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THIRTY-EIGHTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, February 14, 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 Anderson, Fairley, Finkbeiner, Haugen, Loveland, Quigley, Rinehart, Winsley, Wojahn and Zarelli. On motion of Senator Thibaudeau, Senators Fairley, Loveland, Quigley, Rinehart and Wojahn were excused. On motion of Senator Wood, Senators Anderson, Finkbeiner and Zarelli were excused.
The Sergeant at Arms Color Guard, consisting of Pages Craig Hudgins and Kirk Magnoni, presented the Colors. President Pritchard 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 GOVERNOR
GUBERNATORIAL APPOINTMENTS
February 13, 1996
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Elizabeth McLaughlin, appointed February 13, 1996, for a term ending June 30, 2001, as a member of the Gambling Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Labor, Commerce and Trade.
February 13, 1996
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Brian Stiles, appointed February 13, 1996, for a term ending September 30, 2000, as a member of the Board of Trustees for Skagit Valley Community College District No. 4.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
March 12, 1996
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Robert L. Parlette, to be appointed March 12, 1996, for a term ending December 31, 1998, as a member of the Interagency Committee for Outdoor Recreation.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Ecology and Parks.
MESSAGES FROM THE HOUSE
February 12, 1996
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 2049,
SECOND SUBSTITUTE HOUSE BILL NO. 2198,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2279,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2485,
ENGROSSED HOUSE BILL NO. 2510,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2592,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2644,
HOUSE BILL NO. 2665,
SUBSTITUTE HOUSE BILL NO. 2780,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2832,
ENGROSSED HOUSE BILL NO. 2841,
ENGROSSED HOUSE BILL NO. 2853,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2929,
ENGROSSED HOUSE BILL NO. 2951, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 12, 1996
MR. PRESIDENT:
The House has passed:
ENGROSSED FOURTH SUBSTITUTE HOUSE BILL NO. 1481,
SUBSTITUTE HOUSE BILL NO. 2374,
SUBSTITUTE HOUSE BILL NO. 2785, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 12, 1996
MR. PRESIDENT:
The House has passed:
SECOND SUBSTITUTE HOUSE BILL NO. 1938,
HOUSE BILL NO. 2370,
SUBSTITUTE HOUSE BILL NO. 2476,
HOUSE BILL NO. 2668,
SUBSTITUTE HOUSE BILL NO. 2669,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2707,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2723,
SUBSTITUTE HOUSE BILL NO. 2745,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2747,
SUBSTITUTE HOUSE BILL NO. 2748,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2875,
SUBSTITUTE HOUSE BILL NO. 2944, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 13, 1996
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 2504,
SUBSTITUTE HOUSE BILL NO. 2556,
HOUSE BILL NO. 2567,
HOUSE BILL NO. 2734, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
SCR 8430 by Senators Franklin, Deccio, Wojahn, Moyer, Schow, Thibaudeau, Winsley, Rasmussen and Goings
Requiring a study of reimbursement of undercompensated and uncompensated trauma care facilities.
Referred to Committee on Health and Long-Term Care.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
E4SHB 1481 by House Committee on Appropriations (originally sponsored by Representatives Cooke, Lambert, Mielke, Van Luven, Elliot, Schoesler, D. Schmidt, Sherstad, Huff, Buck, Clements, McMorris, Johnson, Blanton, Hickel, Boldt, Backlund, Mulliken, Robertson, Goldsmith, L. Thomas, McMahan, Talcott, Cairnes, Thompson, Beeksma, Benton, Foreman, Sehlin, Sheahan and Mitchell)
Requiring AFDC contracts and making additional changes in public assistance laws.
Referred to Committee on Health and Long-Term Care.
2SHB 1938 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Mielke, Horn and Reams)
Modifying the administration of the responsibilities of self-insurers.
Referred to Committee on Labor, Commerce and Trade.
SHB 2049 by House Committee on Appropriations (originally sponsored by Representatives Sheahan, Padden, Appelwick and Dellwo) ( by request of Administrator for the Courts)
Authorizing Spokane county to add one additional superior court judge.
Referred to Committee on Law and Justice.
2SHB 2198 by House Committee on Appropriations (originally sponsored by Representatives Mastin, Chandler, Schoesler, Lisk, Mulliken, Grant, Honeyford, Koster, Delvin, Robertson, Campbell, Horn and Johnson)
Reopening the water rights claim filing period.
Referred to Committee on Ecology and Parks.
ESHB 2279 by House Committee on Government Operations (originally sponsored by Representatives Hargrove, Chappell, Goldsmith, Hymes, McMahan, Pelesky and Johnson)
Specifying the status of challenged growth management regulations during a period of remand.
Referred to Committee on Government Operations.
HB 2370 by Representatives Honeyford, Grant, Buck, Koster, D. Schmidt, Smith, Sheldon, Clements, Johnson, Benton, Skinner, Fuhrman, Basich, Sherstad, Hargrove, Boldt, Campbell, McMorris, Pennington, Thompson, Mulliken and McMahan
Allowing counties with less than seventy-five thousand population to opt out of growth management planning requirements.
Referred to Committee on Government Operations.
SHB 2374 by House Committee on Education (originally sponsored by Representatives Pelesky, Hargrove, L. Thomas, Hickel, McMahan, Thompson, Sherstad, Goldsmith, Mulliken, Blanton, Hymes, Stevens and Crouse)
Prohibiting payment of striking educational employees.
Referred to Committee on Labor, Commerce and Trade.
SHB 2476 by House Committee on Children and Family Services (originally sponsored by Representatives Boldt, Mulliken, Stevens, Beeksma, Cooke and Goldsmith)
Requiring a determination of paternity for receiving certain benefits.
Referred to Committee on Health and Long-Term Care.
ESHB 2485 by House Committee on Government Operations (originally sponsored by Representatives H. Sommers, Rust, Reams, Scheuerman, Regala, Kessler, Costa, Chopp, Murray, Conway, Valle, Tokuda, Basich, Wolfe, Patterson, Dellwo and Linville)
Reducing property tax assessments in response to government restrictions.
Referred to Committee on Government Operations.
SHB 2504 by House Committee on Education (originally sponsored by Representatives McMahan, Brumsickle, Johnson, Thompson, Elliot, D. Sommers, Sterk, B. Thomas and Goldsmith)
Establishing alternate teacher certification.
Referred to Committee on Education.
EHB 2510 by Representatives Thompson, Quall, L. Thomas, Clements, D. Schmidt, Blanton, Buck, Schoesler, Cairnes and Conway
Changing social card game provisions.
Referred to Committee on Labor, Commerce and Trade.
SHB 2556 by House Committee on Capital Budget (originally sponsored by Representatives Veloria and Kessler)
Financing economic development.
Referred to Committee on Labor, Commerce and Trade.
HB 2567 by Representatives Wolfe, Rust, Scheuerman, Scott, Costa, Chappell, Linville, Dickerson, Romero, McMahan, Murray, Tokuda, Morris and Conway
Notifying the assessor of real property actions.
Referred to Committee on Government Operations.
ESHB 2592 by House Committee on Finance (originally sponsored by Representatives B. Thomas, Morris and Boldt) (by request of Department of Revenue)
Providing consistency to penalty and interest administration of the department of revenue.
Referred to Committee on Ways and Means.
ESHB 2644 by House Committee on Law and Justice (originally sponsored by Representatives Lambert, Valle, Boldt and Thompson)
Concerning child sex offenses.
Referred to Committee on Law and Justice.
HB 2665 by Representative Hargrove
Clarifying the general policy behind regional planning requirements.
Referred to Committee on Government Operations.
HB 2668 by Representatives Hargrove, Sheahan, McMahan, Sterk, Delvin and Thompson
Prescribing procedures for capital punishment sentencing.
Referred to Committee on Law and Justice.
SHB 2669 by House Committee on Government Operations (originally sponsored by Representatives Hargrove, Boldt, Koster, Sherstad, Wolfe, Chappell, Goldsmith, Benton and Johnson)
Revising associations of local governments.
Referred to Committee on Government Operations.
ESHB 2707 by House Committee on Law and Justice (originally sponsored by Representatives Honeyford, Linville, McMahan, Brumsickle, Clements, Sterk, Pelesky, Smith, Delvin, Radcliff, Koster, Silver, Cooke, Blanton, Hymes, McMorris, Basich, Elliot and Johnson)
Adopting provisions to improve school safety.
Referred to Committee on Education.
ESHB 2723 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler and Chappell)
Regulating agricultural activities.
Referred to Committee on Labor, Commerce and Trade.
HB 2734 by Representatives Sterk, Sheahan, Campbell, L. Thomas, McMahan, Sheldon, Sherstad, Cooke, Mulliken, Boldt, McMorris, Thompson, Hargrove, Benton and Johnson
Restricting sex offenders from establishing a residence within a certain distance of a school.
Referred to Committee on Human Services and Corrections.
SHB 2745 by House Committee on Finance (originally sponsored by Representatives Horn, Lisk, Ballasiotes, L. Thomas, Backlund, Mastin, Reams, D. Schmidt, Delvin, Hankins, Foreman, Cooke, Mulliken, Blanton, Hymes, Thompson and Elliot)
Clarifying the taxation of intangible personal property.
Referred to Committee on Ways and Means.
ESHB 2747 by House Committee on Government Operations (originally sponsored by Representatives Mastin, Reams, Silver and Johnson)
Implementing regulatory reform.
Referred to Committee on Government Operations.
SHB 2748 by House Committee on Government Operations (originally sponsored by Representatives Mastin, Reams, Silver and Johnson)
Implementing regulatory reform.
Referred to Committee on Government Operations.
SHB 2780 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Chandler and L. Thomas)
Insuring private schools.
Referred to Committee on Financial Institutions and Housing.
SHB 2785 by House Committee on Government Operations (originally sponsored by Representatives Reams, Chopp, Cairnes, Thompson and Elliot)
Providing a bidding procedure for public works projects in counties.
Referred to Committee on Government Operations.
ESHB 2832 by House Committee on Transportation (originally sponsored by Representatives Chandler, K. Schmidt, Scheuerman and Blanton)
Reinstituting rail service in the Milwaukee Road corridor.
Referred to Committee on Transportation.
EHB 2841 by Representatives Carrell, B. Thomas, Mulliken, Cooke, Hymes, Chandler, Foreman, Hargrove, McMorris, Lambert, Talcott, Mastin, Lisk, Johnson, Clements, Mitchell, Skinner, Sherstad, Koster, K. Schmidt, L. Thomas, Campbell, Smith, Goldsmith, Backlund, Elliot, Boldt, Thompson, McMahan, Dyer, Huff, Carlson, Robertson, Quall, Reams and Hickel
Limiting property tax increases additionally to the rate of inflation.
Referred to Committee on Ways and Means.
EHB 2853 by Representative Boldt
Providing excise tax exemptions related to horses.
Referred to Committee on Agriculture and Agricultural Trade and Development.
ESHB 2875 by House Committee on Agriculture and Ecology (originally sponsored by Representative Chandler)
Creating the Puget Sound management team.
Referred to Committee on Ecology and Parks.
ESHB 2929 by House Committee on Appropriations (originally sponsored by Representatives Carlson, Huff, Jacobsen, Foreman, Sehlin and Silver)
Requiring a higher education distance education network and implementation plan.
Referred to Committee on Higher Education.
SHB 2944 by House Committee on Appropriations (originally sponsored by Representative Dyer)
Affirming and clarifying the legislative authority to treat the initial rate set for refurbished and new nursing facilities as that rate which is established on July 1, 1995, for purposes of applying the eighty-five percent minimum occupancy requirement.
Referred to Committee on Ways and Means.
EHB 2951 by Representatives Carrell, B. Thomas, Chandler, Pennington, Smith, Campbell, Dyer, Mulliken, Pelesky, L. Thomas, Cooke, Thompson, Lisk, Foreman, Huff, Benton, Cairnes, Van Luven, Blanton, D. Schmidt, Radcliff, Brumsickle, Talcott, Backlund, Casada, Sherstad, Boldt, Hymes, Lambert, Beeksma, Delvin, Stevens, Johnson, Sterk, Carlson, Schoesler, Sheahan, Honeyford, Buck, Robertson, McMahan, D. Sommers, Silver, Skinner, Fuhrman, McMorris, Mastin, Koster, Hargrove, Ballasiotes and Sheldon
Reducing property taxes while preserving fair market value as the proper basis of property taxation.
Referred to Committee on Ways and Means.
MOTION
At 10:10 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 11:52 a.m. by President Pritchard.
MOTION
On motion of Senator Kohl, the following resolution was adopted:
SENATE RESOLUTION 1996-8693
By Senators Kohl, Rinehart, Hale, Johnson, Sellar, Goings, Quigley, Winsley, Rasmussen, Long, Haugen, Hochstatter, Fairley, Prentice, Wood, Spanel, Fraser, Sheldon, Drew, Thibaudeau, McAuliffe, Hargrove, Snyder, Franklin, Wojahn, Anderson, McCaslin, Strannigan, Bauer and Sutherland
WHEREAS, Thursday, February 15, 1996, marks the one hundred seventy-sixth anniversary of the birth of Susan Brownell Anthony, reformer and leader of women's suffrage; and
WHEREAS, Susan B. Anthony brought legendary courage, wisdom, and integrity to the cause of women's suffrage and equality; and
WHEREAS, Susan B. Anthony defied male electioneers and faced indictment for illegally voting in 1872; and
WHEREAS, Susan B. Anthony spoke on suffrage legislation before members of the Washington State Territorial Legislature in Olympia, Washington, on October 19, 1871, making her the first woman in the history of the United States to be given the privilege of addressing an assembled Legislature; and
WHEREAS, Following her presentation to the Washington Territorial Legislature, Susan B. Anthony was the guest of Daniel Bigelow, a state lawmaker who was one of the first to support women's suffrage in the Northwest, at what is now Olympia's historic Bigelow Home; and
WHEREAS, Susan B. Anthony helped draft the constitution for the Washington Women's Suffrage Association; and
WHEREAS, Susan B. Anthony was director of the Female Department of the Canajoharie Academy in New York until she resigned her career in education to devote her life to social reform, first organizing the Women's State Temperance Society of New York; and
WHEREAS, Susan B. Anthony, along with Elizabeth Cady Stanton, founded in 1863, the Woman's Loyal National League to petition Congress to advocate full civil and political rights for women and blacks when the Civil War ended; and
WHEREAS, In 1866, Susan B. Anthony and other reformers formed the Equal Rights Association to further their campaign for women's suffrage; and
WHEREAS, In 1867, the reformers took their suffrage campaign to the New York State Constitutional Convention, where the State Legislature refused to consider the issue, but instead gave considerable support to legislation legalizing prostitution; and
WHEREAS, Susan B. Anthony and her suffragettes fought back with lobbying efforts that killed the prostitution bill in committee, and furthermore, eventually secured the first laws in New York state guaranteeing women's rights over their children and control over property and wages; and
WHEREAS, During the presidential campaign in 1872, Susan B. Anthony urged women to claim their rights under the Fourteenth and Fifteenth Amendments by registering and voting in every state in the union; and
WHEREAS, In a colorful display of her remarkable courage, Susan B. Anthony and her three sisters boldly entered a stronghold of men in a Rochester, New York barbershop in 1872, and insisted that they be registered to vote under provisions of the Fourteenth Amendment; and
WHEREAS, On November 5th, Susan B. Anthony entered her polling place and voted the Republican ticket after which she was charged and indicted for voting illegally; and
WHEREAS, Susan B. Anthony voiced her determination and commitment to social movements as she implored a suffragist convention just before her death: "The fight must not cease; you must see that it does not stop!";
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor and remember Susan B. Anthony and emulate her dedication to social reform which led to the passage of the Women's Suffrage Amendment to the United States Constitution in 1920; and
BE IT FURTHER RESOLVED, That Susan B. Anthony be remembered for her courage and determination to work for equal rights for all citizens of America as reflected in Anthony's quote, "It was we, the people, not we, the white male citizens, nor yet we, the male citizens, but we the whole people, who formed this Union. And we formed it not to give the blessings of liberty, but to secure them, not to the half of ourselves and the half of our posterity, but to the whole people--women as well as men."
Senators Kohl and Thibaudeau spoke to Senate Resolution 1996-8693.
MOTION
On motion of Senator Spanel, the Senate reverted to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Prentice, Gubernatorial Appointment No. 9215, Nathan S. Ford, as a member of the Liquor Control Board, was confirmed.
CONFIRMATION OF NATHAN S. FORD
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 2; Excused, 8.
Voting yea: Senators Bauer, Cantu, Deccio, Drew, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West and Wood - 39.
Absent: Senators Haugen and Winsley - 2.
Excused: Senators Anderson, A., Fairley, Finkbeiner, Loveland, Quigley, Rinehart, Wojahn and Zarelli - 8.
MOTIONS
On motion of Senator Wood, Senator Winsley was excused.
On motion of Senator Thibaudeau, Senators Heavey and Pelz were excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2125, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Wolfe, Beeksma, Sterk, Honeyford, Robertson, Chandler, Smith, Pelesky, Kessler, Dyer, D. Sommers, Huff, Radcliff, Dellwo, Scheuerman and Cooke)
Authorizing and implementing interstate banking.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 2125 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 House Bill No. 2125.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2125 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 0; Absent, 2; Excused, 10.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Franklin, Fraser, Goings, Hale, Hargrove, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West and Wood - 37.
Absent: Senators Haugen and Snyder - 2.
Excused: Senators Fairley, Finkbeiner, Heavey, Loveland, Pelz, Quigley, Rinehart, Winsley, Wojahn and Zarelli - 10.
SUBSTITUTE HOUSE BILL NO. 2125, 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 President advanced the Senate to the eighth order of business.
MOTION
On motion of Senator Goings, the following resolution was adopted:
SENATE RESOLUTION 1996-8689
By Senators Goings, Rasmussen, Franklin, Swecker, Wojahn, Smith, Owen, Oke and Haugen
WHEREAS, After several years of hard work, cooperation, and community involvement, Pierce County Fire Districts No. 6, No. 7, and No. 9, serving the 130,000 citizens in the communities of Midland, Parkland, Spanaway, Elk Plain, Summit and South Hill, will become one legally merged fire department on February 15, 1996; and
WHEREAS, The formerly separate districts will now be known as Central Pierce Fire & Rescue; and
WHEREAS, This merger is an historic event in Pierce County, both for firefighters and the people whom they serve and protect; and
WHEREAS, It will make the suppression and prevention of fire and the provision of emergency medical services, the rescue of citizens that much more efficient and effective; and
WHEREAS, These courageous public servants have well earned and are fully deserving of the utmost respect and support of the people; and
WHEREAS, All citizens are cordially invited to join in a public celebration of this forward-thinking and progressive community achievement; and
WHEREAS, This public celebration will take place at the new headquarters station of Central Pierce Fire & Rescue on February 15, 1996, 17520 22nd Avenue East, Tacoma;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Senate of the state of Washington do hereby recognize and congratulate the citizens served by Central Pierce Fire & Rescue, the public officials and private citizens who made this historic merge of fire districts possible , and the firefighters who courageously place themselves between harm and the people they are sworn to protect, upon the creation of Central Pierce Fire & Rescue; and do hereby urge all citizens of Washington to join them in so doing; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate do hereby immediately transmit a copy of this resolution to Central Pierce Fire & Rescue.
Senators Goings and Rasmussen spoke to Senate Resolution 1996-8689.
MOTION
At 12:10 p.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Thursday, February 15, 1996.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate