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SIXTY-FOURTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, March 13, 1995
The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cal Anderson, Drew, Pelz, Rasmussen and Rinehart. On motion of Senator Loveland, Senators Drew, Pelz, Rasmussen and Rinehart were excused.
The Sergeant at Arms Color Guard, consisting of Pages Martin Osborne and Elizabeth Brummel, presented the Colors. Reverend Jim Bosman, pastor of Lopez Island Community Church, and a guest of Senator McDonald, 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
March 10, 1995
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1679,
SUBSTITUTE HOUSE BILL NO. 1911,
SECOND SUBSTITUTE HOUSE BILL NO. 2004,
SUBSTITUTE HOUSE BILL NO. 2042,
SUBSTITUTE HOUSE BILL NO. 2058,
SUBSTITUTE HOUSE BILL NO. 2060,
HOUSE BILL NO. 2070,
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4005,
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4012,
HOUSE JOINT MEMORIAL NO. 4013,
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4024,
HOUSE JOINT MEMORIAL NO. 4027,
HOUSE JOINT MEMORIAL NO. 4028,
HOUSE JOINT MEMORIAL NO. 4029, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
March 10, 1995
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1111,
SUBSTITUTE HOUSE BILL NO. 1152,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1156,
SECOND SUBSTITUTE HOUSE BILL NO. 1162,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1247,
HOUSE BILL NO. 1251,
SECOND SUBSTITUTE HOUSE BILL NO. 1286,
SUBSTITUTE HOUSE BILL NO. 1292,
SECOND SUBSTITUTE HOUSE BILL NO. 1313,
SUBSTITUTE HOUSE BILL NO. 1327,
SUBSTITUTE HOUSE BILL NO. 1342,
HOUSE BILL NO. 1359,
HOUSE BILL NO. 1370,
HOUSE BILL NO. 1373,
HOUSE BILL NO. 1374,
SUBSTITUTE HOUSE BILL NO. 1375,
SUBSTITUTE HOUSE BILL NO. 1399,
SECOND SUBSTITUTE HOUSE BILL NO. 1400,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1417,
SUBSTITUTE HOUSE BILL NO. 1418,
SUBSTITUTE HOUSE BILL NO. 1434,
SUBSTITUTE HOUSE BILL NO. 1453,
HOUSE BILL NO. 1460,
SUBSTITUTE HOUSE BILL NO. 1473,
SUBSTITUTE HOUSE BILL NO. 1508,
SUBSTITUTE HOUSE BILL NO. 1517,
SECOND SUBSTITUTE HOUSE BILL NO. 1539,
HOUSE BILL NO. 1545,
ENGROSSED HOUSE BILL NO. 1550,
ENGROSSED HOUSE BILL NO. 1876,
ENGROSSED HOUSE BILL NO. 2005, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 1111 by House Committee on Energy and Utilities (originally sponsored by Representatives Casada, Kessler, Chandler, Kremen, Horn, Patterson, Mielke, G. Fisher, Campbell, Mitchell, Grant, Huff and Basich)
Promoting competition for long distance telecommunications.
Referred to Committee on Energy, Telecommunications and Utilities.
SHB 1152 by House Committee on Law and Justice (originally sponsored by Representatives Pennington, Buck, Smith, Sherstad, Beeksma, Hargrove, Campbell, Chappell, Basich, Sheldon, Backlund, L. Thomas, Thompson, Foreman, Benton, McMorris, Robertson, Goldsmith, McMahan, Chandler, Clements, Mulliken, Johnson, D. Schmidt, B. Thomas, Delvin, Koster, Hymes, Skinner, Mielke and Padden)
Changing fees regarding concealed pistol licenses.
Referred to Committee on Law and Justice.
E2SHB 1156 by House Committee on Appropriations (originally sponsored by Representatives Dickerson, Brumsickle, Radcliff, Chopp, Mason, Cody, Hatfield, Poulsen, Veloria, Morris, Cole, Skinner, Tokuda, Costa, Elliot, Wolfe and Ogden)
Requiring the SPI to provide support to individuals and organizations for the establishment of nonprofit education foundations.
Referred to Committee on Education.
2SHB 1162 by House Committee on Appropriations (originally sponsored by Representatives Schoesler and Mastin) (by request of Department of Ecology and Department of Revenue)
Changing collection of hazardous waste fees.
Referred to Committee on Ecology and Parks.
ESHB 1247 by House Committee on Commerce and Labor (originally sponsored by Representatives L. Thomas, Lisk, G. Fisher, Robertson, Casada, Basich, Clements, Ebersole, Horn, Boldt, Mason, B. Thomas, Cairnes, Radcliff, Foreman, Cooke, Chandler, Mielke, Dyer, Mitchell, Schoesler, Skinner, Appelwick, Sheldon, Costa and Morris)
Promoting horse racing.
Referred to Committee on Labor, Commerce and Trade.
HB 1251 by Representatives Backlund, L. Thomas, Lisk, Mastin, McMorris, Sheldon, Basich, Hatfield, Fuhrman, Chandler, Elliot, Johnson, Hargrove, Clements, Hickel, Huff, Beeksma, Schoesler, Hymes, Boldt, Sheahan, Sherstad and Morris
Limiting standing to appeal actions under SEPA to those who are directly impacted.
Referred to Committee on Ecology and Parks.
2SHB 1286 by House Committee on Appropriations (originally sponsored by Representatives Buck, Pennington, Fuhrman, Pelesky, Johnson, McMorris, Sheldon, Cairnes, B. Thomas, Kessler, Stevens and Talcott)
Regulating forest practices.
Referred to Committee on Natural Resources.
SHB 1292 by House Committee on Education (originally sponsored by Representatives Pelesky, Carrell, McMahan, Huff, Campbell, L. Thomas, Smith, Crouse, Buck, Sherstad, Clements, Hymes, Thompson, Lambert, Mulliken, Padden, Radcliff, Johnson, Hickel, Mielke, Casada and Hargrove)
Authorizing permanent expulsion for disruptive students.
Referred to Committee on Education.
2SHB 1313 by House Committee on Capital Budget (originally sponsored by Representatives Buck, Pennington, Fuhrman, Benton, Foreman, Sheldon, Honeyford, Johnson, Thompson, Hatfield, Hargrove and Elliot)
Reviewing the management of certain state lands.
Referred to Committee on Ways and Means.
SHB 1327 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Kremen, Clements, McMorris, Mastin, Johnson, Chappell, Schoesler, Lisk, Cairnes, Boldt, L. Thomas, Thompson, Sheldon, Campbell, Mulliken and Mielke)
Reopening the water rights claim filing period.
Referred to Committee on Senate Select Committee on Water Policy.
SHB 1342 by House Committee on Appropriations (originally sponsored by Representatives Fuhrman, Buck, Sehlin, Romero, Ogden, Regala, Jacobsen and Basich) (by request of Parks and Recreation Commission)
Creating the parks renewal and stewardship account.
Referred to Committee on Ecology and Parks.
HB 1359 by Representatives Van Luven and G. Fisher (by request of Department of Revenue)
Affecting the administration and collection of the cigarette tax.
Referred to Committee on Ways and Means.
HB 1370 by Representatives L. Thomas, Jacobsen and Dyer (by request of Insurance Commissioner Senn)
Regulating the capital and surplus requirements of insurance companies.
Referred to Committee on Financial Institutions and Housing.
HB 1373 by Representatives L. Thomas, Wolfe, Kessler, Dyer and Jacobsen (by request of Insurance Commissioner Senn)
Amending licensing requirements of general agents.
Referred to Committee on Financial Institutions and Housing.
HB 1374 by Representatives L. Thomas, Wolfe, Kessler, Dyer and Jacobsen (by request of Insurance Commissioner Senn)
Regulating unearned premium, loss, and loss expense reserves.
Referred to Committee on Financial Institutions and Housing.
SHB 1375 by House Committee on Commerce and Labor (originally sponsored by Representatives Lisk, Chandler, Fuhrman, Goldsmith, Hargrove, Horn and Honeyford)
Cancelling industrial insurance benefits during confinement in an institution.
Referred to Committee on Labor, Commerce and Trade.
SHB 1399 by House Committee on Appropriations (originally sponsored by Representatives Silver, Johnson, D. Schmidt, Carrell, Thompson, Goldsmith, McMahan, Robertson, Hargrove, Hymes, Clements, Pennington, Crouse, Lambert, Elliot, Hankins, Hickel, Honeyford, Smith, Delvin, Foreman, Lisk, Schoesler, Mielke, Sheahan, Van Luven, Sheldon, Chandler, Casada, Mulliken, B. Thomas, Backlund, Talcott, Dyer, Cooke, L. Thomas, Mitchell, Huff, Boldt and McMorris)
Providing for a modified zero-based budget review.
Referred to Committee on Ways and Means.
2SHB 1400 by House Committee on Appropriations (originally sponsored by Representatives Silver, Mulliken, Blanton, B. Thomas, Huff, Mielke, Honeyford, Hargrove and Boldt)
Prohibiting the use of state funds or student operating fees for most remedial or precollege classes at institutions of higher education.
Referred to Committee on Higher Education.
E2SHB 1417 by House Committee on Appropriations (originally sponsored by Representatives Carrell, Wolfe, Ballasiotes, Morris, Hymes, Conway, Pennington, Cooke, Lambert, Smith, McMorris, Sherstad, Elliot, Mitchell, McMahan, Regala, Basich, B. Thomas, Padden, Ebersole, Robertson, Schoesler, Patterson, Campbell, Mulliken, Johnson, Talcott, Thompson, Scott, Huff, Boldt and Chopp)
Changing provisions relating to juveniles.
Referred to Committee on Human Services and Corrections.
SHB 1418 by House Committee on Health Care (originally sponsored by Representatives Mielke, Talcott, Huff, Hargrove, Hymes, Morris, Sehlin, Sheldon, Pelesky, K. Schmidt, Campbell, Johnson, Smith, Thompson and L. Thomas)
Transferring regulatory authority over on-site sewage disposal systems to local boards of health.
Referred to Committee on Ecology and Parks.
SHB 1434 by House Committee on Government Operations (originally sponsored by Representatives Hankins, Casada, Mastin, Honeyford, Radcliff, Dyer, Grant, Blanton, Brumsickle, Delvin, L. Thomas and Chandler)
Increasing the limit for public utility districts to use alternative bid procedures.
Referred to Committee on Government Operations.
SHB 1453 by House Committee on Appropriations (originally sponsored by Representatives Foreman, Ogden, Chappell, Costa, Dickerson, Schoesler, Stevens and Radcliff)
Providing for reserve officers' retirement.
Referred to Committee on Government Operations.
HB 1460 by Representatives Honeyford, Cairnes, Clements, L. Thomas, Reams, Mulliken, Horn, Basich, Hargrove, McMorris, D. Schmidt and Thompson
Increasing categorical exemptions from SEPA.
Referred to Committee on Ecology and Parks.
SHB 1473 by House Committee on Government Operations (originally sponsored by Representatives Quall, Goldsmith, Kremen and Hymes)
Sharing the county road levy with homeowners' associations under certain specified circumstances.
Referred to Committee on Government Operations.
SHB 1508 by House Committee on Commerce and Labor (originally sponsored by Representatives Goldsmith, Kremen, Cooke and Morris)
Creating new funds under the control of the department of labor and industries.
Referred to Committee on Labor, Commerce and Trade.
SHB 1517 by House Committee on Capital Budget (originally sponsored by Representatives L. Thomas, Rust, Horn, Sommers and Ballasiotes)
Revising guidelines for receipt and expenditure of federal and private funds by local governments.
Referred to Committee on Government Operations.
2SHB 1539 by House Committee on Appropriations (originally sponsored by Representatives Buck, Ebersole, Fuhrman, Wolfe, Chandler, Chappell, Kremen, Grant, Kessler, Basich, Hargrove, L. Thomas, G. Fisher, Johnson, Dyer, Elliot, Goldsmith, McMahan, Clements, Cooke, Brumsickle and Mastin)
Establishing a single-application process for watershed restoration projects.
Referred to Committee on Natural Resources.
HB 1545 by Representatives Mulliken, Boldt, Carrell, Chandler, McMorris, Koster, D. Schmidt, L. Thomas, Stevens, Beeksma, Pelesky, Campbell, Mastin, McMahan, Hargrove, Hymes, Van Luven, Schoesler and Clements
Providing a business and occupation tax exemption for sale of out-of-state motor vehicles.
Referred to Committee on Ways and Means.
EHB 1550 by Representatives Smith, Scott, Blanton, Benton, Campbell, Mielke, Huff, Lambert, Sheahan, Robertson, Carrell, McMahan, Padden, Delvin, Thompson and Kremen
Allowing warrantless arrest for criminal trespass.
Referred to Committee on Law and Justice.
ESHB 1679 by House Committee on Commerce and Labor (originally sponsored by Representatives Cole, Lisk, Horn, Cody, Romero, Ballasiotes, Conway, Jacobsen and Patterson)
Revising regulation of security guards and private investigators.
Referred to Committee on Labor, Commerce and Trade.
EHB 1876 by Representatives Dyer and Dellwo
Modifying provision of dental services by certified health plans.
Referred to Committee on Health and Long-Term Care.
SHB 1911 by House Committee on Commerce and Labor (originally sponsored by Representatives Lisk, Goldsmith, Hargrove and Cairnes)
Expanding authority for retrospective rating plans.
Referred to Committee on Labor, Commerce and Trade.
2SHB 2004 by House Committee on Appropriations (originally sponsored by Representatives Thompson, Fuhrman, Goldsmith, Buck, Elliot, Cairnes and Sheldon)
Taking emergency measures to protect the health of the Loomis state forest.
Referred to Committee on Natural Resources.
EHB 2005 by Representatives Dyer and Dellwo
Modifying certified health plan provision of vision benefits.
Referred to Committee on Health and Long-Term Care.
SHB 2042 by House Committee on Commerce and Labor (originally sponsored by Representatives Lisk, Horn, Sheldon, Mielke and L. Thomas)
Revising exemptions from overtime compensation requirements.
Referred to Committee on Labor, Commerce and Trade.
SHB 2058 by House Committee on Commerce and Labor (originally sponsored by Representative Robertson)
Defining employment.
Referred to Committee on Labor, Commerce and Trade.
SHB 2060 by House Committee on Appropriations (originally sponsored by Representative Foreman)
Redefining budget document.
Referred to Committee on Ways and Means.
HB 2070 by Representatives Beeksma, Talcott and Huff
Changing the name of the legislative budget committee.
Referred to Committee on Ways and Means.
SHJM 4005 by House Committee on Natural Resources (originally sponsored by Representatives Hargrove, Cairnes, Pelesky, Goldsmith, Buck, Johnson, Clements, Carrell, McMahan, Campbell, Koster, Padden, Huff, Backlund, Reams, Pennington, Stevens, Fuhrman, Silver, Crouse, Casada, Thompson and Sherstad)
Requesting federal assistance to obtain an equitable solution to the shellfish harvest issue in Washington State.
Referred to Committee on Natural Resources.
SHJM 4012 by House Committee on Energy and Utilities (originally sponsored by Representatives Stevens, Cairnes, Elliot, Thompson, Koster, Sheahan, D. Schmidt, Delvin, McMorris, Robertson and Mielke)
Requesting permission to use personal locator beacons.
Referred to Committee on Energy, Telecommunications and Utilities.
HJM 4013 by Representatives Thompson, Fuhrman, Horn, Cairnes, Goldsmith, Radcliff, Hargrove, Lisk, Koster, Beeksma, D. Schmidt, Blanton, Stevens, McMahan, Sheldon, Pennington, B. Thomas, Buck, Benton, Smith, Mulliken and Honeyford
Removing the spotted owl from endangered or threatened species lists.
Referred to Committee on Natural Resources.
SHJM 4024 by House Committee on Natural Resources (originally sponsored by Representatives Delvin, Chandler, Mastin, Blanton, Mielke, Schoesler, Honeyford, Hankins, Sheahan, Crouse, Clements, Grant, Foreman and Padden)
Requesting the incorporation of salmon restoration demonstration projects.
Referred to Committee on Natural Resources.
HJM 4027 by Representative Casada
Requesting that Congress transfer jurisdiction to regulate one-way video and audio communications to the states.
Referred to Committee on Energy, Telecommunications and Utilities.
HJM 4028 by Representatives K. Schmidt, R. Fisher, Hatfield, Cairnes, Hankins, Ogden, Johnson, D. Schmidt and Blanton
Urging passage of legislation authorizing the National Highway System.
Referred to Committee on Transportation.
HJM 4029 by Representatives K. Schmidt, R. Fisher, Hatfield, Cairnes, Hankins, D. Schmidt, Robertson, Brown, Ogden, Johnson, Elliot, Radcliff, Backlund, Benton, Sherstad and Blanton
Urging Congress to use transportation funds for transportation purposes.
Referred to Committee on Transportation.
MOTION TO LIMIT DEBATE
Senator Spanel: "Mr. President, I move that the members of the Senate be allowed to speak only once and be limited to three minutes on each motion or amendment, except that the mover of the motion shall be allowed to open and close debate, and also that members be prohibited from yielding their time. This motion shall be in effect through March 15, 1995."
The President declared the question before the Senate to be the motion by Senator Spanel to limit debate.
The motion by Senator Spanel carried and debate was limited to three minutes through March 15, 1995.
SECOND READING
GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Hale, Gubernatorial Appointment No. 9080, William Wiley, as a member of the Board of Regents for Washington State University, was confirmed.
Senators Hale and Loveland spoke to the confirmation of William Wiley as a member of the Board of Regents for Washington State University.
APPOINTMENT OF WILLIAM WILEY
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Absent: Senator Anderson, C. - 1.
Excused: Senators Drew, Pelz, Rasmussen and Rinehart - 4.
MOTION
On motion of Senator Loveland, Senator Cal Anderson was excused.
SECOND READING
SENATE BILL NO. 5660, by Senators Prentice, Hale, Snyder, Sellar, Fraser, Kohl and Winsley
Providing for heating oil liability protection.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5660 was substituted for Senate Bill No. 5660 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5660 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. 5660.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5660 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 45.
Voting nay: Senator Sutherland - 1.
Excused: Senators Anderson, C., Drew and Pelz - 3.
SUBSTITUTE SENATE BILL NO. 5660, 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. 5276, by Senators McAuliffe, Drew, Bauer, Hochstatter, Sutherland, Long, Pelz, Rasmussen, Haugen, Fairley, Winsley and Kohl
Changing references from "handicapped" to "with disabilities" in the common school education code.
The bill was read the second time.
MOTIONS
On motion of Senator McAuliffe, the following Committee on Education amendments were considered simultaneously and were adopted:
On page 4, line 31, after "((Handicapped))" strike "Education" and insert "Special education"
On page 9, line 30, after "and" strike all material through "disabilities" and insert "((handicapped student)) special education"
On page 10, line 9, after "and for" insert "special education"
On page 10, line 21, after "((handicapped))" insert "special education"
On page 10, line 24, after "((handicapped))" insert "special education"
On page 11, line 26, after "((handicapped))" insert "special education"
On page 12, beginning on line 13, after "for" strike "all ((handicapped))" and insert "((all handicapped)) eligible"
On page 14, on line 8, after "((handicapped))" insert "special education"
On page 15, on line 17, after "((handicapped))" insert "special education"
On page 27, line 16, after "for" insert "special education"
On motion of Senator McAuliffe, the rules were suspended, Engrossed Senate Bill No. 5276 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Loveland, Senator Sheldon was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5276.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5276 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Anderson, A., 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, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Absent: Senator Prince - 1.
Excused: Senators Anderson, C., Pelz and Sheldon - 3.
ENGROSSED SENATE BILL NO. 5276, 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. 5435, by Senators Prentice, Hale, Fraser, Franklin, C. Anderson and Kohl (by request of Insurance Commissioner Senn)
Restricting limitations in certain medicare policies.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5435 was substituted for Senate Bill No. 5435 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5435 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Ann Anderson, Senator Prince was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5435.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5435 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, A., 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, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Excused: Senators Anderson, C., Pelz, Prince and Sheldon - 4.
SUBSTITUTE SENATE BILL NO. 5435, 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. 5901, by Senators Spanel, Haugen and Rasmussen
Clarifying the authorized uses of the special excise tax on lodging.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5901 was substituted for Senate Bill No. 5901 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the following amendment by Senators Haugen, Winsley and Spanel was adopted:
On page 2, beginning on line 14, after "island," strike all material through "boardwalk" on line 18, and insert "a city bordering on the Skagit river with a population of not less than twenty thousand, or any city with a population of not less than ten thousand within a county made up entirely of islands may use the proceeds of such taxes for funding special events or festivals, or for the acquisition, construction, or operation of publicly owned tourist promotional infrastructures, structures, or buildings including but not limited to an ocean beach boardwalk, public docks, and viewing towers"
MOTIONS
On motion of Senator Ann Anderson, the following amendment by Senators Ann Anderson and Spanel was adopted:
On page 2, beginning on line 35, after "advertising" strike all material through "atmosphere" on line 36, and insert "and promotional materials intended to attract overnight visitors"
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5901 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5901.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5901 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, A., 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, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Smith, Snyder, Spanel, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 44.
Voting nay: Senator Sutherland - 1.
Excused: Senators Anderson, C., Pelz, Prince and Sheldon - 4.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5901, 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. 5472, by Senators Wojahn, Winsley, Haugen, Wood, Gaspard, Sheldon and Sutherland
Providing for utility liens.
MOTIONS
On motion of Senator Sutherland, Substitute Senate Bill No. 5472 was substituted for Senate Bill No. 5472 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Sutherland, the rules were suspended, Substitute Senate Bill No. 5472 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. 5472.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5472 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., 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, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Excused: Senators Anderson, C., Prince and Sheldon - 3.
SUBSTITUTE SENATE BILL NO. 5472, 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 JOINT MEMORIAL NO. 8015, by Senators Fraser, Swecker, Oke, McDonald, Wojahn, Deccio, McAuliffe, Hargrove, Rasmussen and Winsley
Requesting a variance in order to preserve man-made wetlands.
MOTIONS
On motion of Senator Fraser, Substitute Senate Joint Memorial No. 8015 was substituted for Senate Joint Memorial No. 8015 and the substitute joint memorial was placed on second reading and read the second time.
On motion of Senator Fraser, the rules were suspended, Substitute Senate Joint Memorial No. 8015 was advanced to third reading, the second reading considered the third and the joint memorial 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 Joint Memorial No. 8015.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Joint Memorial No. 8015 and the joint memorial passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., 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, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Excused: Senators Anderson, C. and Sheldon - 2.
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8015, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 5033, by Senators Rasmussen, Morton, Snyder, Loveland, Newhouse, A. Anderson and Hochstatter
Establishing a commission on pesticide registration.
MOTIONS
On motion of Senator Rasmussen, Second Substitute Senate Bill No. 5033 was substituted for Senate Bill No. 5033 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Rasmussen, the following amendments were considered simultaneously and were adopted:
On page 1, line 9, strike all material through "University" and insert "governor"
On page 1, line 13, strike "dean" and insert "governor"
On page 2, line 17, strike "dean" and insert "governor"
On page 2, line 19, strike "dean" and insert "governor"
On page 2, line 31, strike "dean" and insert "governor"
MOTIONS
On motion of Senator Rasmussen, the following amendment was adopted:
On page 2, line 22, after "term." insert "No member of the commission may be removed by the governor during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in office."
On motion of Senator Rasmussen, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5033 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 Second Substitute Senate Bill No. 5033.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5033 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators 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, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Voting nay: Senator Anderson, A. - 1.
Excused: Senators Anderson, C. and Sheldon - 2.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5033, 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. 5190, by Senators Roach, Pelz, Smith and Heavey
Making it a crime to tattoo a person under age sixteen without the parent's permission.
MOTIONS
On motion of Senator Roach, Substitute Senate Bill No. 5190 was substituted for Senate Bill No. 5190 and the substitute bill was placed on second reading and read the second time.
Senator Roach moved that the following amendment by Senators Roach and Smith be adopted:
On page 1, strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 26.28 RCW to read as follows:
Every person who applies a tattoo to any minor under the age of sixteen is guilty of a misdemeanor.
For the purposes of this section, "tattoo" includes any permanent marking or coloring of the skin with any pigment, ink, or dye, or any procedure that leaves a visible scar on the skin. Medical procedures performed by a licensed physician are exempted from this section."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Roach and Smith to Substitute Senate Bill No. 5190.
The motion by Senator Roach carried and the amendment was adopted.
MOTION
On motion of Senator West, the rules were suspended, Engrossed Substitute Senate Bill No. 5190 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. 5190.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5190 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, 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, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Voting nay: Senator Fairley - 1.
Excused: Senators Anderson, C. and Sheldon - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5190, 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 10:07 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 11:41 a.m. by President Pritchard.
SECOND READING
SENATE BILL NO. 5605, by Senators Owen, Bauer, Sheldon, Wood, McAuliffe, Prince, Heavey, Drew, Winsley, Palmer, Deccio, Oke, Prentice and Schow
Prohibiting drug and alcohol use in state-owned college and university residences.
MOTIONS
On motion of Senator Owen, Substitute Senate Bill No. 5605 was substituted for Senate Bill No. 5605 and the substitute bill was placed on second reading and read the second time.
Senator Owen moved that the following amendment by Senators Owen, Kohl, Bauer and Wood be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The state makes a substantial investment of finances and resources in students who are attending state institutions of higher education. In exchange, students are expected to actively pursue their education and contribute to an academic environment that is conducive to learning. Students who abuse liquor and drugs, however, are unable to make full use of this educational opportunity. More important, students who abuse liquor and drugs create an environment that interferes with the ability of other students to pursue their education. This is especially true in university-owned student housing where liquor and drug abuse contribute to noise, vandalism, theft, and violence. While the universities and colleges may not be able to stop all liquor and drug abuse among student populations, the very least they can do is ensure that the vast majority of students without drug or liquor problems are provided with a living environment that is safe and conducive to the pursuit of higher education.
NEW SECTION. Sec. 2. A new section is added to chapter 28B.10 RCW to read as follows:
(1) Each public institution of higher education shall notify all students applying for college or university-owned student housing of the availability of housing in an area in which all liquor use is prohibited.
(2) Each public institution of higher education, upon request, shall provide students access to student housing on a residence hall floor, designated area, or in a building where liquor use is prohibited.
(3) Each public institution shall have in place, and distribute to students in college or university-owned student housing, a process for reporting violations and complaints of liquor and illegal drug use.
(4) Each public institution shall have in place, distribute to students, and vigorously enforce policies and procedures for investigating complaints regarding liquor and illegal drug use in college or university-owned student housing, including the sanctions that may be applied for violations of the institution's liquor and illegal drug use policies.
(5) Students who violate the institution's liquor and illegal drug use policies are subject to disciplinary action. Sanctions that may be applied for violations of the institution's liquor or illegal drug use policies include warnings, restitution for property damage, probation, expulsion from college or university-owned housing, and suspension from the institution.
(6) As used in this section:
(a) "Liquor" has the meaning in RCW 66.04.010; and
(b) "Illegal drug use" refers to the unlawful use of controlled substances under chapter 69.50 RCW or legend drugs under chapter 69.41 RCW.
NEW SECTION. Sec. 3. By December 1, 1996, each institution of higher education that has state-owned college or university student housing shall report to the house of representatives and senate higher education committees of the legislature on the following:
(1) Policies governing liquor and illegal drug use and abuse in college and university-owned student housing;
(2) Aggregate information on reported violations and actions taken to address those violations;
(3) Efforts taken by institutions to prevent the use of, and educate students on the effect of, liquor and illegal drugs; and
(4) Copies of the drug free schools and community act biennial review required by the secretary of education, United States department of education."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Owen, Kohl, Bauer and Wood to Substitute Senate Bill No. 5605.
The motion by Senator Owen carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Owen, the following title amendment was adopted:
On page 1, line 2 of the title, after "residences;" strike the remainder of the title and insert "adding a new section to chapter 28B.10 RCW; creating new sections; and prescribing penalties."
On motion of Senator Owen, the rules were suspended, Engrossed Substitute Senate Bill No. 5605 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Loveland, Senator Fairley was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5605.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5605 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Voting nay: Senator Pelz - 1.
Excused: Senators Fairley and Sheldon - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5605, 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. 5231, by Senators Owen and Prince (by request of Department of Transportation)
Separating payment of transportation agency tort liabilities.
MOTIONS
On motion of Senator Owen, Substitute Senate Bill No. 5231 was substituted for Senate Bill No. 5231 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Owen, further consideration of Substitute Senate Bill No. 5231 was deferred.
SECOND READING
SENATE BILL NO. 5234, by Senators Smith, Long, Haugen and Kohl (by request of Department of Social and Health Services)
Modifying eligibility for juvenile offender basic training camp option.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 5234 was substituted for Senate Bill No. 5234 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5234 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. 5234.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5234 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, 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, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Excused: Senators Fairley and Sheldon - 2.
SUBSTITUTE SENATE BILL NO. 5234, 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 11:59 a.m., on motion of Senator Spanel, the Senate recessed until 1:00 p.m.
The Senate was called to order at 1:04 p.m. by President Pritchard.
STATEMENT FOR THE JOURNAL
On March 13, 1995, the gubernatorial appointment of Roger Yockey, GA 9082, was confirmed. I was absent at the time of the vote due to a meeting with my constituents.
Roger Yockey has a genuine interest and concern for the educational needs of the students in the North King, South Snohomish County areas. His appointment to the Board of Trustees of Cascadia Community College will bring a rich mixture of education related to the world of work, future careers, and provide the opportunity for professional growth that will benefit all students in our communities. I strongly support Roger Yockey's appointment.
SENATOR ROSEMARY McAULIFFE, District No. 1
SECOND READING
GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Bauer, Gubernatorial Appointment No. 9082, Roger Yockey, as a member of the Board of Trustees for Cascadia Community College District No. 30, was confirmed.
MOTIONS
On motion of Senator Wood, Senators McCaslin and Strannigan were excused.
On motion of Senator Loveland, Senator Rinehart was excused.
APPOINTMENT OF ROGER YOCKEY
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 6; Excused, 4.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McDonald, Morton, Newhouse, Oke, Palmer, Prentice, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 39.
Absent: Senators McAuliffe, Moyer, Owen, Pelz, Prince and Smith - 6.
Excused: Senators Fairley, McCaslin, Rinehart and Strannigan - 4.
SECOND READING
SENATE BILL NO. 5977, by Senators Loveland, Haugen, Long, Smith and Winsley
Revising administration of forensic investigations.
MOTIONS
On motion of Senator Loveland, Substitute Senate Bill No. 5977 was substituted for Senate Bill No. 5977 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Loveland, the rules were suspended, Substitute Senate Bill No. 5977 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTIONS
On motion of Senator Roach, Senator Wood was excused.
On motion of Senator Cal Anderson, Senators McAuliffe and Smith were excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5977.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5977 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
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, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wojahn - 44.
Excused: Senators McAuliffe, McCaslin, Rinehart, Smith and Wood - 5.
SUBSTITUTE SENATE BILL NO. 5977, 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. 5889, by Senators Fairley and Kohl
Enacting the frail elderly and vulnerable adult civil protection act.
MOTIONS
On motion of Senator Quigley, Substitute Senate Bill No. 5889 was substituted for Senate Bill No. 5889 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Quigley, the rules were suspended, Substitute Senate Bill No. 5889 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 Loveland, Senator Pelz was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5889.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5889 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
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, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 44.
Absent: Senator Wojahn - 1.
Excused: Senators McAuliffe, McCaslin, Pelz and Rinehart - 4.
SUBSTITUTE SENATE BILL NO. 5889, 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. 5208, by Senators Haugen and Winsley
Allowing premiums, charges, and costs of title insurance and searches regarding foreclosure of liens for charges by sewer and water districts.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5208 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. 5208.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5208 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
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, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Excused: Senators McAuliffe, McCaslin and Rinehart - 3.
SENATE BILL NO. 5208, 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. 5256, by Senator Owen
Revising the list of programs to be reviewed by community networks for possible decategorization.
The bill was read the second time.
MOTION
On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 5256 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. 5256.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5256 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator McCaslin - 1.
SENATE BILL NO. 5256, 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 eighth order of business.
MOTION
On motion of Senator Haugen, the following resolution was adopted:
SENATE RESOLUTION 1995-8624
By Senator Haugen
WHEREAS, Wesley Lupien is almost single-handedly responsible for founding and developing the Oak Harbor Air Park; and
WHEREAS, In 1964, Wesley Lupien purchased a small, gravel runway just outside Oak Harbor and founded Whidbey Flying Service, Whidbey Island's first commuter airline; and
WHEREAS, Wesley Lupien and several other fixed-base operators then began Puget Sound Airlines; and
WHEREAS, Following the demise of Puget Sound Airlines, Wesley Lupien went on to found Oak Harbor Airlines, which now operates as Harbor Airlines; and
WHEREAS, Harbor Airlines provides Whidbey Island's main link to Seattle-Tacoma International Airport, with daily flights; and
WHEREAS, Thanks to the sound, financial groundwork laid the Wesley Lupien, Harbor Airlines recently added daily flights to Olympia; and
WHEREAS, In addition to Wesley Lupien's many business contributions to Oak Harbor, he also is a past president of Rotary, attended Navy League and the Chamber of Commerce; and
WHEREAS, Wesley Lupien's brave struggle with Alzheimer's disease has been the subject of KOMO-TV's Town Meeting and an HBO special, "Losing It All"; and
WHEREAS, In recognition of Wesley Lupien's tireless dedication to establishing and promoting air service for Whidbey Island, the Oak Harbor Air Park will be renamed the Wes Lupien Airport on June 3, 1995;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honors and applauds the pioneering courage and entrepreneurial spirit of Wesley Lupien; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Wesley Lupien.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Wesley Lupien and his family who were seated in the gallery.
MOTION
On motion of Senator Spanel, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 5400, by Senators Smith, Cal Anderson, Haugen and Winsley (by request of Department of Labor and Industries)
Providing for reimbursements to the department of labor and industries related to crime victim compensation.
MOTIONS
On motion of Senator Smith, Substitute Senate Bill No. 5400 was substituted for Senate Bill No. 5400 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5400 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Loveland, Senator Cal Anderson was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5400.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5400 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.
Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, 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 - 46.
Absent: Senators Anderson, A. and Long - 2.
Excused: Senator Anderson, C. - 1.
SUBSTITUTE SENATE BILL NO. 5400, 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. 5402, by Senators Pelz and Franklin (by request of Department of Labor and Industries)
Revising provisions related to industrial insurance penalties.
MOTIONS
On motion of Senator Pelz, Substitute Senate Bill No. 5402 was substituted for Senate Bill No. 5402 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Pelz, the rules were suspended, Substitute Senate Bill No. 5402 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. 5402.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5402 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., 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, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Voting nay: Senator McCaslin - 1.
Excused: Senator Anderson, C. - 1.
SUBSTITUTE SENATE BILL NO. 5402, 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. 5303, by Senators Heavey, Quigley, Winsley, Deccio, Hochstatter and Oke
Restricting public and municipal officers and public employees' use of first class airplane accommodations and luxury hotels if traveling on public business.
MOTIONS
On motion of Senator Heavey, Substitute Senate Bill No. 5303 was substituted for Senate Bill No. 5303 and the substitute bill was placed on second reading and read the second time.
Senator Heavey moved that the following amendments by Senators Heavey and Fraser be considered simultaneously and be adopted:
On page 1, at the beginning of line 12, insert "(1)"
On page 2, after line 2, insert the following:
"(2) Any state or local government officer, whether elected or appointed, and any state or local government employee who accrues benefits provided by an air carrier as a result of travel at public expense shall not retain such benefits for his or her personal use. Any accrued benefits may be (a) credited to the account of the officer's or employee's public employer, if a procedure for transfer of benefits has been established; or (b) used by the officer or employee to defray the cost of future official travel that would otherwise be paid for by the public employer."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Heavey and Fraser on page 1, line 12, and page 2, after line 2, to Substitute Senate Bill No. 5303.
The motion by Senator Heavey failed and the amendments were not adopted.
MOTION
Senator Fraser moved that the following amendments by Senators Fraser, Heavey, Haugen and Winsley be considered simultaneously and be adopted:
On page 1, line 17, after "fare" strike "available" and insert "routinely available through a licensed travel agency"
On page 2, line 6, after "chapter." insert "The penalty for violation of section 2 of this act shall be a fine, payable to the general fund of the state, equal to three times the amount that was overpaid for travel."
On page 2, beginning on line 7, strike all of section 4 and insert the following:
"NEW SECTION. Sec. 4. A new section is added to chapter 42.23 RCW to read as follows:
Any officer or local government employee violating section 2 of this act shall be liable to the municipality of which he or she is an officer for a penalty equal to three times the amount that was overpaid for travel.
"Debate ensued.
POINT OF ORDER
Senator Ann Anderson: "Mr. President, a point of order. Are we taking only page 1, line 17, or did Senator Fraser move all of these amendments as one?"
REPLY BY THE PRESIDENT
President Pritchard: "Well, she asked that we take them as one, pages 1 and 2. I think we better back up and before you say it I think we should agree to go back and take these one at a time, because they are separate items, if that is all right with you, Senator Fraser. What we are dealing with right now is the amendment on page 1, line 17."
Senator Ann Anderson: "Thank you, Mr. President, for that clarification. In that case, would Senator Fraser yield to a question?"
POINT OF INQUIRY
Senator Ann Anderson: "Senator Fraser, by this amendment then, if a legislator books a flight on the spur of the moment to attend a meeting that perhaps was just called--and I am thinking in terms of an F & O meeting or something in leadership--and you book it yourself, rather than going through a licensed travel agent. Then, if that licensed travel agent could have gotten you a lower fare, but you book it because you don't have time to call and find out, then, are you penalized to the other provisions of this bill?"
Senator Fraser: "I thank you have raised a good technical question which would be worth trying to find some detailed language to clarify, but I do think that the wording of this amendment would be much more--the purpose of the amendment is to set a standard for what amount you pay. There probably could be some work on what that standard is. I developed this quickly. Right now, in the bill, if we do not pass my amendment, it says, 'Least expensive fare available.' If you call your travel agent and you get the routine fare--what ever that price is--that would be the general standard. If you happen to miss the fact that there is a special in the newspaper that day or the day before, you would be in violation of this law and would have to forfeit your office."
Further debate ensued.
The President declared the question before the Senate to be the adoption of the first amendment by Senators Fraser, Heavey, Haugen and Winsley on page 1, line 17, to Substitute Senate Bill No. 5303.
The motion by Senator Fraser carried and the amendment on page 1, line 17, was adopted on a rising vote.
MOTION
Senator Fraser moved that the second amendments on page 2, lines 6 and beginning on line 7, by Senators Fraser, Heavey, Haugen and Winsley be considered simultaneously and be adopted.
POINT OF INQUIRY
Senator Ann Anderson: "Senator Fraser, as I am reading the context of this bill, it is not clear to me, by your amendments, the penalty for violation of this section now that we have inserted 'routinely available through a licensed travel agency.' Who is liable? The travel agent books and you assume it is the lowest fare and you take that flight and find out later it is not, then, you are liable or the travel agent is liable for the travel damages in here?"
Senator Fraser: "The penalties apply to the party that took the flight and occurred the over-expenditure. In terms of the other amendment that was adopted, the idea is to come up with a reasonable price to use as a standard. It seemed a reasonable standard to use if fares that are available through a third party force that normally sells them. It doesn't say you have to buy a ticket through a travel agency in the prior amendment. The prior amendment is just a way to come up with a standard to judge whether you paid too much or not. On this one, the penalty would go on the employee or official."
POINT OF INQUIRY
Senator Wojahn: "Senator Fraser, is 'reasonable' defined in the codes anywhere--the word or term 'reasonable?'"
Senator Fraser: "As a general question?"
Senator Wojahn: "Yes."
Senator Fraser: "Sometimes it is and sometimes it is left to the courts."
Senator Wojahn: "So, this could be left to the courts? In other words, it might be or may be defined in the codes, but you don't know?"
POINT OF INQUIRY
Senator Newhouse: "Senator Fraser, this bill would appear to apply to all state employees. If the Governor takes a state plane at higher cost, is he then liable?"
Senator Fraser: "This bill, as I understand it and this is not my bill, but, as I understand it, it applies to all state and local officials and employees and that would apply to the Governor as well. Maybe you should ask the prime sponsor of the bill."
REPLY BY SENATOR HEAVEY
Senator Heavey: "Senator Newhouse, the bill says when the public expense shall minimize travel expenses when travel by commercial air carrier is required. Obviously, when the Governor is taking a plane or any of us is taking a plane somewhere else, the commercial air carrier isn't required. This is for the person who is not taking it and is going by commercial air carrier."
The President declared the question before the Senate to be the adoption of the second amendments by Senators Fraser, Heavey, Haugen and Winsley on page 2, lines 6 and beginning on line 7, to Substitute Senate Bill No. 5303.
The motion by Senator Fraser carried and the amendments on page 2, line 6 and beginning on line 7, were adopted on a rising vote.
MOTION
Senator Fraser moved that the following amendment by Senators Fraser, Heavey Haugen and Winsley be adopted:
On page 2, line 2, after "disabilities" insert "or unless any additional cost is paid personally by the traveler"
POINT OF INQUIRY
Senator McCaslin: "Senator Fraser, now is this just for people with disabilities or, you know, the effect of the amendment will permit public officers or employees to travel, but it doesn't say public officers or employees with disabilities. I'm assuming that where it is in the bill, after 'disabilities,' am I correct that this is just for--because you see if it isn't, if it is just for people who do not have disabilities, they may not know the lowest fare."
Senator Fraser did not yield to the question.
Senator McCaslin: "Senator Heavey, could you yield to that question?"
Senator Heavey: "Would you please repeat the question?"
Senator McCaslin: "My question is, if you are not disabled, does this apply or does this just apply to people with disabilities?"
Senator Heavey: "The underlining bill or the amendment?"
Senator McCaslin: "No, this amendment. We finally caught up to the amendment."
Senator Heavey: "The amendment applies to whether you are disabled or whether you are not disabled."
Senator McCaslin: "Okay, how do you determine the lowest fare? Sometimes we have meetings that you have to get to in a couple of days and we don't always have the best knowledge or advise of the best fare."
Senator Heavey: "Senator, with all due respect, you've got to read the bill."
Senator McCaslin: "I just read the bill; it is only a page and a half. I can manage that from the fourth district, Senator. Are you impugning my motives or just my reading ability or both?"
Senator Heavey: "No comment."
Senator McCaslin: "Thank you."
Senator Heavey: "It says 'that by traveling by the least expensive fare available for the most direct and timely routing,' which answers Senator Wojahn's complaint--'timely routing on the carrier selected.' Then we added the language and the amendment was already adopted, 'routinely available through a licensed travel agency.' It is very reasonable. If you get an emergency and you have to be over somewhere and you call up, I'm sure that is going to be the same fare that the travel agency would give you."
Senator McCaslin: "If you go directly to the airlines, that is okay?"
Senator Heavey: "I think so."
Senator McCaslin: "If I don't go through a travel agent?"
Senator Heavey: "Yes."
Senator McCaslin: "Thank you."
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Fraser, Heavey, Haugen and Winsley on page 2, line 2, to Substitute Senate Bill No. 5303.
The motion by Senator Fraser carried and the amendment on page 2, line 2, was adopted on a rising vote.
MOTIONS
On motion of Senator Drew, the following amendment was adopted:
On page 2, line 5, after "act" insert "by a state officer or employee"
On motion of Senator Fraser, the following title amendments were considered simultaneously and were adopted:
On page 1, line 2 of the title, after "employees;" strike "amending RCW 42.23.050;"
On page 1, line 3 of the title, after "42.52 RCW;" insert "adding a new section to chapter 42.23 RCW;"
MOTION
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5303 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Deccio: "Senator Fraser, is your New Section 4 in the bill now, which would not place an office holder in jeopardy of losing his position if he violated the statute?"
Senator Fraser: "Yes, that is correct. There has been a lot of discussion here, but yes that section that I proposed to be changed to forfeiture of office to a monetary penalty was approved by the body."
Senator Deccio: "Thank you, Senator Fraser."
Further debate ensued.
POINT OF INQUIRY
Senator Morton: "Senator Heavey, I am looking at the bill on page 1, line 16, really it starts on line 15, and it says, 'Public expense shall be minimized travel expenses when travel by commercial air carrier is required.' It says, 'when travel by commercial air carrier is required.' I've never known of an instance where employees of the state were required to go by air. Would you respond to that inquiry, please?"
Senator Heavey: "Well, I would think that if you were asked to go on government business to go to Hawaii that you probably wouldn't swim or take a boat and I imagine if you were asked to go to D.C., you would probably take an airplane and it would be required. If you had plenty of warning and you personally felt you wanted to drive from your district to Seattle or wherever you might be going, it is up to you. It is not required. I mean you could nitpick any bill like this and question every word and every intent. The language is pretty simple; it has been worked with the cities and it has been worked with other people and I think it is a very workable bill."
MOTION
On motion of Senator Loveland, Senator Rinehart was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5303.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5303 and the bill failed to pass the Senate by the following vote: Yeas, 17; Nays, 30; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Cantu, Finkbeiner, Fraser, Gaspard, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Quigley, Smith, Spanel, Sutherland, Swecker and Winsley - 17.
Voting nay: Senators Anderson, A., Deccio, Drew, Fairley, Franklin, Hale, Hargrove, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Strannigan, West, Wojahn and Wood - 30.
Excused: Senators Anderson, C. and Rinehart - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5303, having failed to receive the constitutional majority, was declared lost.
SECOND READING
SENATE JOINT MEMORIAL NO. 8004, by Senator Heavey
Requesting Congress to direct rejection of Puyallup tribe gaming requests without tribal-state compacts.
The joint memorial was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, Senate Joint Memorial No. 8004 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
MOTION
On motion of Senator Kohl, Senator Loveland was excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8004.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8004 and the joint memorial passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, McAuliffe, McCaslin, McDonald, 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 - 43.
Voting nay: Senators Fairley, Fraser, Kohl and Morton - 4.
Excused: Senators Anderson, C. and Loveland - 2.
SENATE JOINT MEMORIAL NO. 8004, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 5359, by Senators Sheldon, Cantu, Rasmussen, Winsley and A. Anderson
Creating a self-employment income support program.
MOTIONS
On motion of Senator Pelz, Substitute Senate Bill No. 5359 was substituted for Senate Bill No. 5359 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Pelz, the rules were suspended, Substitute Senate Bill No. 5359 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Ann Anderson, Senator Strannigan was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5359.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5359 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Excused: Senators Anderson, C., Loveland and Strannigan - 3.
SUBSTITUTE SENATE BILL NO. 5359, 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. 5399, by Senators Pelz and Franklin (by request of Department of Labor and Industries)
Refining industrial insurance actions.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the rules were suspended, Senate Bill No. 5399 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Deccio: "Senator Pelz, would you explain why the consortium element is exempt from lawsuits in this bill?"
Senator Pelz: "I will, sir. This could be brutally dull."
Senator Deccio: "Maybe."
Senator Pelz: "Currently, when a worker is injured and they receive a payment from L & I--a successful claim--the claim often times includes a payment for loss of consortium. Now, this claim accrues to the spouse of the injured worker. When an injured worker is successful--receives a successful claim--but is pursing a third party damages and if they succeed in those third party damages, the L & I claim can be deducted. In other words, L & I gets their money back. The court ruled, however, the L & I did not have a right to loss of consortium, because that was a benefit that did not accrue to the injured worker, but rather to the spouse of the injured worker. What this bill is doing is making clear that those payments which are recouped to L & I will not include the loss of consortium in the event that the worker wins a third party lawsuit, so I am not sure this is a very common occurrence."
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5399.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5399 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, C., Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland and Wojahn - 25.
Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Roach, Schow, Sellar, Swecker, West, Winsley and Wood - 23.
Excused: Senator Strannigan - 1.
SENATE BILL NO. 5399, 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. 5164, by Senator Smith
Allowing a conformed copy of certain orders to be served.
MOTIONS
On motion of Senator Smith, Substitute Senate Bill No. 5164 was substituted for Senate Bill No. 5164 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5164 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. 5164.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5164 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Strannigan - 1.
SUBSTITUTE SENATE BILL NO. 5164, 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. 5159, by Senators Owen, Oke, Haugen and Hochstatter
Creating the warm water game fish enhancement program.
MOTIONS
On motion of Senator Owen, Second Substitute Senate Bill No. 5159 was substituted for Senate Bill No. 5159 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Owen, the rules were suspended, Second Substitute Senate Bill No. 5159 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. 5159.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5159 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
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, Swecker, West, Winsley, Wojahn and Wood - 47.
Voting nay: Senator Sutherland - 1.
Excused: Senator Strannigan - 1.
SECOND SUBSTITUTE SENATE BILL NO. 5159, 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. 5546, by Senator Snyder
Revising the affidavits required for marriage licenses.
The bill was read the second time.
MOTIONS
On motion of Senator Snyder, the following amendments were considered simultaneously and were adopted:
On page 1, line 6, before "The" insert "(1)"
On page 2, after line 3, insert the following:
"(2) The affidavit form shall be designed to require a statement that no contagious sexually transmitted disease is present or that the condition is known to both applicants, without requiring the applicants to state whether or not either or both of them are afflicted by such disease."
MOTION
On motion of Senator Smith, the rules were suspended, Engrossed Senate Bill No. 5546 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. 5546.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5546 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Strannigan - 1.
ENGROSSED SENATE BILL NO. 5546, 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. 5545, by Senator Sheldon, Cantu, Rasmussen and Kohl
Allowing businesses in this state to participate in the small business innovation research program.
MOTIONS
On motion of Senator Pelz, Substitute Senate Bill No. 5545 was substituted for Senate Bill No. 5545 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Pelz, the rules were suspended, Substitute Senate Bill No. 5545 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. 5545.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5545 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Strannigan - 1.
SUBSTITUTE SENATE BILL NO. 5545, 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. 5477, by Senators Spanel, Smith, Haugen, Winsley and Franklin
Providing a family health history for children upon the dissolution of a marriage.
MOTIONS
On motion of Senator Spanel, Substitute Senate Bill No. 5477 was substituted for Senate Bill No. 5477 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Spanel, the rules were suspended, Substitute Senate Bill No. 5477 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. 5477.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5477 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 7; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 41.
Voting nay: Senators Cantu, Hochstatter, Johnson, McCaslin, Oke, Roach and Schow - 7.
Excused: Senator Strannigan - 1.
SUBSTITUTE SENATE BILL NO. 5477, 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. 5474, by Senators Fraser and Hargrove
Restoring service credit.
The bill was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, Senate Bill No. 5474 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. 5474.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5474 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, 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, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Absent: Senator Hargrove - 1.
Excused: Senator Strannigan - 1.
SENATE BILL NO. 5474, 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. 5854, by Senators Haugen, Spanel, Wood, Prentice, Winsley, Rasmussen, Hale, Kohl, McCaslin, Fairley, Long, Loveland, Franklin,. Roach, Moyer, Quigley, McAuliffe, Drew and Wojahn
Requiring that health plans must allow a women a choice of primary care providers.
MOTIONS
On motion of Senator Fairley, Substitute Senate Bill No. 5854 was substituted for Senate Bill No. 5854 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fairley, the rules were suspended, Substitute Senate Bill No. 5854 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. 5854.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5854 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Strannigan - 1.
SUBSTITUTE SENATE BILL NO. 5854, 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. 5858, by Senators Prentice, Heavey, Franklin, Wojahn, Fairley, Snyder and McAuliffe
Providing for prompt payment of industrial insurance awards.
MOTIONS
On motion of Senator Pelz, Substitute Senate Bill No. 5858 was substituted for Senate Bill No. 5858 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Pelz, the rules were suspended, Substitute Senate Bill No. 5858 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. 5858.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5858 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.
SUBSTITUTE SENATE BILL NO. 5858, 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. 5262, by Senators Haugen, Winsley, Drew, Sheldon, Heavey, McCaslin, Rasmussen, Wood, Franklin, Loveland, McAuliffe, Oke, Gaspard, Deccio, Bauer, Moyer, Owen, Palmer and Hochstatter
Creating an ombudsman office for private property rights.
MOTIONS
On motion of Senator Haugen, Second Substitute Senate Bill No. 5262 was substituted for Senate Bill No. 5262 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the following amendments by Senators Hargrove, Owen, Ann Anderson and McCaslin were considered simultaneously and were adopted:
On page 1, beginning on line 15, after "property" strike "is or will be" and insert "may have been or may be"
On page 1, line 16, after "property" strike "is" and insert "may be"
MOTION
Senator Hargrove moved that the following amendment by Senators Hargrove, Owen, Ann Anderson and McCaslin be adopted:
On page 4, after line 9, insert the following:
"NEW SECTION. Sec. 5. The failure to reach a settlement after negotiation under this chapter constitutes exhaustion of all administrative remedies available to the complainant. Any applicable statute of limitations shall be tolled during the period between the filing of a complaint and the advisement that further settlement negotiations would be fruitless."
Renumber remaining sections consecutively and correct internal references accordingly.
POINT OF ORDER
Senator Haugen: "I ask for a rule on the scope and object of this amendment. This bill deals with information and advice to citizens. The proposed amendment does not relate to the creation of an office of an ombudsman. The bill itself makes no substantial changes to existing law. This proposed amendment would make major changes to existing law, which are better left to the debate when the regulatory reform bill is under consideration by this body."
Further debate ensued.
There being no objection, the President deferred further consideration of Second Substitute Senate Bill No. 5262.
SECOND READING
SENATE BILL NO. 5502, by Senators Rinehart, Owen, Prince and Fairley
Requiring safety equipment on certain service and delivery vehicles.
MOTIONS
On motion of Senator Owen, Substitute Senate Bill No. 5502 was substituted for Senate Bill No. 5502 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Owen, the following amendment by Senators Rinehart, Owen and Prince was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 46.37 RCW to read as follows:
The department of licensing, traffic safety commission, Washington state patrol and other organizations, as determined by the senate standing committee on transportation, are directed to publish and disseminate information on the enhanced safety that may be provided through the use of an additional mirror on small trucks and vans used in the service or delivery of goods and services. The additional mirror is a safety tool mounted on the driver's top rear side of the vehicle that reflects a view of the back of the vehicle."
MOTIONS
On motion of Senator Owen, the following title amendment was adopted:
On page 1, line 1 of the title, after "vehicles;" strike "amending RCW 46.37.400;"
On motion of Senator Owen, the rules were suspended, Engrossed Substitute Senate Bill No. 5502 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. 5502.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5502 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.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5502, 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. 5258, by Senators Hargrove, Long, Franklin and McAuliffe
Making technical revisions to community public health and safety networks.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 5258 was substituted for Senate Bill No. 5258 and the substitute bill was placed on second reading and read the second time.
Senator Pelz moved that the following amendment be adopted:
On page 6, after line 36, insert the following:
"Sec. 6. RCW 70.190.080 and 1994 sp.s. c 7 s 305 are each amended to read as follows:
(1) The community network's plan may include a program to provide postsecondary scholarships to at-risk students who: (a) Are community role models under criteria established by the community network; (b) successfully complete high school; and (c) maintain at least a 2.5 grade point average throughout high school. Funding for the scholarships may include public and private sources.
(2) The community network's plan may also include funding of community-based home visitor programs which are designed to reduce the incidence of child abuse and neglect ((with [within])) within the network. Parents shall sign a voluntary authorization for services, which may be withdrawn at any time. The program may provide parents with education and support either in parents' homes or in other locations comfortable for parents, beginning with the birth of their first baby. The program may make the following services available to the families:
(a) Visits for all expectant or new parents, either at the parent's home or another location with which the parent is comfortable;
(b) Screening before or soon after the birth of a child to assess the family's strengths and goals and define areas of concern in consultation with the family;
(c) Parenting education and skills development;
(d) Parenting and family support information and referral;
(e) Parent support groups; and
(f) Service coordination for individual families, and assistance with accessing services, provided in a manner that ensures that individual families have only one individual or agency to which they look for service coordination. Where appropriate for a family, service coordination may be conducted through interdisciplinary or interagency teams.
These programs are intended to be voluntary for the parents involved.
(3) ((The community network may include funding of)) In developing long-term comprehensive plans to reduce the rate of at-risk children and youth, the community networks shall consider increasing employment and job training opportunities in recognition that they constitute an effective network strategy and strong protective factor. The networks shall consider and may include funding of:
(a) At-risk youth job placement and training programs. The programs shall:
(i) Identify and recruit at-risk youth for local job opportunities;
(ii) Provide skills and needs assessments for each youth recruited;
(iii) Provide career and occupational counseling to each youth recruited;
(iv) Identify businesses willing to provide employment and training opportunities for at-risk youth;
(v) Match each youth recruited with a business that meets his or her skills and training needs;
(vi) Provide employment and training opportunities that prepare the individual for demand occupations; and
(vii) Include, to the extent possible, collaboration of business, labor, education and training, community organizations, and local government;
(b) Employment assistance, including job development, school-to-work placement, employment readiness training, basic skills, apprenticeships, job mentoring, and private sector and community service employment;
(c) Education assistance, including tutoring, mentoring, interactions with role models, entrepreneurial education and projects, violence prevention training, safe school strategies, and employment reentry assistance services;
(((d))) (4) The community network may include funding of:
(a) Peer-to-peer, group, and individual counseling, including crisis intervention, for at-risk youth and their parents;
(((e))) (b) Youth coalitions that provide opportunities to develop leadership skills and gain appropriate respect, recognition, and rewards for their positive contribution to their community;
(((f))) (c) Technical assistance to applicants to increase their organizational capacity and to improve the likelihood of a successful application; and
(((g))) (d) Technical assistance and training resources to successful applicants."
Renumber the remaining sections consecutively and correct any internal references accordingly.
POINT OF ORDER
Senator Hargrove: "I would like to ask for a scope and object ruling on this amendment. Substitute Senate Bill No. 5258 is an act which relates strictly to making clarifying and technical and administrative revisions to the existing public health and safety networks in the Family Policy Council. The intent section makes that absolutely clear. The current bill does not expand the duties for the networks under existing law. The amendment by Senator Pelz is a new duty imposed upon the network; it also makes a legislative declaration that constitutes protective factors and effective network strategy. This is not a technical change and I would ask that you find it out of scope and object."
Further debate ensued.
There being no objection, the President deferred further consideration of Substitute Senate Bill No. 5258.
SECOND READING
SENATE BILL NO. 5500, by Senators Smith, Long and Gaspard (by request of Attorney General Gregoire)
Clarifying the method of execution to be used in Washington state.
The bill was read the second time.
MOTION
On motion of Senator Smith, the rules were suspended, Senate Bill No. 5500 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 Loveland, Senator Rinehart was excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5500.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5500 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., 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, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 45.
Voting nay: Senators Anderson, C., Prentice and Wojahn - 3.
Excused: Senator Rinehart - 1.
SENATE BILL NO. 5500, 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. 5331, by Senators Franklin, Moyer, Fairley, Winsley, Wojahn, C. Anderson, Kohl and Fraser
Enhancing bicycle safety.
MOTIONS
On motion of Senator Franklin, Substitute Senate Bill No. 5331 was substituted for Senate Bill No. 5331 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Franklin, the rules were suspended, Substitute Senate Bill No. 5331 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. 5331.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5331 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Deccio, Fairley, Franklin, Fraser, Gaspard, Heavey, Johnson, Kohl, McDonald, Moyer, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rinehart, Sheldon, Smith, Snyder, Spanel, Swecker, West, Winsley, Wojahn and Wood - 29.
Voting nay: Senators Cantu, Drew, Finkbeiner, Hale, Hargrove, Haugen, Hochstatter, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Pelz, Rasmussen, Roach, Schow, Sellar, Strannigan and Sutherland - 20.
SUBSTITUTE SENATE BILL NO. 5331, 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 4:10 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 4:49 p.m. by President Pritchard.
SECOND READING
SENATE BILL NO. 5201, by Senators Bauer, Cantu, McAuliffe, Haugen, Winsley, Snyder, Loveland, Sheldon, Fairley, West, Long, Palmer, Schow, Moyer, Sellar, Rasmussen, Deccio, Heavey, Quigley, C. Anderson, Oke, Roach and Hale (by request of Governor Lowry)
Providing tax exemptions for manufacturing and processing.
MOTIONS
On motion of Senator Rinehart, Substitute Senate Bill No. 5201 was substituted for Senate Bill No. 5201 and the substitute bill was placed on second reading and read the second time.
Senator Newhouse moved that the following amendments by Senators Newhouse, Hochstatter, Morton, Sellar, Ann Anderson and McCaslin be considered simultaneously and be adopted:
On page 2, beginning on line 22, after "operation," insert "or to a farmer as defined in RCW 82.04.213 of agricultural equipment used directly in producing or harvesting for sale any agricultural product as defined in RCW 82.04.213,"
On page 4, line 1, after "operation" insert "or with respect to agricultural equipment used directly in producing or harvesting for sale any agricultural product as defined in RCW 82.04.213"
POINT OF ORDER
Senator Gaspard: "Mr. President, I raise a point of order. I challenge the scope and object of the amendment that is being offered by Senator Newhouse. I would offer for your consideration that the bill before us specifically relates to the sales and use tax of manufacturing machinery and equipment, pollution control equipment and high technology research and development. Agriculture, in itself, is a separate category from these three that I have mentioned and nowhere in the proposed bill is agriculture mentioned. Therefore, I would contend that the amendment offered is not within the scope and object."
Further debate ensued.
There being no objection, the President deferred further consideration of Substitute Senate Bill No. 5201.
President Pro Tempore Wojahn assumed the Chair.
SECOND READING
SENATE BILL NO. 5448, by Senators Fraser, Hochstatter, Sutherland and Winsley (by request of Department of Health)
Modifying provisions for public water system regulation.
MOTIONS
On motion of Senator Rinehart, Second Substitute Senate Bill No. 5448 was substituted for Senate Bill No. 5448 and the second substitute bill was placed on second reading and read the second time.
Senator Ann Anderson moved that the following amendment be adopted:
On page 3, after line 36, insert the following:
"(7) The provisions of subsection (3) of this section shall not apply in any county for which a coordinated water system plan has not been approved under subsection (2) of this section.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Ann Anderson on page 3, after line 36, to Second Substitute Senate Bill No. 5448.
The motion by Senator Ann Anderson carried and the amendment was adopted.
MOTION
Senator Haugen moved that the following amendment by Senators Haugen and Newhouse be adopted:
On page 4, beginning on line 18, after "(2)" strike all material through "department." on line 25, and insert "No new public water system may be approved or created unless: (a) It is owned or operated by a satellite system management agency established under RCW 70.116.134 and the satellite system management system complies with financial viability requirements of the department; or (b) a satellite management system is not available and it is determined that the new system has sufficient management and financial resources to provide safe and reliable service."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Haugen and Newhouse on page 4, beginning on line 18, to Second Substitute Senate Bill No. 5448.
The motion by Senator Haugen carried and the amendment was adopted.
MOTION
Senator Swecker moved that the following amendment by Senators Swecker and Hochstatter be adopted:
On page 21, after line 2, insert the following:
"NEW SECTION. Sec. 13. A new section is added to chapter 70.119A RCW to read as follows:
An individual well serving a group domestic use and pumping not more than five thousand gallons per day that is established under the small use exemption provided in RCW 90.44.050 may provide water service for up to twelve housing units unless expressly prohibited by the county or city with land use jurisdiction. The department shall require metering of these wells unless it determines that in certain locations or situations metering is not appropriate. This section expires on December 31, 1996.
"Renumber the remaining section.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Swecker and Hochstatter on page 21, after line 2, to Second Substitute Senate Bill No. 5448.
The motion by Senator Swecker carried and the amendment was adopted.
MOTIONS
On motion of Senator Fraser, the following title amendment was adopted:
On page 1, line 4, strike "adding a new section" and insert "adding new sections"
On motion of Senator Sutherland, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5448 was advanced to third reading, the second reading considered the third and the 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 Engrossed Second Substitute Senate Bill No. 5448.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5448 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; 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, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Voting nay: Senators Roach and Schow - 2.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5448, 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. 5616, by Senators Gaspard, Sellar, Haugen, Hochstatter, Drew, A. Anderson, Swecker, Newhouse, Deccio, Rasmussen, Winsley and Morton
Establishing a single-application process for watershed restoration projects.
MOTIONS
On motion of Senator Drew, Substitute Senate Bill No. 5616 was substituted for Senate Bill No. 5616 and the substitute bill was placed on second reading and read the second time.
Senator Drew moved that the following amendment by Senators Drew, Gaspard, Sellar, Oke, Owen and Fraser be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature declares that it is the goal of the state of Washington to preserve and restore the natural resources of the state and, in particular, fish and wildlife and their habitat. It is further the policy of the state insofar as possible to utilize the volunteer organizations who have demonstrated their commitment to these goals.
To this end, it is the intent of the legislature to minimize the expense and delays caused by unnecessary bureaucratic process in securing permits for projects that preserve or restore native fish and wildlife habitat.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section shall apply throughout sections 1 through 7 of this act.
(1) "Watershed restoration plan" means a plan, developed or sponsored by the department of fish and wildlife, the department of ecology, the department of natural resources, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district, that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed, and for which agency and public review has been conducted pursuant to chapter 43.21C RCW, the state environmental policy act. If the implementation measures or actions would have a probable significant, adverse environmental impact, a detailed statement under RCW 43.21C.031 must be prepared on the plan.
(2) "Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities:
(a) A project that involves less than ten miles of streamreach, in which less than twenty-five cubic yards of sand, gravel, or soil is removed, imported, disturbed, or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings;
(b) A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or
(c) A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure other than a bridge or culvert or instream habitat enhancement structure associated with the project is less than two hundred square feet in floor area and is located above the ordinary high water mark of the stream.
NEW SECTION. Sec. 3. By January 1, 1996, the Washington conservation commission shall develop, in consultation with other state agencies, tribes, and local governments, a consolidated application process for permits for a watershed restoration project to be obtained by a sponsoring agency for a project developed by the agency or sponsored by the agency on behalf of a volunteer organization. The consolidated process shall include a single permit application form for use by all responsible state and local agencies. The commission shall encourage use of the consolidated permit application process by any federal agency responsible for issuance of related permits. The permit application forms to be consolidated shall include, at a minimum, applications for: (1) Approvals related to water quality standards under chapter 90.48 RCW; (2) hydraulic project approvals under chapter 75.20 RCW; and (3) Section 401 water quality certifications under 33 U.S.C. Sec. 1341 and chapter 90.48 RCW.
NEW SECTION. Sec. 4. Each agency of the state, tribe, and unit of local government that claims jurisdiction or the right to require permits, other approvals, or fees as a condition of allowing a watershed restoration project to proceed shall designate an office or official as a designated recipient of project applications and shall inform the conservation commission of the designation.
NEW SECTION. Sec. 5. All agencies of the state, tribes, and local governments shall accept the single application developed under section 3 of this act. Unless the procedures under section 6 of this act are invoked, the application shall be processed without charge and permit decisions shall be issued within forty-five days of receipt of a complete application.
NEW SECTION. Sec. 6. The applicant or any state agency, tribe, or local government with permit processing responsibility may request that the permit assistance center created by chapter ..., Laws of 1995 (Senate Bill No. 5489 or House Bill No. 1724) appoint a project facilitator to develop in consultation with the applicant and permit agencies a coordinated process for permit decisions on the application. The process may incorporate procedures for coordinating state permits under chapter ..., Laws of 1995 (Senate Bill No. 5489 or House Bill No. 1724). The center shall adopt a target of completing permit decisions within forty-five days of receipt of a complete application.
If neither Senate Bill No. 5489 nor House Bill No. 1724 are enacted by June 30, 1995, this section shall be null and void.
NEW SECTION. Sec. 7. State agencies, tribes, and local governments responsible for permits or other approvals of watershed restoration projects as defined in section 2 of this act may develop general permits or permits by rule to address some or all projects required by an approved watershed restoration plan, or for types of watershed restoration projects.
NEW SECTION. Sec. 8. A new section is added to chapter 35.63 RCW to read as follows:
A permit required under this chapter for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.
NEW SECTION. Sec. 9. A new section is added to chapter 35A.63 RCW to read as follows:
A permit required under this chapter for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.
NEW SECTION. Sec. 10. A new section is added to chapter 36.70 RCW to read as follows:
A permit required under this chapter for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.
NEW SECTION. Sec. 11. A new section is added to chapter 36.70A RCW to read as follows:
A permit required under this chapter for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.
NEW SECTION. Sec. 12. A new section is added to chapter 43.21C RCW to read as follows:
Decisions pertaining to watershed restoration projects as defined in section 2 of this act are not subject to the requirements of RCW 43.21C.030(2)(c).
NEW SECTION. Sec. 13. A new section is added to chapter 43.30 RCW to read as follows:
A permit required by the department for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.
NEW SECTION. Sec. 14. A new section is added to chapter 75.20 RCW to read as follows:
A hydraulic project approval required by the department for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.
NEW SECTION. Sec. 15. A new section is added to chapter 90.48 RCW to read as follows:
A permit, certification, or other approval required by the department for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act. Public review of proposed watershed restoration projects may be shortened or waived by the department.
NEW SECTION. Sec. 16. A new section is added to chapter 90.58 RCW to read as follows:
Watershed restoration projects as defined in section 2 of this act are exempt from the requirement to obtain a substantial development permit. Local government shall review the projects for consistency with the locally adopted shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty-five days of receiving a complete consolidated application form from the applicant. No fee may be charged for accepting and processing applications for watershed restoration projects as used in this section.
NEW SECTION. Sec. 17. The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the general fund to the state conservation commission for the purposes of this act.
NEW SECTION. Sec. 18. Sections 1 through 7 of this act are each added to chapter 89.08 RCW."
MOTION
On motion of Senator Sutherland, the following amendment by Senators Sutherland, Spanel, Gaspard and Drew to the striking amendment by Senators Drew, Gaspard, Sellar, Oke, Owen and Fraser was adopted:
On page 3, line 27, after "projects." insert "Nothing in this act precludes local governments, state agencies, and tribes from working out other cooperative permitting agreements outside the procedures of this act."
The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Drew, Gaspard, Sellar, Oke, Owen and Fraser, as amended, to Substitute Senate Bill No. 5616,
The striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Drew, the following title amendment was adopted:
On page 1, line 1 of the title, after "projects;" strike the remainder of the title and insert "adding new sections to chapter 89.08 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 43.21C RCW; adding a new section to chapter 43.30 RCW; adding a new section to chapter 75.20 RCW; adding a new section to chapter 90.48 RCW; adding a new section to chapter 90.58 RCW; and making an appropriation."
On motion of Senator Drew, the rules were suspended, Engrossed Substitute Senate Bill No. 5616 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5616.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5616 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, 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 - 48.
Absent: Senator Fairley - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5616, 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.
Vice President Pro Tempore Franklin assumed the Chair.
SECOND READING
SENATE BILL NO. 5688, by Senators Hargrove, Long, Franklin, Rasmussen, C. Anderson, Kohl, Prentice, McAuliffe, Fairley, Drew, Smith, Heavey, Sheldon, Wojahn, Bauer and Winsley
Improving screening for fetal alcohol syndrome.
MOTIONS
On motion of Senator Rinehart, Substitute Senate Bill No. 5688 was substituted for Senate Bill No. 5688 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5688 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5688.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5688 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; 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, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Absent: Senator Quigley - 1.
SUBSTITUTE SENATE BILL NO. 5688, 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.
President Pritchard assumed the Chair.
SECOND READING
SENATE BILL NO. 5825, by Senators Fairley and Kohl
Enhancing bicycle and pedestrian transportation.
MOTIONS
On motion of Senator Fairley, Substitute Senate Bill No. 5825 was substituted for Senate Bill No. 5825 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fairley, the rules were suspended, Substitute Senate Bill No. 5825 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. 5825.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5825 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 15; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, C., Bauer, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, McDonald, Moyer, Owen, Palmer, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 34.
Voting nay: Senators Anderson, A., Cantu, Deccio, Hale, Hochstatter, Johnson, McCaslin, Morton, Newhouse, Oke, Prince, Roach, Schow, Sellar and Strannigan - 15.
SUBSTITUTE SENATE BILL NO. 5825, 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 Substitute Senate Bill No. 5201 and the pending amendments by Senators Newhouse, Hochstatter, Morton, Sellar, Ann Anderson and McCaslin on page 2, beginning on line 22, and page 4, line 1, deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Gaspard, the President finds that Substitute Senate Bill No. 5201 is a measure which exempts certain types of equipment and machinery used in manufacturing from sales and use taxes, and makes related changes to distressed areas, new business, and high technology to deferral programs.
"The amendments by Senators Newhouse, Hochstatter, Morton, Sellar, Ann Anderson and McCaslin on page 2, beginning on line 22, and page 4, line 1, would exempt certain agricultural equipment from sale and use taxes.
"The President, therefore, finds that the proposed amendments do change the scope and object of the bill and the point of order is well taken."
The amendments by Senators Newhouse, Hochstatter, Morton, Sellar, Ann Anderson and McCaslin on page 2, beginning on line 22, and page 4, line 1, to Substitute Senate Bill No. 5201 were ruled out of order.
MOTION
Senator Swecker moved that the following amendments be considered simultaneously and be adopted:
On page 2, line 24, after "equipment" strike ", but only when" and insert ".
(2) The tax levied by RCW 82.08.020 shall not apply to sales to a thermal electric generation facility, as defined in RCW 54.28.010, in operation before July 1, 1985, of pollution control equipment required by federal or state laws or regulations to be installed and used in the production of electrical energy to prevent or reduce air pollution or contamination that might otherwise result from the operation of a thermal electric generation facility, or to sales of or charges made for labor and services rendered in respect to installing the pollution control equipment.
(3) No purchaser is eligible for an exemption under subsection (1) or (2) of this section unless"
On page 2, line 30, strike "(2)" and insert "(4)"
On page 3, at the beginning of line 37, insert "(1)"
On page 4, line 1, after "operation" strike ", but only when the user provides" and insert ".
(2) The provisions of this chapter shall not apply in respect to the use by a thermal electric generation facility, as defined in RCW 54.28.010, in operation before July 1, 1985, of pollution control equipment required by federal or state laws or regulations to be installed and used in the production of electrical energy to prevent or reduce air pollution or contamination that might otherwise result from the operation of a thermal electric generation facility.
This subsection shall not apply to the use of tangible personal property for maintenance or repairs of the pollution control equipment.
(3) The user shall provide"
On page 4, line 3, strike "(1)" and insert "(a)"
On page 4, line 6, strike "(2)" and insert "(b)"
The President declared the question before the Senate to be the adoption of the amendments by Senator Swecker on page 2, lines 24 and 30; page 3, at the beginning of line 37; and page 4, lines 1, 3, and 6, to Substitute Senate Bill No. 5201.
The motion by Senator Swecker failed and the amendments were not adopted on a rising vote.
MOTION
Senator Hargrove moved that the following amendment be adopted:
On page 10, after line 14, strike all of section 8 and insert the following:
"Sec. 8. RCW 82.60.065 and 1994 1st sp.s. c 1 s 6 are each amended to read as follows:
Except as provided in RCW 82.60.070:
(1) Taxes deferred under this chapter on the sale or use of labor that is directly used in the construction of an investment project for which a deferral has been granted under this chapter after June 11, 1986, and prior to July 1, 1994, need not be repaid.
(2) Taxes deferred under this chapter on an investment project for which a deferral has been granted under this chapter after June 30, 1994, need not be repaid.
(3) Taxes deferred under this chapter need not be repaid on machinery and equipment, and sales of or charges made for labor and services, of the type which qualifies for exemption under section 2 or 3 of this act to the extent the taxes have not been repaid before the effective date of this act.
Sec. 9. RCW 82.60.070 and 1994 1st sp.s. c 1 s 5 are each amended to read as follows:
(1) Each recipient of a deferral granted under this chapter prior to July 1, 1994, shall submit a report to the department on December 31st of each year during the repayment period until the tax deferral is repaid. Each recipient of a deferral granted under this chapter after June 30, 1994, shall submit a report to the department on December 31st of the year in which the investment project is certified by the department as having been operationally completed, and on December 31st of each of the seven succeeding calendar years. The report shall contain information, as required by the department, from which the department may determine whether the recipient is meeting the requirements of this chapter. If the recipient fails to submit a report or submits an inadequate report, the department may declare the amount of deferred taxes outstanding to be immediately assessed and payable.
(2) If, on the basis of a report under this section or other information, the department finds that an investment project is not eligible for tax deferral under this chapter for reasons other than failure to create the required number of qualified employment positions, the amount of deferred taxes outstanding for the project shall be immediately due.
(3) If, on the basis of a report under this section or other information, the department finds that an investment project for which a deferral has been granted under this chapter prior to July 1, 1994, has been operationally complete for three years and has failed to create the required number of qualified employment positions, the department shall assess interest, but not penalties, on the deferred taxes for the project. The interest shall be assessed at the rate provided for delinquent excise taxes, shall be assessed retroactively to the date of deferral, and shall accrue until the deferred taxes are repaid.
(4) If, on the basis of a report under this section or other information, the department finds that an investment project for which a deferral has been granted under this chapter after June 30, 1994, has been operationally complete for three years and has failed to create the required number of qualified employment positions, the amount of taxes not eligible for deferral shall be immediately due. The department shall assess interest at the rate provided for delinquent excise taxes, but not penalties, retroactively to the date of deferral.
(5) If, on the basis of a report under this section or other information, the department finds that an investment project qualifying for deferral under RCW 82.60.040(1) (b) or (c) has failed to comply with any requirement of RCW 82.60.045 for any calendar year for which reports are required under subsection (1) of this section, twelve and one-half percent of the amount of deferred taxes shall be immediately due. The department shall assess interest at the rate provided for delinquent excise taxes, but not penalties, retroactively to the date of deferral.
(6) Notwithstanding any other subsection of this section, deferred taxes need not be repaid on machinery and equipment, and sales of or charges made for labor and services, of the type which qualifies for exemption under section 2 or 3 of this act to the extent the taxes have not been repaid before the effective date of this act."
Renumber the sections consecutively and correct any internal references accordingly
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Hargrove on page 10, after line 14, to Substitute Senate Bill No. 5201.
The motion by Senator Hargrove carried and the amendment was adopted on a rising vote.
MOTIONS
On motion of Senator Rinehart, the following amendment was adopted:
On page 18, after line 2, strike all of section 14 and insert the following:
"NEW SECTION. Sec. 14. The legislative fiscal committees shall report to the legislature by December 1, 1999, on the economic impacts of the manufacturers' tax exemption. This report shall analyze employment and other relevant economic data from before and after the enactment of the tax exemptions authorized under this act and shall measure the effect on the creation or retention of family wage jobs and diversification of the state's economy. Analytic techniques may include, but not be limited to, comparisons of Washington to other states that did not enact business tax changes, comparisons across Washington counties based on usage of the tax exemptions, and comparisons across similar firms based on their use of the tax exemptions. In performing the analysis, the legislative fiscal committees shall consult with business and labor interests. The department or revenue, the employment security department, and other agencies shall provide to the legislative fiscal committees such data as the legislative fiscal committees may request in performing the analysis required under this section."
On motion of Senator Rinehart, the following title amendment was adopted:
On page 1, line 4 of the title, before "82.60.070" insert "82.60.065,"
MOTION
On motion of Senator Spanel, further consideration of Substitute Senate Bill No. 5201 was deferred.
MOTION
At 5:37 p.m., on motion of Senator Spanel, the Senate recessed until 6:30 p.m.
The Senate was called to order at 7:02 p.m. by President Pritchard.
SECOND READING
SENATE BILL NO. 6009, by Senators Rasmussen, Loveland, Finkbeiner, Morton, Bauer, McAuliffe, Drew and Kohl
Creating the malt beverage commission.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 6009 was substituted for Senate Bill No. 6009 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Rasmussen, the following amendment by Senators Rasmussen and Morton was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature declares that:
(1) Marketing is a dynamic and changing part of Washington agriculture and business economy and a vital element in expanding the state economy.
(2) The sale in the state and export to other states of malt beverages made in the state contribute substantial benefits to the economy of the state and provide a large number of jobs and sizeable tax revenues.
(3) The production of malt beverages in the state is an important segment of Washington agriculture that has potential for greater contribution to the economy of the state if it undergoes continued development.
(4) The general welfare of the people of the state will be served by continued development of the production of malt beverages, which development will improve the tax bases of local communities in which processing facilities are located, and reduce the need for state and federal funding of local services. The industries are therefore affected with the public interest.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Beer producer" means any person or other entity licensed under Title 66 RCW, to produce within the state, beer or malt beverage, and who produces under one hundred thousand barrels of beer annually per location.
(2) "Commission" means the Washington malt beverage commission.
(3) "Director" means the director of agriculture or the director's duly appointed representative.
(4) "Department" means the department of agriculture.
(5) "Person" includes any individual, firm, corporation, trust, association, partnership, society, or any other organization of individuals.
(6) "Eastern Washington" means that portion of the state lying east of the Cascade mountain range.
(7) "Western Washington" means that portion of the state lying west of the Cascade mountain range.
(8) "Beer" and "malt beverage" for the purposes of this section are as defined in RCW 66.04.010.
NEW SECTION. Sec. 3. (1) The agricultural commodity commission, authorized by referendum under section 12 of this act, shall be known and designated as the Washington malt beverage commission. The commission shall be composed of nine voting members; eight voting members shall be beer producers and one voting member shall be a wholesaler licensed under RCW 66.24.250. Of the beer producer members, at least three shall be located in western Washington and at least three shall be located in eastern Washington.
(2) The director of agriculture, or the director's designee, shall serve as an ex officio, nonvoting member.
(3) Six voting members of the commission constitute a quorum for the transaction of any business of the commission.
(4) Each voting member of the commission shall be a citizen, and resident of this state and over the age of twenty-one years. Each voting member, except the member holding position nine, must be or must have been engaged in that phase of the industry that he or she is appointed to represent, and must during his or her term of office derive a substantial portion of income therefrom, or have a substantial investment in the production of beer as an owner, lessee, partner, or a stockholder owning at least ten percent of the voting stock in a corporation engaged in the production; or the manager or executive officer of such a corporation. These qualifications apply throughout each member's term of office.
NEW SECTION. Sec. 4. The appointive voting positions on the commission shall be designated as follows: The beer producers shall be designated positions one, two, three, four, five, six, seven, and eight; and the wholesaler shall be position nine. The member designated as filling position one shall be a beer producer producing the largest volume of beer annually, not to exceed one hundred thousand barrels per location per year. The member designated as position one shall be the sole representative, directly or indirectly, of the beer producer eligible to hold position one.
The regular terms of office shall be three years from the date of appointment and until their successors are appointed. However, the first terms of the members appointed after July 1, 1995, shall be as follows: Positions one, six, and nine shall terminate July 1, 1998; positions two, four, and seven shall terminate July 1, 1997; and positions three, five, and eight shall terminate July 1, 1996.
NEW SECTION. Sec. 5. Within ninety days after approval of the referendum held pursuant to section 12 of this act, the director shall appoint the members of the commission. In making such appointments of the voting members, the director shall take into consideration recommendations made by the beer producers the persons recommended for appointment as members of the commission. In appointing persons to the commission, the director shall seek to ensure as nearly as possible a balanced representation on the commission that would reflect the composition of the beer producers throughout the state as to amount of malt beverage produced.
In the event a position on the commission becomes vacant due to resignation, disqualification, death, or for any other reason, the unexpired term of the position shall immediately be filled by appointment by the director.
After approval of the referendum held pursuant to section 12 of this act, each member of the commission shall be entitled to reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 6. Obligations incurred by the commission and liabilities or claims against the commission shall be enforced only against the assets of the commission in the same manner as if it were a corporation and no liability for the debts or actions of the commission shall exist against either the state of Washington or any subdivision or instrumentality thereof or against any member, officer, employee, or agent of the commission in his or her individual capacity. The members of the commission, including employees of the commission, shall not be held responsible individually or any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employees, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other members of the commission.
NEW SECTION. Sec. 7. The powers and duties of the commission include:
(1) To elect a chair and such officers as the commission deems advisable. The officers shall include a treasurer who is responsible for all receipts and disbursements by the commission and the faithful discharge of whose duties shall be guaranteed by a bond at the sole expense of the commission. The commission shall adopt rules for its own governance, which shall provide for the holding of an annual meeting for the election of officers and transaction of other business and for such other meetings as the commission may direct;
(2) To do all things reasonably necessary to effect the purposes of this chapter. However, the commission shall have no legislative power;
(3) At the pleasure of the commission, to employ and discharge managers, secretaries, agents, attorneys, and employees and to engage the services of independent contractors as the commission deems necessary, to prescribe their duties, and to fix their compensation;
(4) To receive donations of beer from breweries for promotional purposes;
(5) To receive beer or cash or in-kind contributions from breweries and beverage industry associations;
(6) To engage directly or indirectly in the promotion of Washington beer, including without limitation the acquisition in any lawful manner and the dissemination without charge of beer, which dissemination shall not be deemed a sale for any purpose and in which dissemination the commission shall not be deemed a beer producer, supplier, or manufacturer of any kind or the clerk, servant, or agent of a beer producer, supplier, or manufacturer of any kind. Such dissemination shall be for agricultural development or trade promotion, which may include promotional hosting and shall in the good faith judgment of the commission be in aid of the marketing, advertising, or sale of beer, or of research related to such marketing, advertising, or sale;
(7) To acquire and transfer personal and real property, establish offices, incur expense, enter into contracts, including contracts for creation and printing of promotional literature, which contracts shall not be subject to chapter 43.78 RCW, but which shall be cancelable by the commission unless performed under conditions of employment which substantially conform to the laws of this state and the rules of the department of labor and industries. The commission may create such debt and other liabilities as may be reasonable for proper discharge of its duties under this chapter;
(8) To maintain such account or accounts with one or more qualified public depositaries as the commission may direct, to cause moneys to be deposited therein, and to expend moneys for purposes authorized by this chapter by drafts made by the commission upon such institutions or by other means;
(9) To cause to be kept and annually closed, in accordance with generally accepted accounting principles, accurate records of all receipts, disbursements, and other financial transactions, available for audit by the state auditor;
(10) To create and maintain a list of beer producers and to disseminate information among and solicit the opinions of beer producers with respect to the discharge of the duties of the commission, directly or by arrangement with trade associations or other instrumentalities;
(11) To employ, designate as agent, act in concert with, and enter into contracts with any person, council, commission, or other entity for the purpose of promoting the general welfare of the malt beverage industry and particularly for the purpose of assisting in the sale and distribution of Washington beer in domestic and foreign commerce, expending moneys as it may deem necessary or advisable for such purpose and for the purpose of paying its proportionate share of the cost of any program providing direct or indirect assistance to the sale and distribution of Washington beer in domestic or foreign commerce, employing and paying for vendors of professional services of all kinds;
(12) To sue and be sued as a commission, without individual liability for acts of the commission within the scope of the powers conferred upon it by this chapter; and
(13) To serve as a liaison with the liquor control board.
NEW SECTION. Sec. 8. The commission shall create, provide for, and conduct a comprehensive and extensive research, promotional, and educational campaign as sales and market conditions reasonably require. It shall investigate and ascertain the needs of beer producers, conditions of markets, and degree of public awareness of products, and take into account the information adduced thereby in the discharge of its duties under this chapter.
NEW SECTION. Sec. 9. The commission shall adopt as major objectives of its research, promotional, and educational campaign such goals as will serve the needs of beer producers, which may include, without limitation, efforts to:
(1) Establish Washington beer as a major factor in markets everywhere;
(2) Promote Washington breweries as tourist attractions;
(3) Encourage favorable reporting of Washington beer and breweries in the press throughout the world;
(4) Establish the state in markets everywhere as a major source of premium beer;
(5) Encourage favorable legislative and regulatory treatment of Washington beer in markets everywhere; and
(6) Foster economic conditions favorable to investment in the production of Washington beer.
NEW SECTION. Sec. 10. The commission shall cause a list to be prepared of all Washington beer producers from any information available from the department. This list shall contain the names and addresses of all persons who produce beer within this state and the amount (by barrellage) of malt beverage produced during the period designated by the commission. A qualified person may, at any time, have his or her name placed upon the list by delivering or mailing the information to the commission. This list shall be corrected and brought up to date in accordance with evidence and information available to the commission on or before December 31st of each year. For all purposes of giving notice and holding referendums, the list on hand, corrected up to the day next preceding the date for issuing notices or ballots as the case may be, is, for purposes of this chapter, deemed to be the list of all beer producers entitled to notice or to assent or dissent or to vote.
NEW SECTION. Sec. 11. (1) Pursuant to approval by referendum in accordance with section 12 of this act, commencing on July 1, 1996, there shall be levied, and the commission shall collect, upon all beer produced within this state an annual assessment of one dollar per barrel of beer produced, on up to thirty thousand barrels per location, to be paid by the beer producer as defined in section 2(1) of this act. The commission may increase the amount of assessment above one dollar per barrel but not to exceed the fiscal growth factor as provided in RCW 43.135.055.
(2) The commission shall recommend rules to the director prescribing the time, place, and method for payment and collection of this assessment.
(3) After considering any recommendations made under subsection (2) of this section, the director shall adopt rules, in accordance with chapter 34.05 RCW, prescribing the time, place, and method for the payment and collection of the assessment levied under this section and approved under section 12 of this act.
NEW SECTION. Sec. 12. (1) Upon receipt by July 15, 1995, of a petition to form a commission signed by one or more beer producers, the director shall conduct a referendum among all beer producers within the state for purposes of determining beer producer participation in the commission and assessment under section 11 of this act. The requirements of assent or approval of the referendum will be held to be complied with if at least sixty percent of the beer producers reply to the referendum and that at least fifty-one percent by numbers of beer producers replying in the referendum vote affirmatively. The referendum process shall be initiated on or before September 15, 1995.
(2) If the director determines that the requisite assent has been given, the director shall direct the commission to put into force the assessment in section 11 of this act.
(3) If the director determines that the requisite assent has not been given, the director shall not appoint the commission nor commence action to levy the assessment provided in section 11 of this act. If the requisite assent has not been given, the commission shall not be activated to specifically foster the interests of beer producers.
NEW SECTION. Sec. 13. The commission shall deposit moneys collected under section 11 of this act in a separate account in the name of the commission in any bank that is a state depositary. All expenditures and disbursements made from this account under this chapter may be made without the necessity of a specific legislative appropriation. None of the provisions of RCW 43.01.050 apply to this account or to the moneys received, collected, or expended as provided in sections 10 through 14 of this act.
NEW SECTION. Sec. 14. A due and payable assessment levied in such specified amount as determined by the commission under section 11 of this act constitutes a personal debt of every person so assessed or who otherwise owes the assessment, and the assessment is due and payable to the commission when payment is called for by the commission. If a person fails to pay the commission the full amount of the assessment by the date due, the commission may add to the unpaid assessment an amount not exceeding ten percent of the assessment to defray the cost of enforcing its collection. If the person fails to pay any such due and payable assessment or other such sum, the commission may bring a civil action for collection against the person or persons in a court of competent jurisdiction. The action shall be tried and judgment rendered as in any other cause of action for a debt due and payable.
NEW SECTION. Sec. 15. (1) Prior to conducting the referendum as provided in section 12 of this act, the director may require the petitioners to deposit with him or her such amount of money the director may deem necessary to defray the expenses of conducting the referendum. If the referendum is approved, the petitioners shall be entitled to receive reimbursement from the commission the amount of the deposit provided to hold the referendum.
(2) All costs incurred by the department, including the adoption of rules and other actions necessary to carry out the provisions of this chapter, shall be reimbursed by the commission.
NEW SECTION. Sec. 16. This act shall be liberally construed to effectuate its purposes.
Sec. 17. RCW 66.44.800 and 1987 c 452 s 17 are each amended to read as follows:
(1) Nothing contained in chapter 15.88 RCW shall affect the compliance by the Washington wine commission with this chapter.
(2) Nothing contained in sections 1 through 16 of this act shall affect the compliance by the Washington malt beverage commission with this chapter.
Sec. 18. RCW 66.28.040 and 1987 c 452 s 15 are each amended to read as follows:
Except as permitted by the board under RCW 66.20.010, no brewer, wholesaler, distiller, winery, importer, rectifier, or other manufacturer of liquor shall, within the state, by himself, his or her clerk, servant, or agent, give to any person any liquor; but nothing in this section nor in RCW 66.28.010 shall prevent a brewer, wholesaler, winery, or importer from furnishing samples of beer, malt beverages, or wine to authorized licensees for the purpose of negotiating a sale, in accordance with regulations adopted by the liquor control board, provided that the samples are subject to taxes imposed by RCW 66.24.290 and 66.24.210; nothing in this section shall prevent the furnishing of samples of liquor to the board for the purpose of negotiating the sale of liquor to the state liquor control board; nothing in this section shall prevent a brewery, winery, or wholesaler from furnishing beer or wine for instructional purposes under RCW 66.28.150; nothing in this section shall prevent a winery or wholesaler from furnishing wine without charge to a not-for-profit group organized and operated solely for the purpose of enology or the study of viticulture which has been in existence for at least six months and any wine so furnished shall be used solely for such educational purposes, provided that the wine furnished shall be subject to the taxes imposed by RCW 66.24.210; nothing in this section shall prevent a brewer from serving beer or malt beverages without charge, on the brewery premises; nothing in this section shall prevent donations of wine for the purposes of RCW 66.12.180; and nothing in this section shall prevent a domestic winery from serving wine without charge, on the winery premises.
NEW SECTION. Sec. 19. A new section is added to chapter 66.12 RCW to read as follows:
The Washington malt beverage commission created under section 3 of this act may purchase or receive donations of malt beverages from breweries and may use such malt beverages for promotional purposes. Malt beverages furnished to the commission under this section that is used within the state is subject to the taxes imposed under RCW 66.24.290. No license, permit, or bond is required of the Washington malt beverage commission under this title for promotional activities conducted under
sections 1 through 16 of this act.NEW SECTION. Sec. 20. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 21. Sections 1 through 16 of this act shall constitute a new chapter in Title 15 RCW.
NEW SECTION. Sec. 22. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995."
MOTIONS
On motion of Senator Rasmussen, the following title amendment was adopted:
On page 1, line 1 of the title, after "commission;" strike the remainder of the title and insert "amending RCW 66.44.800 and 66.28.040; adding a new section to chapter 66.12 RCW; adding a new chapter to Title 15 RCW; providing an effective date; and declaring an emergency."
On motion of Senator Rasmussen, the rules were suspended, Engrossed Substitute Senate Bill No. 6009 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. 6009.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6009 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Owen, Palmer, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Smith, Snyder, Spanel, Swecker, West, Winsley, Wojahn and Wood - 43.
Voting nay: Senators Oke, Quigley, Sheldon, Strannigan and Sutherland - 5.
Absent: Senator Anderson, C. - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6009, 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 Cal Anderson was excused.
SECOND READING
SENATE BILL NO. 5238, by Senators Oke and Haugen
Eliminating the primary in park and recreation district elections.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5238 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. 5238.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5238 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., 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 - 48.
Excused: Senator Anderson, C. - 1.
SENATE BILL NO. 5238, 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. 5768, by Senator Pelz (by request of Employment Security Department)
Revising provision relating to deductions from unemployment benefits for unavailability.
The bill was read the second time.
MOTIONS
On motion of Senator Pelz, the following Committee on Labor, Commerce and Trade amendment was adopted:
On page 2, after line 10, insert the following:
"NEW SECTION. Sec. 3. This act applies to weeks of unemployment ending after July 7, 1995.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On motion of Senator Pelz, the following title amendment was adopted:
On page 1, line 2 of the title, after "50.20.130;" strike the remainder of the title and insert "creating new sections; and declaring an emergency."
MOTION
On motion of Senator Pelz, the rules were suspended, Engrossed Senate Bill No. 5768 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. 5768.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5768 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Winsley and Wojahn - 25.
Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West and Wood - 23.
Excused: Senator Anderson, C. - 1.
ENGROSSED SENATE BILL NO. 5768, 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. 5597, by Senators C. Anderson, Roach, Smith, Schow, McCaslin, Pelz, Hargrove, Long and Johnson
Copying public records.
MOTIONS
On motion of Senator Smith, Substitute Senate Bill No. 5597 was substituted for Senate Bill No. 5597 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5597 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. 5597.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5597 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, 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 - 46.
Voting nay: Senators Haugen and Loveland - 2.
Excused: Senator Anderson, C. - 1.
SUBSTITUTE SENATE BILL NO. 5597, 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 FOR RECONSIDERATION
Having voted on the prevailing side, Senator Smith moved to immediately consider the vote by which Substitute Senate Bill No. 5597 passed the Senate.
The President declared the question before the Senate to be the motion by Senator Smith to immediately reconsider the vote by which Substitute Senate Bill No. 5597 was adopted.
The motion by Senator Smith carried and the Senate will immediately reconsider Substitute Senate Bill No. 5597.
MOTIONS
On motion of Senator Smith, the rules were suspended and Substitute Senate Bill No. 5597 was returned to second reading and read the second time.
On motion of Senator Haugen, the following amendments by Senators Haugen, Cal Anderson and Long were considered simultaneously and were adopted:
On page 4, line 14, strike "fifteen" and insert "twenty"
On page 5, line 5, strike "fifteen" and insert "twenty"
MOTION
On motion of Senator Smith, Engrossed Substitute Senate Bill No. 5597, under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5597, under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5597, under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Rinehart, Roach, Schow, Sheldon, Smith, Spanel, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 40.
Voting nay: Senators Hale, Haugen, Loveland, Quigley, Rasmussen, Sellar, Snyder and Sutherland - 8.
Excused: Senator Anderson, C. - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5597, under suspension of the rules, 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 Second Substitute Senate Bill No. 5262 and the pending amendment by Senators Hargrove, Owen, Ann Anderson and McCaslin on page 4, after line 9, deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Haugen, the President finds that Second Substitute Senate Bill No. 5262 is a measure which establishes an ombudsman office in the Office of Administrative Hearings to represent the interests of private property owners. The bill specifies the duties of the ombudsman office, including receiving complaints, negotiating settlements, and determining impasse.
"The amendment by Senators Hargrove, Owen, Ann Anderson and McCaslin on page 4, after line 9, would define a failure to reach settlement as an exhaustion of administrative remedies and toll the statute of limitations during the time the office is working on a complaint.
"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 Senators Hargrove, Owen, Ann Anderson and McCaslin on page 4, after line 9, to Second Substitute Senate Bill No. 5262 was ruled in order.
The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove, Owen, Ann Anderson and McCaslin on page 4, after line 9, to Second Substitute Senate Bill No. 5262.
Debate ensued.
The amendment by Senators Hargrove, Owen, Ann Anderson and McCaslin on page 4, after line 9, to Second Substitute Senate Bill No. 5262 was adopted on a rising vote.
MOTION
On motion of Senator Haugen, Engrossed Second Substitute Senate Bill No. 5262, 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 Second Substitute Senate Bill No. 5262.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5262 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 10; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Winsley, Wojahn and Wood - 37.
Voting nay: Senators Finkbeiner, Franklin, Hochstatter, Johnson, Morton, Moyer, Roach, Schow, Strannigan and West - 10.
Absent: Senator Fairley - 1.
Excused: Senator Anderson, C. - 1.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5262, 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 Substitute Senate Bill No. 5258 and the pending amendment by Senator Pelz on page 6, after line 36, deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Hargrove, the President finds that Substitute Senate Bill No. 5258 is a measure which makes numerous changes in the law relating to community public health and safety networks. Among other things, the bill makes several definitional changes which impact many other sections of the law, and makes changes in the criteria the Family Policy Council uses in determining whether a network's plan will be funded.
"The amendment by Senator Pelz on page 6, after line 36, would direct community networks to consider employment and job training opportunities in developing their long-term comprehensive plans.
"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 Pelz on page 6, after line 36, to Substitute Senate Bill No. 5258 was ruled in order.
The President declared the question before the Senate to be the adoption of the amendment by Senator Pelz on page 6, after line 36, to Substitute Senate Bill No. 5258.
Debate ensued.
The amendment by Senator Pelz on page 6, after line 36, to Substitute Senate Bill No. 5258 was adopted.
MOTION
Senator Fairley moved that the following amendment be adopted:
On page 8, line 26, after "(6))) (f)" insert "Integrated local programs that met the network's priorities and were deemed successful by the network;
(g)"
Reletter the remaining subsections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Fairley on page 8, line 26, to Substitute Senate Bill No. 5258.
The motion by Senator Fairley carried and the amendment was adopted.
MOTIONS
On motion of Senator Pelz, the following amendments were considered simultaneously and were adopted:
On page 8, line 26, after "(f)" insert "Considered youth employment and job training programs outlined in this chapter as a strategy to reduce the rate of at-risk children and youth;
(g)"
On page 8, at the beginning of line 32, strike "(g)" and insert "(h)"
On motion of Senator Hargrove, the following title amendment was adopted:
On page 1, line 3 of the title, after "70.190.060," insert "70.190.080,"
MOTION
On motion of Senator Hargrove, Engrossed Substitute Senate Bill No. 5258, 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. 5258.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5258 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., 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 - 48.
Excused: Senator Anderson, C. - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5258, 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 8:00 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 8:45 p.m. by President Pritchard.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5201, deferred on second reading earlier today after an amendment by Senator Hargrove on page 10, after line 14, and an amendment by Senator Rinehart on page 18, after line 2, and a title amendment were adopted.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Owen served notice that he would move to reconsider the vote by which the amendment by Senator Hargrove on page 10, after line 14, was adopted.
MOTION
At 8:46 p.m., on motion of Senator Spanel, the Senate adjourned until 9:00 a.m., Tuesday, March 14, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate