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TWENTY-NINTH DAY


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MORNING SESSION


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Senate Chamber, Olympia, Monday, February 6, 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 except Senators Ann Anderson, Cantu, Fraser, Kohl, Roach and Schow. On motion of Senator Wood, Senators Ann Anderson, Cantu, Roach and Schow were excused. On motion of Senator Loveland, Senators Fraser and Kohl were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Katie Doellefeld and Stefani Dodd, presented the Colors. Reverend Joan Cathey of The Evergreen State College Campus Ministry, 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


February 2, 1995

SB 5021             Prime Sponsor, Senator Snyder: Modifying regulation of limited outdoor burning. Reported by Committee on Ecology and Parks


      MAJORITY Recommendation: That Substitute Senate Bill No. 5021 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.


February 3, 1995

SB 5078             Prime Sponsor, Senator Fraser: Concerning premium finance agreements. Reported by Committee on Financial Institutions and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale, Roach, Sellar, Smith and Sutherland.


      Passed to Committee on Rules for second reading.


February 2, 1995

SB 5155             Prime Sponsor, Senator Hargrove: Exempting from the shoreline management act certain projects that have been granted hydraulic permits. Reported by Committee on Ecology and Parks


      MAJORITY Recommendation: That Substitute Senate Bill No. 5155 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.


February 3, 1995

SB 5165             Prime Sponsor, Senator Smith: Revising the statute of limitations for negotiable instruments. Reported by Committee on Financial Institutions and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale, Roach, Sellar, Smith and Sutherland.


      Passed to Committee on Rules for second reading.


February 3, 1995

SB 5179             Prime Sponsor, Senator Winsley: Altering the definition of a used mobile home. Reported by Committee on Financial Institutions and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale, Roach, Sellar, Smith and Sutherland.


      Referred to Committee on Ways and Means.


February 2, 1995

SB 5230             Prime Sponsor, Senator Owen: Revising vehicle load fees. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Owen, Chair; Fairley, Kohl, Morton, Oke, Prentice, Prince, Rasmussen, Schow, Sellar and Wood.


      Passed to Committee on Rules for second reading.


February 2, 1995

SB 5356             Prime Sponsor, Senator Owen: Providing for enforcement and administration of the pilotage act. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Owen, Chair; Heavey, Vice Chair; Fairley, Kohl, Morton, Oke, Prentice, Prince, Rasmussen, Schow, Sellar and Wood.


      Passed to Committee on Rules for second reading.


February 2, 1995

SB 5357             Prime Sponsor, Senator Owen: Strengthening the provisions of the pilotage act affecting marine safety and protection of the marine environment. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Owen, Chair; Heavey, Vice Chair; Fairley, Kohl, Morton, Oke, Prentice, Prince, Rasmussen, Schow, Sellar and Wood.


      Passed to Committee on Rules for second reading.


February 1, 1995

SB 5401             Prime Sponsor, Senator Quigley: Extending deadlines for studies of medical benefits for injured workers under a consolidated health care system. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass. Signed by Senators Quigley, Chair; Wojahn, Vice Chair; Deccio, Fairley, Franklin, Moyer, Winsley and Wood.


      Passed to Committee on Rules for second reading.


MESSAGE FROM THE GOVERNOR


February 3, 1995


TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to advise you that February 3, 1995, Governor approved the following Senate Bill entitled:

      SENATE BILL NO. 5038

      Relating to modifying time periods for adoption of health benefits and standards.

Sincerely,

KENT CAPUTO, Legal Counsel to the Governor


MESSAGES FROM THE HOUSE

February 3, 1995

MR. PRESIDENT:

      The Speaker has signed ENGROSSED SENATE CONCURRENT RESOLUTION NO. 8403, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 3, 1995

MR. PRESIDENT:

      The Speaker has signed:

      HOUSE CONCURRENT RESOLUTION NO. 4400,

      HOUSE CONCURRENT RESOLUTION NO. 4403, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT


The President signed:

      HOUSE CONCURRENT RESOLUTION NO. 4400,

      HOUSE CONCURRENT RESOLUTION NO. 4403.



INTRODUCTION AND FIRST READING

 

SB 5755             by Senators Loveland, Newhouse, Spanel, Rasmussen and Haugen

 

AN ACT Relating to the application of use tax on donated property to nonprofit charitable organizations; adding a new section to chapter 82.12 RCW; and declaring an emergency.

 

Referred to Committee on Ways and Means.

 

SB 5756             by Senators Swecker, Hochstatter and Morton

 

AN ACT Relating to wildlife; amending RCW 77.08.010 and 77.12.010; and creating a new section.

 

Referred to Committee on Natural Resources.

 

SB 5757             by Senators McCaslin, Haugen, Winsley, Heavey and Sheldon

 

AN ACT Relating to bidding requirements; amending RCW 36.32.250, 36.77.040, 39.04.220, 39.10.060, 47.28.100, 47.60.778, 53.08.130, 54.04.080, 56.08.070, 57.08.050, 70.44.140, and 91.08.530; reenacting and amending RCW 35.23.352; adding a new section to chapter 35.22 RCW; adding a new section to chapter 43.19 RCW; and providing an expiration date.

 

Referred to Committee on Government Operations.

 

SB 5758             by Senators Pelz, Hargrove and Long

 

AN ACT Relating to inmate work programs; and amending RCW 72.09.100.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 5759             by Senators Pelz, Smith, Prince, Rinehart, Winsley, Heavey, Quigley, Drew, Prentice, Finkbeiner, Fairley, Fraser, Spanel, C. Anderson, Kohl and Wojahn

 

AN ACT Relating to exceptional sentences; and amending RCW 9.94A.390.

 

Referred to Committee on Law and Justice.

 

SB 5760             by Senators Kohl, McAuliffe, Wood, Drew and Prince

 

AN ACT Relating to higher education tuition; and amending RCW 28B.15.556.

 

Referred to Committee on Higher Education.

 

SB 5761             by Senators Heavey, Newhouse, Spanel, Fraser, A. Anderson, Cantu and Wojahn

 

AN ACT Relating to registration of contractors; amending RCW 18.27.010, 18.27.020, 18.27.030, 18.27.040, 18.27.060, 18.27.090, 18.27.100, 18.27.104, 18.27.114, 18.27.117, 18.27.200, 18.27.230, 18.27.270, and 18.27.340; reenacting and amending RCW 51.12.020; adding a new section to chapter 18.27 RCW; repealing RCW 18.27.140; and prescribing penalties.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 5762             by Senators Winsley, Haugen and Fraser

 

AN ACT Relating to judicial determination of just compensation; and amending RCW 43.98A.090 and 84.34.220.

 

Referred to Committee on Government Operations.

 

SB 5763             by Senators Loveland, Strannigan, Rinehart, Winsley, Fraser and Haugen

 

AN ACT Relating to application of the real estate excise tax to sales to public entities; and amending RCW 82.45.010.

 

Referred to Committee on Ways and Means.

 

SB 5764             by Senator Cantu

 

AN ACT Relating to the redistricting commission; and amending RCW 44.05.100, 44.05.080, and 42.30.110.

 

Referred to Committee on Government Operations.

 

SB 5765             by Senators Heavey, Snyder, Smith, Finkbeiner and Schow

 

AN ACT Relating to delegation to local municipal jurisdictions of hydraulic project approval authority; and amending RCW 75.20.100.

 

Referred to Committee on Ecology and Parks.

 

SB 5766             by Senators Deccio, Wood, Hochstatter, Finkbeiner, Schow, Strannigan, McCaslin, West, Oke and Quigley

 

AN ACT Relating to applicants for aid to families with dependent children; add adding a new section to chapter 74.12 RCW.

 

Referred to Committee on Health and Long-Term Care.

 

SB 5767             by Senators Deccio and McCaslin

 

AN ACT Relating to municipal irrigation assessment districts; and amending RCW 35.92.220 and 35.92.230.

 

Referred to Committee on Government Operations.

 

SB 5768             by Senator Pelz (by request of Employment Security Department)

 

AN ACT Relating to deductions from unemployment benefits for unavailability; amending RCW 50.20.130; and creating a new section.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 5769             by Senator Deccio (by request of Employment Security Department)

 

AN ACT Relating to recovery of unemployment insurance overpayments; amending RCW 50.20.190; and creating a new section.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 5770             by Senators Pelz, Newhouse and Deccio (by request of Employment Security Department)

 

AN ACT Relating to unemployment insurance claimant profiling; amending RCW 50.20.010; and creating a new section.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 5771             by Senators Pelz, Newhouse and Deccio (by request of Employment Security Department)

 

AN ACT Relating to third party employers; adding a new section to chapter 50.04 RCW; and creating a new section.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 5772             by Senators Pelz, Newhouse and Deccio (by request of Employment Security Department

 

AN ACT Relating to disqualification from unemployment compensation; and amending RCW 50.20.065 and 50.20.160.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 5773             by Senators Pelz, Newhouse and Deccio (by request of Employment Security Department)

 

AN ACT Relating to charges against industrial insurance awards; and amending RCW 51.32.040.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 5774             by Senators Pelz, Newhouse and Deccio (by request of Employment Security Department)

 

AN ACT Relating to the authority of the employment security department to share data; amending RCW 50.13.080; creating new sections; prescribing penalties; providing an effective date; and declaring an emergency.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 5775             by Senator Fraser

 

AN ACT Relating to water resource management; amending RCW 90.03.015, 90.03.040, 90.03.290, 90.54.020, 90.03.380, 90.03.390, 90.44.070, and 90.14.140; adding new sections to chapter 90.03 RCW; and creating a new section.

 

Referred to Committee on Senate Select Committee on Water Policy.

 

SB 5776             by Senator Fraser

 

AN ACT Relating to the integration of water resources and growth management; amending RCW 36.70A.020, 36.70A.070, and 36.70A.210; and adding a new section to chapter 36.70A RCW.

 

Referred to Committee on Government Operations.

 

SB 5777             by Senators Sutherland, McDonald, Oke, Bauer, Rasmussen, Morton and West

 

AN ACT Relating to the authority of the state commission on fish and wildlife; amending RCW 75.08.012, 77.04.040, 77.04.055, 77.04.080, 75.08.011, 75.08.025, 75.08.055, 75.08.058, 75.08.070, 75.08.080, 75.08.090, 75.08.110, 75.08.120, 75.08.274, 75.08.285, 75.08.295, 75.08.460, 75.40.020, 75.40.040, 75.40.060, 75.08.014, 75.08.040, 75.08.045, 75.12.010, 75.12.015, 75.20.110, 75.24.030, 75.24.100, 75.24.130, 75.25.095, 75.30.060, 75.50.010, 75.50.020, 75.50.030, 75.50.040, 75.50.050, 75.50.070, 75.50.110, 75.50.130, 75.52.050, and 77.16.135; reenacting and amending RCW 43.17.020 and 75.50.100; creating new sections; and providing an effective date.

 

Referred to Committee on Natural Resources.

 

SB 5778             by Senators Heavey, Roach and Winsley

 

AN ACT Relating to the law enforcement officers' bill of rights; and adding a new chapter to Title 44 RCW.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 5779             by Senators Winsley, Franklin and Rasmussen

 

AN ACT Relating to special license plates; amending RCW 46.16.301 and 46.16.313; adding a new section to chapter 46.16 RCW; adding a new chapter to Title 16 RCW; creating new sections; and prescribing penalties.

 

Referred to Committee on Transportation.

 

SB 5780             by Senators Prentice, Deccio and C. Anderson

 

AN ACT Relating to the regulation of viatical settlements; adding a new section to chapter 42.17 RCW; adding a new chapter to Title 48 RCW; and prescribing penalties.

 

Referred to Committee on Financial Institutions and Housing.

 

SB 5781             by Senator Sellar

 

AN ACT Relating to the application of rules governing the training and qualifications of persons transporting students; and amending RCW 28A.160.210.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 5782             by Senators Sellar and Roach

 

AN ACT Relating to adoption; and amending RCW 26.33.343.

 

Referred to Committee on Human Services and Corrections.

 

SB 5783             by Senators Haugen, McCaslin, Long, Rasmussen and Winsley

 

AN ACT Relating to internal discrimination complaint procedures for state departments; reenacting and amending RCW 42.17.310; adding new sections to chapter 43.17 RCW; and creating a new section.

 

Referred to Committee on Government Operations.

 

SB 5784             by Senators Haugen and Winsley

 

AN ACT Relating to fire protection district benefit charges on public housing authority property; and amending RCW 35.82.210, 35.83.040, and 52.30.020.

 

Referred to Committee on Government Operations.

 

SB 5785             by Senators Roach, Snyder, Winsley, Rasmussen, Loveland, Oke, Drew, Schow, Franklin, Long, Strannigan, Wood, Palmer, Swecker, Hochstatter, Finkbeiner, Sellar, Hale, West, McDonald, Hargrove, Fairley, Heavey and Wojahn

 

AN ACT Relating to veterans' memorials; and adding a new section to chapter 73.40 RCW.

 

Referred to Committee on Government Operations.

 

SB 5786             by Senators Heavey and Prentice

 

AN ACT Relating to professional baseball; amending RCW 67.30.010; adding a new section to chapter 9.04 RCW; and prescribing penalties.

 

Referred to Committee on Labor, Commerce and Trade.

 

SJM 8015           by Senators Fraser, Swecker, Oke, McDonald, Wojahn, Deccio, McAuliffe, Hargrove, Rasmussen and Winsley

 

Requesting a variance in order to preserve man-made wetlands.

 

Referred to Committee on Ecology and Parks.


SECOND READING

GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Smith, Gubernatorial Appointment No. 9019, Julia L. Garratt, as a member of the Indeterminate Sentence Review Board, was confirmed.


APPOINTMENT OF JULIA L. GARRATT


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, C., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.

      Excused: Senators Anderson, A., Cantu, Fraser, Kohl, Roach and Schow - 6.


MOTION

 

      At 10:17 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 11:37 a.m. by President Pritchard.


SECOND READING


      SENATE BILL NO. 5322, by Senators Gaspard, Roach, McDonald, Rinehart, Heavey, Johnson, Franklin, Loveland, West and Winsley

 

Providing a death benefit award.


MOTIONS


      On motion of Senator Gaspard, Substitute Senate Bill No. 5322 was substituted for Senate Bill No. 5322 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Gaspard, the rules were suspended, Substitute Senate Bill No. 5322 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 Ann Anderson, Senator Moyer was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5322.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5322 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Newhouse, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.

      Voting nay: Senators Cantu, Hochstatter, Morton, Oke and Schow - 5.

      Excused: Senator Moyer - 1.

      SUBSTITUTE SENATE BILL NO. 5322, 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.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced firefighters, who were seated in the gallery.


MOTIONS


      On motion of Senator Spanel, the Committee on Labor, Commerce and Trade was relieved of further consideration of Senate Bill No. 5741.

      On motion of Senator Spanel, Senate Bill No. 5741 was referred to the Committee on Health and Long-Term Care.


MOTIONS


      On motion of Senator Spanel, the Committee on Ways and Means was relieved of further consideration of Senate Bill No. 5744.

      On motion of Senator Spanel, Senate Bill No. 5744 was referred to the Committee on Health and Long-Term Care.


MOTION


      At 12:07 p.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Tuesday, February 7, 1995.


JOEL PRITCHARD, President of the Senate


MARTY BROWN, Secretary of the Senate