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TWENTY-SECOND DAY

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MORNING SESSION

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Senate Chamber, Olympia, Monday, January 29, 1996

The Senate was called to order at 10:00 a.m. by President Pro Tempore Wojahn. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Drew, Finkbeiner, McDonald, Moyer, Oke, Quigley, Smith and Sutherland. On motion of Senator Anderson, Senators McDonald, Moyer and Oke were excused. On motion of Senator Thibaudeau, Senators Drew, Quigley, Smith and Sutherland were excused.

The Sergeant at Arms Color Guard, consisting of Pages Brynn Connors and Brian Hans, presented the Colors. Senator Sid Snyder offered the prayer.

MOTION

On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.

REPORTS OF STANDING COMMITTEES

January 24, 1996

2SSB 5476 Prime Sponsor, Senate Committee on Ways and Means: Sharing leave and personal holiday time. Reported by Committee on Labor, Commerce and Trade

MAJORITY Recommendation: That Third Substitute Senate Bill No. 5476 be substituted therefor, and the third substitute bill do pass. Signed by Senators Pelz, Chair; Heavey, Vice Chair; A. Anderson, Deccio, Franklin, Fraser and Wojahn.

Referred to Committee on Ways and Means.

January 25, 1996

SSB 5947 Prime Sponsor, Senate Committee on Ways and Means: Providing a specific funding mechanism for making additional community and technical college faculty salary increment awards. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Pelz, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

Passed to Committee on Rules for second reading.

January 25, 1996

SB 6116 Prime Sponsor, Senator Thibaudeau: Providing for a certain disclosure of health care information without patient's authorization. Reported by Committee on Health and Long-Term Care

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

Passed to Committee on Rules for second reading.

January 25, 1996

SB 6141 Prime Sponsor, Senator Swecker: Requiring additional public notice and participation in various activities of investor-owned water companies. Reported by Committee on Energy, Telecommunications and Utilities

MAJORITY Recommendation: That Substitute Senate Bill No. 6141 be substituted therefor, and the substitute bill do pass. Signed by Senators Sutherland, Chair; Loveland, Vice Chair; Finkbeiner, Hochstatter and Owen.

Passed to Committee on Rules for second reading.

January 25, 1996

SB 6245 Prime Sponsor, Senator Thibaudeau: Requiring child death investigations and reports. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: That Substitute Senate Bill No. 6245 be substituted therefor, and the substitute bill do pass. Signed by Senators Wojahn, Vice Chair; Deccio, Fairley, Franklin, Moyer, Thibaudeau, Winsley and Wood.

Passed to Committee on Rules for second reading.

January 25, 1996

SB 6273 Prime Sponsor, Senator Quigley: Authorizing certain public works projects. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Bill No. 6273 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Johnson, Kohl, Long, McDonald, Pelz, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

Passed to Committee on Rules for second reading.

January 26, 1996

SB 6302 Prime Sponsor, Senator Haugen: Revising provision for appointment of a county legislative authority member of the forest practices board. Reported by Committee on Natural Resources

MAJORITY Recommendation: Do pass. Signed by Senators Drew, Chair; Spanel, Vice Chair; A. Anderson, Haugen, Morton, Oke, Owen and Snyder.

Passed to Committee on Rules for second reading.

January 26, 1996

SB 6443 Prime Sponsor, Senator Fairley: Prohibiting the lease of certain tidal or submerged lands for oil or gas exploration. Reported by Committee on Natural Resources

MAJORITY Recommendation: Do pass. Signed by Senators Drew, Chair; Spanel, Vice Chair; Haugen, Morton, Oke, Owen and Snyder.

Passed to Committee on Rules for second reading.

January 25, 1996

SB 6556 Prime Sponsor, Senator Sutherland: Enhancing public electronic access to government information. Reported by Committee on Energy, Telecommunications and Utilities

MAJORITY Recommendation: That Substitute Senate Bill No. 6556 be substituted therefor, and the substitute bill do pass. Signed by Senators Sutherland, Chair; Loveland, Vice Chair; Finkbeiner, Hochstatter and Owen.

Referred to Committee on Ways and Means.

January 25, 1996

SJM 8023 Prime Sponsor, Senator Deccio: Requesting the department of transportation to name an overpass after Senator Matson. Reported by Committee on Transportation

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

Passed to Committee on Rules for second reading.

INTRODUCTION AND FIRST READING

SB 6729 by Senators Hargrove, Long and Winsley

AN ACT Relating to structured transition for juvenile offenders; reenacting and amending RCW 13.40.020; adding new sections to chapter 13.40 RCW; creating a new section; prescribing penalties; and providing an effective date.

Referred to Committee on Human Services and Corrections.

SB 6730 by Senators Strannigan, Rasmussen, Heavey, Schow, Finkbeiner, West, Winsley, Long, Johnson and Roach

AN ACT Relating to high-occupancy vehicle lanes; and amending RCW 46.61.165.

Referred to Committee on Transportation.

SB 6731 by Senators Hargrove, Long and Winsley (by request of Department of Social and Health Services)

AN ACT Relating to adoption support reconsideration program; and amending RCW 74.13.150.

Referred to Committee on Human Services and Corrections.

SB 6732 by Senators Owen and Haugen

AN ACT Relating to a citizens' ombudsman for the department of natural resources; adding a new section to chapter 43.30 RCW; and creating a new section.

Referred to Committee on Natural Resources.

SB 6733 by Senators Kohl, Hargrove, Long, Moyer, Franklin, Deccio, Schow, Strannigan, Owen, Thibaudeau, Smith, Sutherland and Winsley

AN ACT Relating to chemical dependency counselors; amending RCW 18.19.020, 18.19.030, and 18.19.070; adding a new section to chapter 18.19 RCW; and creating new sections.

Referred to Committee on Human Services and Corrections.

SB 6734 by Senators Strannigan, Fraser, Swecker, Spanel, Winsley, Long and Haugen

AN ACT Relating to gifts of land for public recreation and conservation uses; and amending RCW 43.98A.005, 43.98A.040, 43.98A.050, 43.98A.070, and 43.98A.080.

Referred to Committee on Ecology and Parks.

SB 6735 by Senators Pelz, Sutherland, Hargrove, Schow, Smith and Fairley

AN ACT Relating to disclosure requirements for campaign contributions by gambling interests; amending RCW 42.17.090, 9.46.075, and 9.46.070; adding a new section to chapter 42.17 RCW; and providing an effective date.

Referred to Committee on Labor, Commerce and Trade.

SB 6736 by Senators Goings, Pelz, Heavey, Rasmussen, McAuliffe, Fraser, Bauer, Franklin, Loveland, Sheldon, Spanel, Fairley, Thibaudeau, Wojahn, Snyder, Sutherland, Drew, Rinehart, Kohl, Smith, Haugen and Winsley

AN ACT Relating to employees of school districts; amending RCW 28A.400.200; adding new sections to chapter 41.59 RCW; and repealing RCW 41.59.120 and 41.59.935.

Referred to Committee on Labor, Commerce and Trade.

SB 6737 by Senators McAuliffe, Sheldon, Thibaudeau, Fairley and Kohl

AN ACT Relating to the study of athletic opportunities for girls; creating new sections; and making an appropriation.

Referred to Committee on Education.

MOTION

At 10:08 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

The Senate was called to order at 11:29 a.m. by President Pritchard.

SECOND READING

SENATE BILL NO. 6135, by Senators Fairley, Winsley and Kohl

Using gender-neutral language in Title 35A RCW.

The bill was read the second time.

MOTION

On motion of Senator Haugen, the rules were suspended, Senate Bill No. 6135 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. 6135.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6135 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 41.

Absent: Senator Finkbeiner - 1.

Excused: Senators Drew, McDonald, Moyer, Oke, Quigley, Smith and Sutherland - 7.

SENATE BILL NO. 6135, 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 Wood, Senator Finkbeiner was excused.

SECOND READING

SENATE BILL NO. 6090, by Senators Hale, Haugen, Winsley and Swecker

Recording instruments via electronic transmission.

The bill was read the second time.

MOTION

On motion of Senator Hale, the rules were suspended, Senate Bill No. 6090 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. 6090.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6090 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

Excused: Senators Drew, Finkbeiner, McDonald, Moyer, Oke, Quigley, Smith and Sutherland - 8.

SENATE BILL NO. 6090, 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. 6243, by Senators Goings, Hargrove, Rasmussen, Quigley, Bauer, Fraser, Drew, Smith, Wojahn, Franklin, Sheldon, Pelz, Snyder, Haugen, Heavey, Long, Oke, Wood and Johnson

Prohibiting state funding of organ transplants for offenders sentenced to death.

The bill was read the second time.

MOTION

On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 6243 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. 6243.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6243 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42.

Excused: Senators Drew, Finkbeiner, McDonald, Oke, Quigley, Smith and Sutherland - 7.

SENATE BILL NO. 6243, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

PERSONAL PRIVILEGE

Senator Pelz: "A point of personal privilege. Thank you, Mr. President, and members of the Senate. I rise to point out that the excruciating pain that we have just endured was, in fact, the braying of the maiden speech of the recent Senator from the Twenty-fifth District. He does not realize in his newness to this Chamber that his long-winded cacophony will force a delay in a cherished process by which this body considers the vital legislation before us during this session. Senator Goings probably does not realize that in a couple of weeks we will be feeling the pressure as we attempt to pass all the fantastic legislation coming out of our committees on a daily basis--that somewhere, because of his endless speech, the opportunity to create a new lien will be lost. The possibility to pass a new government regulation will elude us and at least six bills from the Gov Ops Committee will not move forward in the process. For that, you owe each of us a gift."

REPLY BY THE PRESIDENT

President Pritchard: "Thank you, Senator. I think it is quite appropriate that you should warn the Senator about endless speeches."

PERSONAL PRIVILEGE

Senator McCaslin: "A point of personal privilege. Not having the oratorical skills of my fellow Senator, Senator Pelz, I would like to ask Senator Goings that if you are going to provide us with something to eat, it will take as long to eat it as your speech was."

PERSONAL PRIVILEGE

Senator Roach: "A point of personal privilege. I just wanted to bring up something to the members. It was discovered a little earlier this year, by someone working on the Corrections Committee, the Department of Corrections has paid for penial implants for some of those that are incarcerated. So that while we are talking right now about this subject, certainly we need to be looking into what else is being done that probably the taxpayers would say would be incredibly out of line."

REPLY BY THE PRESIDENT

President Pritchard: "Thank you, Senator. I'm not sure we have to discuss penial implants."

PERSONAL PRIVILEGE

Senator Goings: "A point of personal privilege. Senator Roach, we will have to come back next session in order to discuss that. I just want to thank the majority leader for sticking with me through that. Senator Snyder, thank you very much. Senator Pelz, my conservative colleague, I am not sure about Seattle, but in the Twenty-fifth, we are a very organized lot and so it is my pleasure to present to you my gift at this time. Senator Pelz, to help sweeten you up a little more, I have three extra Almond Roca's for you. Thank you, Mr. President."

POINT OF INQUIRY

Senator Deccio: "Senator Goings, does it take you that long to turn down a loan or grant a loan as it did for you to make the speech on your bill?"

Senator Goings: "As you know, as a banker, I take my trade very seriously and we do put in as much time as possible. As you know, with the weather change and the golf courses being green again, that all determines how long it takes."

SECOND READING

SENATE BILL NO. 6214, by Senators Snyder, Newhouse, Rasmussen, Morton, Prince and Hargrove

Defining a temporary growing structure.

MOTIONS

On motion of Senator Rasmussen, Substitute Senate Bill No. 6214 was substituted for Senate Bill No. 6214 and the substitute bill was advanced to second reading and read the second time.

On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 6214 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. 6214.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6214 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42.

Excused: Senators Drew, Finkbeiner, McDonald, Oke, Quigley, Smith and Sutherland - 7.

SUBSTITUTE SENATE BILL NO. 6214, 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. 6286, by Senators Pelz, Deccio, Heavey and Hale

Conferring possessory and lien rights to entities that used dies, molds, forms, and patterns unclaimed.

The bill was read the second time.

MOTION

On motion of Senator Pelz, the rules were suspended, Senate Bill No. 6286 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. 6286.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6286 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42.

Excused: Senators Drew, Finkbeiner, McDonald, Oke, Quigley, Smith and Sutherland - 7.

SUBSTITUTE SENATE BILL NO. 6286, 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 12:00 noon, on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Tuesday, January 30, 1996.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate