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TWENTY-FOURTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, January 31, 1996

      The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Bauer, Johnson, Pelz and Swecker. On motion of Senator Anderson, Senators Johnson and Swecker were excused. On motion of Senator Thibaudeau, Senators Bauer and Pelz were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Nini Hayes and Phyllis McElroy, presented the Colors. Reverend Bruce Sanders, pastor of the Capital Vision Christian Church of Olympia, and a guest of Senator Gary Strannigan, 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 30, 1996

SSB 5053           Prime Sponsor, Senate Committee on Government Operations: Modifying real estate disclosure provisions. Reported by Committee on Government Operations

      MAJORITY Recommendation: That Second Substitute Senate Bill No. 5053 be substituted therefor, and the second substitute bill do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Goings, Hale, Heavey, McCaslin and Winsley.

      Passed to Committee on Rules for second reading.

January 29, 1996

SB 5865             Prime Sponsor, Senator Snyder: Assigning the rights of lottery prize winners. Reported by Committee on Labor, Commerce and Trade

      MAJORITY Recommendation: That Substitute Senate Bill No. 5865 be substituted therefor, and the substitute bill do pass. Signed by Senators Pelz, Chair; Heavey, Vice Chair; A. Anderson, Deccio, Franklin, Fraser, McDonald, Newhouse and Wojahn.

      Passed to Committee on Rules for second reading.

January 26, 1996

SB 5879             Prime Sponsor, Senator Winsley: Authorizing regulation of vegetation height on residential lots along shorelines. Reported by Committee on Ecology and Parks

      MAJORITY Recommendation: Do pass. Signed by Senators Fraser, Chair; Fairley, Vice Chair; McAuliffe, Spanel and Swecker.

      Passed to Committee on Rules for second reading.

January 30, 1996

SB 6105             Prime Sponsor, Senator Winsley: Standardizing the recording of documents. Reported by Committee on Government Operations

      MAJORITY Recommendation: That Substitute Senate Bill No. 6105 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Goings, Hale, Heavey, McCaslin and Winsley.

      Passed to Committee on Rules for second reading.

January 30, 1996

SB 6106             Prime Sponsor, Senator Winsley: Advancing the cutoff for candidacy filings. Reported by Committee on Government Operations

      MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Goings, Hale, McCaslin and Winsley.

MINORITY Recommendation: Do not pass. Signed by Senator Heavey.

      Passed to Committee on Rules for second reading.

January 30, 1996

SB 6202             Prime Sponsor, Senator Haugen: Authorizing smaller counties to have five-member boards of county commissioners. Reported by Committee on Government Operations

      MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Goings, Hale, McCaslin and Winsley.

      Passed to Committee on Rules for second reading.

January 30, 1996

SB 6262             Prime Sponsor, Senator Morton: Providing for cougar transport tags. Reported by Committee on Natural Resources

      MAJORITY Recommendation: That Substitute Senate Bill No. 6262 be substituted therefor, and the substitute bill do pass. Signed by Senators Drew, Chair; Spanel, Vice Chair; A. Anderson, Hargrove, Haugen, Morton, Oke, Owen, Snyder, Strannigan and Swecker.

      Passed to Committee on Rules for second reading.

January 29, 1996

SB 6339             Prime Sponsor, Senator Haugen: Concerning the requirements for receipt of an alcohol server permit. Reported by Committee on Labor, Commerce and Trade

      MAJORITY Recommendation: Do pass. Signed by Senators Pelz, Chair; Heavey, Vice Chair; A. Anderson, Deccio, Franklin, Fraser, McDonald, Newhouse and Wojahn.

      Passed to Committee on Rules for second reading.

January 29, 1996

SB 6345             Prime Sponsor, Senator Haugen: Defining "sale" and related terms with regard to gambling act. Reported by Committee on Labor, Commerce and Trade

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Pelz, Chair; Heavey, Vice Chair; A. Anderson, Deccio, Franklin, Fraser, McDonald, Newhouse and Wojahn.

      Passed to Committee on Rules for second reading.

January 30, 1996

SB 6382             Prime Sponsor, Senator Hochstatter: Lowering the business and occupation taxation of the handling of hay, alfalfa, or seed. Reported by Committee on Agriculture and Agricultural Trade and Development

      MAJORITY Recommendation: That Substitute Senate Bill No. 6382 be substituted therefor, and the substitute bill do pass. Signed by Senators Rasmussen, Chair; Loveland, Vice Chair; A. Anderson, Bauer, Morton, Newhouse and Snyder.

      Passed to Committee on Rules for second reading.

January 26, 1996

SB 6395             Prime Sponsor, Senator Snyder: Funding maritime historic restoration and preservation. Reported by Committee on Ecology and Parks

      MAJORITY Recommendation: That Substitute Senate Bill No. 6395 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; Fairley, Vice Chair; Hochstatter, McAuliffe, Spanel and Swecker.

      Passed to Committee on Rules for second reading.

January 30, 1996

SB 6398             Prime Sponsor, Senator Hargrove: Providing for background checks of employees at the special commitment center. Reported by Committee on Human Services and Corrections

      MAJORITY Recommendation: That Substitute Senate Bill No. 6398 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Kohl, Long, Moyer, Prentice, Schow, Smith, Strannigan, Thibaudeau and Zarelli.

      Passed to Committee on Rules for second reading.

January 30, 1996

SB 6407             Prime Sponsor, Senator Sheldon: Filing faxed documents. Reported by Committee on Government Operations

      MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Goings, Hale, Heavey, McCaslin and Winsley.

      Passed to Committee on Rules for second reading.

January 30, 1996

SB 6428             Prime Sponsor, Senator Newhouse: Revising irrigation district mergers. Reported by Committee on Government Operations

      MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Goings, Hale, Heavey, McCaslin and Winsley.

      Passed to Committee on Rules for second reading.

January 26, 1996

SB 6466             Prime Sponsor, Senator Spanel: Allowing construction that has a minor impact on air quality to proceed without a notice of construction or review approval from the department of ecology. Reported by Committee on Ecology and Parks

      MAJORITY Recommendation: That Substitute Senate Bill No. 6466 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; Fairley, Vice Chair; Hochstatter, McAuliffe, Spanel and Swecker.

      Passed to Committee on Rules for second reading.

January 30, 1996

SB 6529             Prime Sponsor, Senator Drew: Requiring the fish and wildlife commission to simplify licensing requirements for recreational hunting and fishing. Reported by Committee on Natural Resources

      MAJORITY Recommendation: That Substitute Senate Bill No. 6529 be substituted therefor, and the substitute bill do pass. Signed by Senators Drew, Chair; Spanel, Vice Chair; A. Anderson, Hargrove, Haugen, Morton, Oke, Owen, Snyder, Strannigan and Swecker.

      Passed to Committee on Rules for second reading.

January 26, 1996

SB 6559             Prime Sponsor, Senator Fraser: Studying the feasibility of developing and maintaining a state-wide benchmarks system. Reported by Committee on Ecology and Parks

      MAJORITY Recommendation: That Substitute Senate Bill No. 6559 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; Fairley, Vice Chair; McAuliffe, Spanel and Swecker.

      Passed to Committee on Rules for second reading.

January 30, 1996

SB 6560             Prime Sponsor, Senator Fraser: Extending for four years the authority to delegate portions of well drilling administration and enforcement to local governments. Reported by Committee on Ecology and Parks

      MAJORITY Recommendation: That Substitute Senate Bill No. 6560 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; Hochstatter, McAuliffe, Spanel and Swecker.

      Passed to Committee on Rules for second reading.

January 30, 1996

SB 6566             Prime Sponsor, Senator Fraser: Increasing the annual snowmobile registration fee. Reported by Committee on Ecology and Parks

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Fraser, Chair; Hochstatter, McAuliffe, Spanel and Swecker.

      Passed to Committee on Rules for second reading.

MESSAGE FROM THE SECRETARY OF STATE

The Honorable President of the Senate

Legislature of the State of Washington

Olympia, Washington 98504

Mr. President:

      As required by Article II, Section 1, of the State Constitution and RCW 29.79.200, we herewith respectfully certify that we have completed the verification of the signatures on Initiative to the Legislature 177, a copy of which was preliminarily certified to you on January 8, 1996, and we have determined that the initiative contains the signatures of at least 196,035 legal voters in the state of Washington. As the number exceeds that required by the State Constitution (181,667), we hereby certify that Initiative to the Legislature 177 is qualified to appear on the state general election ballot unless approved by the Legislature during this session.

IN TESTIMONY WHEREOF, I have hereunto set

(Seal)                                                         my hand and affixed the Seal of the state of Washington,

                                                                   this 30th day of January, 1996.

RALPH MUNRO

Secretary of State

MOTION

      On motion of Senator Spanel, Initiative to the Legislature 177 was referred to the Committee on Education.

INTRODUCTION AND FIRST READING

SB 6746             by Senator Prentice

AN ACT Relating to the credit unions examination fund; and amending 1995 2nd sp.s. c 18 s 125 (uncodified).

Referred to Committee on Financial Institutions and Housing.

SB 6747             by Senators Deccio, Prentice, McAuliffe, Franklin, Newhouse and Moyer

AN ACT Relating to the designation of a nursing home; amending RCW 71A.20.020; and declaring an emergency.

Referred to Committee on Health and Long-Term Care.

SB 6748             by Senators Heavey and Deccio

AN ACT Relating to providing limited circumstances under which a qualifying manufacturer that is a public company may have an indirect interest in property on which a retail liquor licensed premises is located; and amending RCW 66.28.010.

Referred to Committee on Labor, Commerce and Trade.

SB 6749             by Senators Hochstatter, Schow and Oke

AN ACT Relating to making welfare work; amending RCW 74.12.340; reenacting and amending RCW 74.15.020; adding new sections to chapter 74.12 RCW; creating new sections; repealing RCW 74.12.420; and prescribing penalties.

Referred to Committee on Health and Long-Term Care.

SB 6750             by Senators Heavey, Newhouse, Haugen, Oke, Hochstatter, Schow, Rasmussen and Johnson

AN ACT Relating to excise taxation of management entities providing services for casino gambling activity in Washington state; amending RCW 82.04.290; and adding a new section to chapter 82.04 RCW.

Referred to Committee on Labor, Commerce and Trade.

SB 6751             by Senators Roach, Oke and Schow

AN ACT Relating to penalties for arson; reenacting and amending RCW 9.94A.320; and prescribing penalties.

Referred to Committee on Law and Justice.

SB 6752             by Senators Roach and Schow

AN ACT Relating to crimes committed by juveniles; amending RCW 13.40.040, 13.40.050, 13.40.130, 13.40.320, 13.40.185, 13.40.160, 13.40.210, 13.40.025, 13.40.027, 13.40.030, 9A.04.050, 13.40.060, and 13.40.0357; reenacting and amending RCW 13.04.030 and 13.40.020; creating a new section; and prescribing penalties.

Referred to Committee on Law and Justice.

SB 6753             by Senators Oke, Prince, Prentice, Sheldon, Swecker, Wojahn, Deccio, Schow, A. Anderson, Sellar, Winsley, Strannigan, Finkbeiner, Moyer, McDonald, Haugen, Wood and Rasmussen

AN ACT Relating to agreements, advisory vote procedures, and funding for the Tacoma Narrows bridge under the public-private transportation initiatives program; amending RCW 47.46.030 and 47.46.040; and making an appropriation.

Referred to Committee on Transportation.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

      On motion of Senator Smith, Gubernatorial Appointment No. 9150, John Little, as a member of the Human Rights Commission, was confirmed.

APPOINTMENT OF JOHN LITTLE

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.

      Excused: Senators Bauer, Johnson, Pelz and Swecker - 4.

PERSONAL PRIVILEGE

      Senator Zarelli: "Mr. President, I ask for a point of personal privilege. I would like to speak to my fellow Senators and in honor of Senate tradition, that this being my first year in the Washington State Senate, I have placed on your desk a gift from me to you, representative of my district. I wanted to let everybody know how privileged I feel to serve here in the Washington State Senate with each and everyone of you. The farmer who raised these flowers and sells them in his small business is in the gallery today."

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced Benno and Klazina Dobbe from the Holland America Bulb Farm of Woodland, and guests of Senator Zarelli, who were seated in the gallery.

MOTION

      On motion of Senator Smith, Gubernatorial Appointment No. 9156, Hubert Locke, as a member of the Sentencing Guidelines Commission, was confirmed.

      Senators Smith, McCaslin and Kohl spoke to the confirmation of Hubert Locke as a member of the Sentencing Guidelines Commission.

APPOINTMENT OF HUBERT LOCKE

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

      Excused: Senators Bauer, Johnson and Pelz - 3.

MOTION

      On motion of Senator Rasmussen, the following resolution was adopted:

SENATE RESOLUTION 1996-8680

By Senators Rasmussen, Spanel, Cantu, Haugen and Kohl

      WHEREAS, Washington is home to 930 dairy farms and 263,000 dairy cows; and

      WHEREAS, Washington's dairy cows are the third most productive in America, averaging more than 3,800 pounds of milk per cow above the national average; and

      WHEREAS, In the latest statistics, milk production in Washington increased four percent for a total annual production of 5.2 billion pounds in 1994; and

      WHEREAS, Washington's livestock and livestock products established an all-time record high value, with milk as the number one commodity in the category; and

      WHEREAS, Our state's dairy farmers contributed $681 million to the state's economy in 1994, up seven percent from the previous year; and

      WHEREAS, Milk production ranks second in dollar value among all of Washington's bountiful agricultural commodities; and

      WHEREAS, In addition, many of Washington's manufactured dairy products, such as butter, cheeses, and ice cream, have seen remarkable increases in production and value in recent years; and

      WHEREAS, Washington's dairy industry is actually older than the state itself; and

      WHEREAS, The first creamery in Washington was started at Cheney in 1880, at a time when cattle outnumbered territorial residents by more than two to one; and

      WHEREAS, Citizens throughout the state today honor this special industry with the annual Dairy Day celebration at the state capitol; and

      WHEREAS, The Washington State Dairy Federation is the proud sponsor of this observance; and

      WHEREAS, Jada Feddema of Skagit County is representing the dairy industry with distinction as the reigning Washington State Dairy Ambassador; and

      WHEREAS, The Jane and Steve Warner family of Snohomish; the Marv Stremler family of Lynden; the Dick and Olga VanderKooy family of Mt. Vernon; and the Harold and Joni Visser family of Sunnyside are admirably representing the dairy farmers of Washington as the 1996 Washington State Dairy Families of the Year;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate acknowledge and honor the men and women whose work on dairy farms throughout Washington has contributed to the strength and vitality of our state and its economy, the character of our communities, and the well being of our citizens; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the President of the Senate to Washington State Dairy Ambassador Jada Feddema, and to the Warner, Stremler, VanderKooy, and Visser families.

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced Jada Feddema, the Washington State Dairy Ambassador and Alternate Ambassadors, Liska Baldwin and Andrea Van Dyk, who were seated on the rostrum.

      With permission of the Senate, business was suspended to permit Dairy Ambassador Jada to address the Senate.

      The President also welcomed and introduced the Jane and Steve Warner family of Snohomish and the Dick and Olga VanderKooy family of Mt. Vernon, the 1996 Washington Dairy Families of the Year, as well as other members of the Dairy Ambassador delegation, who were seated in the gallery.

MOTION

      At 10:29 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

      The Senate was called to order at 11:56 a.m. by President Pritchard.

MOTION

      On motion of Senator Spanel, the Senate returned to the sixth order of business.

SECOND READING

      SENATE BILL NO. 6166, by Senators Fraser, Swecker, Fairley and Winsley

Changing the name and functions of the Puget Sound Water Quality Authority.

MOTIONS

      On motion of Senator Fraser, Substitute Senate Bill No. 6166 was substituted for Senate Bill No. 6166 and the substitute bill was placed on second reading and read the second time.

      Senator Wood moved that the following amendment by Senators Wood and Fraser be adopted:

      On page 9, beginning on line 5, after "8;" strike all material through "12." on line 9, and insert "and

      (6) RCW 90.70.100 and 1991 c 200 s 502.

      Sec. 7. RCW 43.131.369 and 1990 c 115 s 11 are each amended to read as follows: