law enforcement officers;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby honors the state's law enforcement officers and recognizes their outstanding efforts to serve and protect the state's citizens; and
BE IT FURTHER RESOLVED, That the Washington State Senate conveys its heartfelt thanks to the state's law enforcement officers for their service to the people and communities of the state of Washington.
MOTION
At 10:57 a.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Thursday, January 26, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate