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FIFTY-FOURTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, March 7, 1997

      The Senate was called to order at 8:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Finkbeiner, Prince and Sellar. On motion of Senator Hale, Senators Prince and Sellar were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Erica Olson and Kerrick Olson presented the Colors. Elder James Erlandson of the Reorganized Church of Jesus Christ of Latter-Day Saints of Olympia, offered the prayer.


MOTION


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


REPORTS OF STANDING COMMITTEES


March 4, 1997

SB 5084             Prime Sponsor, Roach: Allowing a court to award attorneys' fees and other court costs to an individual or small business that successfully appeals a state agency directive in court. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That Second Substitute Senate Bill No. 5084 be substituted therefor, and the second substitute bill do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Hochstatter, Long, Loveland, McDonald, Roach, Rossi, Schow, Sheldon, Snyder, Swecker, Thibaudeau, Winsley and Zarelli.


      Passed to Committee on Rules for second reading.


March 4, 1997

SB 5240             Prime Sponsor, Senator West: Requiring the governor's signature on proposed agency rules filed with the code reviser. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That Second Substitute Senate Bill No. 5240 be substituted therefor, and the second substitute bill do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Hochstatter, Kohl, Long, McDonald, Roach, Rossi, Schow, Swecker, Winsley and Zarelli.


      Passed to Committee on Rules for second reading.


March 5, 1997

SB 5258             Prime Sponsor, Senator Hochstatter: Providing medical assistance in public schools. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Brown, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli.


      Passed to Committee on Rules for second reading.


March 5, 1997

SB 5284             Prime Sponsor, Senator Long: Providing for additional judges for Snohomish county superior court. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Brown, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli.


      Passed to Committee on Rules for second reading.


March 5, 1997

SB 5288             Prime Sponsor, Senator McCaslin: Creating additional judicial positions in the Spokane superior court. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Brown, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Rossi, Sheldon, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli.


      Passed to Committee on Rules for second reading.



March 5, 1997

SB 5361             Prime Sponsor, Senator Wood: Regulating charter use of Washington state ferries. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Prince, Chair; Benton, Chair; Wood, Vice Chair; Goings, Haugen, Horn, Jacobsen, Morton, Oke, Patterson and Rasmussen.

 

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


      Passed to Committee on Rules for second reading.


March 5, 1997

SB 5470             Prime Sponsor, Senator Rossi: Doubling penalties for passing school buses. Reported by Committee on Transportation


      MAJORITY Recommendation: That Substitute Senate Bill No. 5470 be substituted therefor, and the substitute bill do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson and Rasmussen.


      Passed to Committee on Rules for second reading.


March 5, 1997

SB 5566             Prime Sponsor, Senator Sheldon: Collecting solid waste or recyclables. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson and Rasmussen.


      Passed to Committee on Rules for second reading.


March 5, 1997

SB 5567             Prime Sponsor, Senator Sheldon: Relaxing front end length limits on garbage trucks. Reported by Committee on Transportation


      MAJORITY Recommendation: That Substitute Senate Bill No. 5567 be substituted therefor, and the substitute bill do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson and Rasmussen.


      Passed to Committee on Rules for second reading.


March 4, 1997

SB 5590             Prime Sponsor, Senator Newhouse: Funding a biosolids management program. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass as amended by Committee on Agriculture and Environment. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Brown, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli.


      Passed to Committee on Rules for second reading.


March 5, 1997

SB 5718             Prime Sponsor, Senator Wood: Protecting certain personal information in state motor vehicle and driver records. Reported by Committee on Transportation


      MAJORITY Recommendation: That Substitute Senate Bill No. 5718 be substituted therefor, and the substitute bill do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson and Rasmussen.


      Passed to Committee on Rules for second reading.


March 5, 1997

SB 5922             Prime Sponsor, Senator West: Limiting capital expenditures and public indebtedness on capital projects. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That Substitute Senate Bill No. 5922 be substituted therefor, and the substitute bill do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Hochstatter, Long, Loveland, McDonald, Roach, Rossi, Schow, Sheldon, Snyder, Swecker and Zarelli.


      Passed to Committee on Rules for second reading.


MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON ENGROSSED SENATE BILL NO. 7902

March 6, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Engrossed Senate Bill No. 7902 entitled:

"AN ACT Relating to lowering business and occupation tax rates;"

      This legislation would reduce the business and occupation (B&O) tax rates on services to the pre-1993 level of 1.5 percent. In addition, the B&O tax credit for research and development is made consistent with the B&O tax rates established in this bill. This legislation would reduce General Fund revenues by $193.3 million for the 1997-99 biennium.

      I believe Washington's citizens deserve reasonable, fair and sustainable tax reform that does not jeopardize future investments in education and public safety, and that tax reform should also provide for the maintenance of a healthy economy for future generations. I would have preferred to roll back the B&O tax to pre-1993 levels beginning July 1, 1997. However, this bill, in combination with previously proposed property tax legislation, reduces the General Fund-State revenues by more than $400 million in the 1997-99 biennium. The size of the total reduction is not compatible with my proposed budget for state spending, which balances revenues and expenses. Enactment of Senate Bill No. 7902 would require reductions in my proposed enhancements in education, further reductions in human services, or a lower ending fund balance, all of which I do not support.

      I am committed to reducing the B&O tax to pre-1993 rates, and have introduced Senate Bill No. 6024 which would do so beginning July 1, 1998. My legislation would reduce revenues by $94.3 million in the 1997-99 biennium, an integral part of my tax reduction and budget plan.

      In light of the many other tax-cut proposals suggested by the Legislature and my own priority on education, Senate Bill No. 6024 is the most reasonable way to achieve the B&O tax rollback.

      For these reasons I have vetoed Engrossed Senate Bill No. 7902, and urge you to support Senate Bill No. 6024.

Respectfully submitted,

GARY LOCKE, Governor

MOTION


      On motion of Senator Johnson, the Veto Message on Engrossed Senate Bill No. 7902 was held on the desk.


MESSAGES FROM THE HOUSE

March 5, 1997

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE HOUSE BILL NO. 1033,

      SUBSTITUTE HOUSE BILL NO. 1174,

      SUBSTITUTE HOUSE BILL NO. 1200,

      SUBSTITUTE HOUSE BILL NO. 1212,

      SUBSTITUTE HOUSE BILL NO. 1313,

      HOUSE BILL NO. 1431,

      HOUSE BILL NO. 1590,

      HOUSE BILL NO. 1604,

      SUBSTITUTE HOUSE BILL NO. 1632,

      SUBSTITUTE HOUSE BILL NO. 1693, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 6, 1997

MR. PRESIDENT:

      The House has passed:

      HOUSE BILL NO. 1457,

      HOUSE BILL NO. 1458,

      HOUSE BILL NO. 1459,

      SUBSTITUTE HOUSE BILL NO. 1499,

      HOUSE BILL NO. 1500,

      SUBSTITUTE HOUSE BILL NO. 1510,

      SUBSTITUTE HOUSE BILL NO. 1535,

      SUBSTITUTE HOUSE BILL NO. 1585,

      SUBSTITUTE HOUSE BILL NO. 1586,

      HOUSE BILL NO. 1610,

      HOUSE BILL NO. 1611,

      SUBSTITUTE HOUSE BILL NO. 1620,

      HOUSE BILL NO. 1684,

      HOUSE BILL NO. 1743,

      HOUSE BILL NO. 1761,

      HOUSE BILL NO. 1802,

      HOUSE BILL NO. 1810, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


INTRODUCTION AND FIRST READING

 

SB 6054             by Senator West

 

AN ACT Relating to unemployment compensation eligibility for educational employees; and amending RCW 50.44.050 and 50.44.053.

Referred to Committee on Ways and Means.

 

SB 6055             by Senators Swecker, Hargrove, Strannigan, Zarelli, Hochstatter, Stevens, Oke and Anderson

 

AN ACT Relating to limiting public funding for abortions; amending RCW 9.02.100, 9.02.110, and 9.02.140; adding a new section to chapter 9.02 RCW; repealing RCW 9.02.160; and declaring an emergency.

Referred to Committee on Law and Justice.


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

SHB 1033          by House Committee on Agriculture and Ecology (originally sponsored by Representatives Schoesler, Honeyford, Sheahan, Grant and Chandler)

 

Revising requirements for grain facilities under the Washington clean air act.

 

Referred to Committee on Agriculture and Environment.

 

SHB 1174          by House Committee on Government Administration (originally sponsored by Representatives Koster, Dunn, McMorris and Boldt)

 

Extending less than county-wide port districts.

 

Referred to Committee on Government Operations.

 

SHB 1200          by House Committee on Government Administration (originally sponsored by Representatives Buck, D. Schmidt and Dunn)

 

Revising the code of ethics for municipal officers.

 

Referred to Committee on Government Operations.

 

SHB 1212          by House Committee on Government Administration (originally sponsored by Representatives D. Schmidt, Scott, Mielke and Dunn)

 

Making corrections regarding combining water-sewer districts.

 

Referred to Committee on Government Operations.

 

SHB 1313          by House Committee on Law and Justice (originally sponsored by Representatives McDonald, Sheahan, Bush, Robertson, Conway, Lantz and Talcott)

 

Providing for additional judges for the Pierce county superior court.

 

Referred to Committee on Law and Justice.

 

HB 1431            by Representatives Skinner, Romero, Honeyford, Linville and Costa

 

Designating significant historic places.

 

Referred to Committee on Government Operations.

 

HB 1457            by Representatives Chandler, Fisher and Zellinsky (by request of Department of Licensing)

 

Regulating the issuance and cost of permits and certificates issued by the department of licensing.

 

Referred to Committee on Transportation.

 

HB 1458            by Representatives Zellinsky, Fisher and Robertson (by request of Department of Licensing)

 

Regulating vehicle and vessel licensing.

 

Referred to Committee on Transportation.

 

HB 1459            by Representatives Cairnes, Fisher and Chandler (by request of Department of Licensing)

 

Regulating licensees of the department of licensing.

 

Referred to Committee on Transportation.

 

SHB 1499          by House Committee on Trade and Economic Development (originally sponsored by Representatives Schoesler, Sheahan, Doumit, Morris, Tokuda, Kessler, Scott and Dickerson) (by request of Department of Community, Trade, and Economic Development)

 

Establishing a rural development council.

 

Referred to Committee on Commerce and Labor.

 

HB 1500            by Representatives Mastin, Grant, Doumit and Kessler (by request of County Road Administration Board)

 

Revising eligibility for rural arterial programs.

 

Referred to Committee on Transportation.

 

SHB 1510          by House Committee on Government Administration (originally sponsored by Representatives Wensman, D. Schmidt, Scott, Doumit and Cooper)

 

Regulating statements of financial matters.

 

Referred to Committee on Government Operations.

 

SHB 1535          by House Committee on Health Care (originally sponsored by Representatives Sherstad, Cody, Dyer, Murray, Cooke, O'Brien, Cooper, Wolfe, Cole, Veloria, Butler, Ogden, Anderson, Mason and Van Luven)

 

Declaring a naturopath a health care practitioner for certain purposes.

 

Referred to Committee on Health and Long-Term Care.

 

SHB 1585          by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Huff, L. Thomas, Clements, H. Sommers, Wolfe and Carlson) (by request of State Investment Board)

 

Authorizing the state investment board to delegate certain powers and duties.

 

Referred to Committee on Financial Institutions, Insurance and Housing.

 

SHB 1586          by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Huff, L. Thomas, Clements, H. Sommers, Wolfe and Carlson) (by request of State Investment Board)

 

Authorizing the state investment board to create public entities for the purposes of handling real estate and other investment assets.

 

Referred to Committee on Financial Institutions, Insurance and Housing.

 

HB 1590            by Representatives Dyer and Backlund

 

Defining health plan.

 

Referred to Committee on Health and Long-Term Care.

 

HB 1604            by Representatives Cairnes, O'Brien, Radcliff, Hankins, Mielke, K. Schmidt, Fisher, Mitchell, Skinner, Johnson, Hatfield, Buck and Clements

 

Clarifying advertising requirements for limousines.

 

Referred to Committee on Transportation.

 

HB 1610            by Representatives DeBolt, Poulsen, Mastin, Hankins and Kessler (by request of Utilities and Transportation Commission)

 

Exempting regulated utilities from seeking commission preapproval of some short-term notes having a maturity of twelve or fewer months.

 

Referred to Committee on Energy and Utilities.

 

HB 1611            by Representatives DeBolt, Poulsen, Mastin, Hankins and Kessler (by request of Utilities and Transportation Commission)

 

Allowing a telecommunications company to reduce a rate or charge in a more streamlined manner.

 

Referred to Committee on Energy and Utilities.

 

SHB 1620          by House Committee on Health Care (originally sponsored by Representatives Dyer, Zellinsky, Cody, Skinner, Backlund and Sherstad)

 

Abrogating the corporate practice of medicine doctrine.

 

Referred to Committee on Health and Long-Term Care.

 

SHB 1632          by House Committee on Government Administration (originally sponsored by Representatives D. Schmidt, Scott, Reams, Kenney, Blalock, Dickerson, Wood, Ogden, Costa, Dunn, Tokuda, Butler and Cole) (by request of Attorney General Gregoire)

 

Establishing a study group to determine whether further training for state investigators is needed.

 

Referred to Committee on Government Operations.

 

HB 1684            by Representatives Carlson, Radcliff, Mason, Kessler, Ogden, O'Brien, Kenney and Costa (by request of State Board for Community and Technical Colleges)

 

Requiring only collected building fees of community and technical colleges to be paid to the state treasury.

 

Referred to Committee on Higher Education.

 

SHB 1693          by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas and Wolfe)

 

Allowing credit for reinsured ceded risks.

 

Referred to Committee on Financial Institutions, Insurance and Housing.

 

HB 1743            by Representatives Dyer, Cody, Kenney, Cooke and Blalock

 

Allowing the department of community, trade, and economic development to adopt rules to carry out the long-term care ombudsman program.

 

Referred to Committee on Health and Long-Term Care.

 

HB 1761            by Representatives D. Schmidt, Scott, Talcott and Lambert

 

Revising provisions for mutual aid and interlocal agreements.

 

Referred to Committee on Government Operations.

 

HB 1802            by Representatives Hankins, Fisher and Mitchell (by request of Utilities and Transportation Commission)

 

Requiring auto transport companies to report revenues to the UTC on a yearly basis.

 

Referred to Committee on Transportation.

 

HB 1810            by Representatives D. Sommers, Carlson, Radcliff, H. Sommers, Talcott, Ogden, Mielke and Pennington

 

Revising provision for funding additional education centers.

 

Referred to Committee on Education.


MOTION


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


SENATE RESOLUTION 1997-8631


By Senators Swanson, Kohl, Fairley, Franklin, Spanel, Benton, Thibaudeau, Long, Jacobsen, Winsley, Wojahn, Patterson, McAuliffe, Sheldon, Hale, Deccio, Hochstatter, Swecker, Wood and Rasmussen


      WHEREAS, Women of every age, race, ethnicity, religion, sexual orientation, economic status, occupation, and degree of ability or disability have made considerable contributions to the growth and development of our communities, states, country, and nations around the world; and

      WHEREAS, Women have played a critical role in the social, cultural, and spiritual development of communities around the globe; and

      WHEREAS, Women of all backgrounds have constituted significant portions of the labor force, whether working outside or inside the home, whether paid or as a volunteer and have played a critical role in the nurturing of our children; and

      WHEREAS, Women have served as leaders of progressive, social movements to secure individual rights and freedoms; and

      WHEREAS, Women have been largely unrecognized and undervalued for their historical and contemporary scientific, governmental, literary, and artistic accomplishments; and

      WHEREAS, Women continue to experience day-to-day discrimination and continue to be victims of violence around the globe; and

      WHEREAS, Women continue to lead efforts to eliminate discrimination and violence against all people and to promote equality, security and peace; and

      WHEREAS, Washington State has always been a champion of womens' rights and a national leader in promoting progress for women, having been one of the first states to grant suffrage to women, having the highest proportion of women legislators of any state legislature in the history of the United States; and

      WHEREAS, 1997 is the eighty-seventh anniversary of womens' suffrage in Washington State and the seventy-seventh anniversary of womens' suffrage in the United States; and

      WHEREAS, The United States of America, as a world leader, recognized the critical role of women in America by establishing March as National Women’s History Month; and

      WHEREAS, The United Nations has proclaimed March 8 to be International Womens' Day since 1975; and

      WHEREAS, The 1995 Fourth World Conference on Women in Beijing brought together over 47,000 women and men from one hundred eighty-nine countries who unanimously agreed that inequalities between women and men persist around the world with serious consequences to the well-being of all people.

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honors and celebrates the women of our state, country, and the world, and recognizes March 8 as International Womens' Day and March as National Womens' History Month.


MOTION


      On motion of Senator Johnson, the Senate reverted to the sixth order of business.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator McCaslin, Gubernatorial Appointment No. 9127, Evelyn P. Yenson, as Director of the Department of Licensing, was confirmed.


APPOINTMENT OF EVELYN P. YENSON


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.                   Absent: Senator Finkbeiner - 1.             Excused: Senators Prince and Sellar - 2.

MOTION


      On motion of Senator Swecker, Senator Finkbeiner was excused.


MOTION


      On motion of Senator McCaslin, Gubernatorial Appointment No. 9212, Linda G. Tompkins, as a member of the Transportation Commission, was confirmed.

      Senators McCaslin, Wood and Brown spoke to the confirmation of Linda G. Tompkins as a member of the Transportation Commission.


APPOINTMENT OF LINDA G. TOMPKINS


      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, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.   Excused: Senators Finkbeiner, Prince and Sellar - 3.

MOTION


      On motion of Senator Deccio, Gubernatorial Appointment No. 9122, Bruce Miyahara, as Secretary of the Department of Health, was confirmed.

      Senators Deccio and Prentice spoke to the confirmation of Bruce Miyahara as Secretary of the Department of Health.


APPOINTMENT OF BRUCE MIYAHARA


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.    Excused: Senators Prince and Sellar - 2.

SECOND READING


      SENATE BILL NO. 5183, by Senators Roach, Fairley and Winsley

 

Allowing an interlocal agreement between a county and municipality to transfer jurisdiction over a defendant.


MOTIONS


      On motion of Senator Roach, Substitute Senate Bill No. 5183 was substituted for Senate Bill No. 5183 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 5183 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Franklin, Senator Goings was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5183.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5183 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.   Excused: Senators Goings, Prince and Sellar - 3.  SUBSTITUTE SENATE BILL NO. 5183, 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. 5064, by Senators Roach, Haugen, Johnson, Winsley and Rossi (by request of Secretary of State Munro) 

Regulating the dissolution of limited partnerships.


MOTION


      Senator Roach moved that Senate Bill No. 5064 not be substituted.

      The President declared the question before the Senate to be the motion by Senator Roach that Senate Bill No. 5064 not be substituted.

      The motion by Senator Roach carried and Senate Bill No. 5064 was not substituted.


      Senate Bill No. 5064 was read the second time.


MOTION


      On motion of Senator Roach, the rules were suspended, Senate Bill No. 5064 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Hale, Senator McCaslin was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5064.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5064 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.  Excused: Senators Goings, McCaslin, Prince and Sellar - 4.                SENATE BILL NO. 5064, 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. 5267, by Senators Horn, Heavey, Schow and Newhouse (by request of Department of Licensing)

 

Correcting real estate brokers and salespersons statutes for administrative and practical purposes.


MOTIONS


      On motion of Senator Schow, Substitute Senate Bill No. 5267 was substituted for Senate Bill No. 5267 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 5267 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. 5267.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5267 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.   Excused: Senators Goings, Prince and Sellar - 3.  SUBSTITUTE SENATE BILL NO. 5267, 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. 5223, by Senators Roach, Winsley, Long, Loveland, Bauer, Franklin, Fraser and McAuliffe (by request of Joint Committee on Pension Policy)

 

Changing teachers' retirement system plan III contribution rates.


      The bill was read the second time.

MOTION


      On motion of Senator West, the rules were suspended, Senate Bill No. 5223 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. 5223.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5223 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.    Excused: Senators Prince and Sellar - 2.               SENATE BILL NO. 5223, 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. 5312, by Senators Wood, Haugen and Prince (by request of Department of Transportation)

 

Facilitating sale of materials from department of transportation lands.


MOTIONS


      On motion of Senator Wood, Substitute Senate Bill No. 5312 was substituted for Senate Bill No. 5312 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Wood, the rules were suspended, Substitute Senate Bill No. 5312 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. 5312.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5312 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.    Excused: Senators Prince and Sellar - 2.               SUBSTITUTE SENATE BILL NO. 5312, 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. 5365, by Senators Snyder, West, Loveland, Brown, Rasmussen, Fairley, Spanel, Hargrove, Sheldon, Roach, Fraser, Wojahn, Franklin, Kline, Oke and Schow

 

Prohibiting disability retirement benefits resulting from criminal conduct.


MOTIONS


      On motion of Senator Snyder, Substitute Senate Bill No. 5365 was substituted for Senate Bill No. 5365 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 5365 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. 5365.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5365 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.          Excused: Senator Prince - 1.  SUBSTITUTE SENATE BILL NO. 5365, 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. 5089, by Senators Roach, Zarelli, Swecker and Hochstatter

 

Requiring previous bail jumpers to post bail.


MOTIONS


      On motion of Senator Roach, Substitute Senate Bill No. 5089 was substituted for Senate Bill No. 5089 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 5089 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. 5089.


ROLL CALL

 

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5089 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.          Excused: Senator Prince - 1.  SUBSTITUTE SENATE BILL NO. 5089, 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. 5163, by Senators Haugen and Schow

 

Filing financing statements.


      The bill was read the second time.


MOTION


      Senator Winsley moved that the following amendments by Senator Kline be considered simultaneously and be adopted:

      On page 1, line 13, after "lapse.", strike “At the time of” and insert, “Immediately following a date which is four and one-half years after      On page 1, line 15, after "statement.", insert the following:   Failure to provide this notice does not give rise to a cause of action against the state or its officers or employees.          Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Kline on page 1, lines 13 and 15, to Senate Bill No. 5163.

      The motion by Senator Winsley carried and the amendments by Senator Kline were adopted.


MOTION


      On motion of Senator Winsley, the rules were suspended, Engrossed Senate Bill No. 5163 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. 5163.


ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5163 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.          Excused: Senator Prince - 1.  ENGROSSED SENATE BILL NO. 5163, 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.


      EDITOR’S NOTE: See Personal Privilege remarks by Senator Sellar, later in the day, for further remarks on the history of the Senate.


HISTORICAL SIGNIFICANCE


      Senator Snyder: "Mr. President, I rise to a point--I guess I'll call it historical significance. The 1927 Legislature convened in the old building down town and they spent the first fifty-six days there. On March 7, 1927, which happened to be the fifty-seventh day instead of what we are on--the fifty-fourth, they convened in the building down town at nine o'clock and recessed and marched up the hill and reconvened in a joint session in the Senate. It was raining like hell, but I remember it cleared off and was sunny as we came up the hill.

      "I just thought that we should note that they did come up and they had a joint session in the Senate Chambers. The journal is rather vague, except that the Governor spoke and all the members of the Capitol Committee and they had a University of Washington group that sang songs and so forth. I went back in the manuals and in the journals and dug a little thing. There were ninety-seven members in the House. Eighty-eight of them were Republicans, eight were Democrats and there was one Progressive. In the Senate, there were forty Republicans and two Democrats. I don't know which was the minority leader and which one was the caucus chair. It doesn't say that. There were thirty-two farmers in the House and one of them called himself a city farmer. Irv, I don't know what a city farmer is. There were twelve farmers in the Senate. They had fifteen attorneys in the House and nine in the Senate. The first woman elected to the Senate and serving, from Spokane, was a lady by the name of Reba Hurn. She had been elected four years prior to that.

      "There were a few names that you might know--some of us who have been around--Irv and myself. There was a twenty-two year old member in the House of Representatives from Rainier, Washington, a fellow by the name of Chester Blesen. Chester lobbied around here for a lot of years for the city of Seattle, after that. The chairman of the Appropriations Committee in the House was a fellow by the name of Goldsworthy. His son later served in the Legislature. Vic Zednick was Secretary of the Senate. Vic was later a member here and he was a member of the House back in about 1911 or 1913. There was a gentleman by the name of John Jones that served from Waterville. I remember John Jones; he was a member over the years--for a lot of years. They called him Jack Rabbit Jones and I remember he told me about when they walked up the hill, they carried their bill books. They must not have had very many bills introduced in those days if they could carry their bill books up the hill.

      “I just thought that probably today shouldn't pass without mentioning this. By the way, I mentioned Chester Blesen was twenty-two, yet the youngest member in the Senate, that session, was forty-one and there was only one member over seventy and that was seventy-four. The rest of them were in that forty, fifty, sixty category.

      "At 10:00 o'clock, seventy years ago today is when they first met in this building in a joint session in the Senate. Thank you."


REMARKS BY THE PRESIDENT


      President Owen: "Thank you, Senator Snyder. What position did you hold at that time?"


REMARKS BY SENATOR LOVELAND


      Senator Loveland: "Thank you, Mr. President. I am a history buff myself and one of the things that I am most concerned about is us losing the information and losing the perspective of what goes on here. Therefore, Mr. President, I would ask that Senator Snyder's remarks be spread across the Journal."


REPLY BY THE PRESIDENT


      President Owen: "Hearing no objection, so ordered. It is our intent to put Senator Snyder in the archives, as well."


REMARKS BY SENATOR WOOD

 

      Senator Wood: "Thank you, Mr. President. I just wanted to add one little piece to what Senator Snyder said about Reba Hurn, the first woman Senator. At the end of her term, the gentlemen in the Senate--the Senators--gave her a diamond pin for keeping her place and acting like a lady."


REMARKS BY SENATOR McCASLIN


      Senator McCaslin: "Thank you, Mr. President. Senator Snyder, it was really nice to bring that information to us. You talked about that forty to two ratio and I sat here and drooled--you know, wishful thinking. Really, I am curious about how did that guy get the name Jack Rabbit?"


REMARKS BY SENATOR WOJAHN


      Senator Wojahn: "Thank you, Mr. President. Speaking about Reba Hurn from Spokane--she became a senior member of the Senate and wanted a spot on the Rules Committee, as I remember the history of this. The gentlemen on Rules said, 'You wouldn't like to be on Rules, because we put our feet on the desk and we spit on the floor and in the spittoons and sometimes miss and we smoke cigars. But she insisted on being on it. She was a ranking member, so they reduced the number on the Rules Committee, so there was one less, so she couldn't get on. Then, they made her chairman of drainage, dikes and ditches, but they didn't give her any bills, so that is the story of Reba Hurn, one of our first women in the State Legislature."


MOTION


      At 9:21 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.


      The Senate was called to order at 10:10 a.m. by President Owen.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator McCaslin, Gubernatorial Appointment No. 9125, Annette Sandberg, as Chief of the Washington State Patrol, was confirmed.

      Senators McCaslin, Hale, Wood, Prentice, Rasmussen, Thibaudeau and Roach spoke to the confirmation of Annette Sandberg as Chief of the Washington State Patrol.


APPOINTMENT OF ANNETTE SANDBERG


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 47.    Voting nay: Senator West - 1.               Excused: Senator Prince - 1.

SECOND READING


      SENATE BILL NO. 5033, by Senator Roach

 

Providing a rebuttable presumption that the possessor of stolen access devices, checks, or drafts has knowledge that they are stolen.


MOTIONS


      On motion of Senator Roach, Substitute Senate Bill No. 5033 was substituted for Senate Bill No. 5033 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Roach, the following amendment was adopted:

      On page 6, after line 3, insert the following:          "Sec. 4. RCW 9A.56.040 and 1995 c 129 s 12 are each amended to read as follows:      (1) A person is guilty of theft in the second degree if he or she commits theft of:                 (a) Property or services which exceed(s) two hundred and fifty dollars in value other than a firearm as defined in RCW 9.41.010, but does not exceed one thousand five hundred dollars in value; or             (b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or      (c) An access device; or          (d) A motor vehicle, of a value less than one thousand five hundred dollars; or      (e) A check or draft.               (2) Theft in the second degree is a class C felony.”               Renumber the remaining section consecutively.

MOTION


      Senator Fairley moved that the following amendment be adopted:

      On page 6, beginning on line 4, strike all of section 4            Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Fairley on page 6, beginning on line 4, to Substitute Senate Bill No. 5033.

      The motion by Senator Fairley failed and the amendment was not adopted on a rising vote.


MOTIONS


      On motion of Senator Roach, the following title amendment was adopted:

      On page 1, line 2 of the title, after "9A.56.140," strike "and 9A.56.010" and insert "9A.56.010, and 9A.56.040"                On motion of Senator Roach, the rules were suspended, Engrossed 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.


POINT OF INQUIRY


      Senator Franklin: “Senator Roach, I carry checks with different numbers in my possession all of the time. How would this affect me?”

      Senator Roach: “Senator Franklin, presumedly, those checks have your name or the account of something that you would control. So, it would be no problem, at all, for you. We are talking about, for instance, an individual driving a car pulled over for, maybe a traffic infraction, and someone just glances in the back seat and sees a pile of checks which is something that occurs often. If the checks have multiple references, in terms of the bank numbers--obviously, these checks did not belong to the person driving the car and they are not a store keeper on the way to the bank. We need to crack down on this. I am with you. I have, probably five different accounts--my husband and I, myself, my campaign, and so forth and so forth. Many people share that, but those are our accounts. If they have been sold--and those accounts are not yours--it is a very serious offense.

      “Remember, there is more money lost in this fashion than with credit cards theft. To mention one more thing, all of law enforcement is supporting this bill. Every law enforcement agency in the state of Washington--the Washington State Association of Prosecuting Attorneys and financial institutions are also supporting this bill.”


REMARKS BY THE PRESIDENT


      President Owen: “Senator Roach, you are going beyond answering the question. Members can only speak once.”


POINT OF INQUIRY


      Senator Loveland: “Senator Roach, did I hear you say that the Prosecutor’s Association supported this?”

      Senator Roach: “My recollection is ‘yes,’ and I have down in my notes, the Washington State Association of Prosecuting Attorneys were in favor of the bill.”

      Further 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. 5033.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5033 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 10; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 38.   Voting nay: Senators Brown, Fairley, Kline, Loveland, McAuliffe, Prentice, Spanel, Swanson, Thibaudeau and Wojahn - 10.            Excused: Senator Prince - 1.  ENGROSSED 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.


MOTION


      On motion of Senator Wojahn, all the remarks on Engrossed Substitute Senate Bill No. 5075 will be spread on the Journal.


SECOND READING


      SENATE BILL NO. 5075, by Senators Swecker and Rasmussen

 

Regulating use activities.


MOTION


      On motion of Senator Swecker, Substitute Senate Bill No. 5075 was substituted for Senate Bill No. 5075 and the substitute bill was placed on second reading and read the second time.


MOTION BY SENATOR SWECKER


      Senator Swecker: “I move that the following amendment be adopted:

      On page 1, line 16, after “area” strike “of equal size"

REMARKS BY SENATOR SWECKER


      Senator Swecker: “Thank you, Mr. President. The underlying bill directs the counties and local jurisdictions to set aside certain lands for aquaculture to occur. One of the criticisms of the bill was that it was too restrictive in terms of the county’s options, so I am striking the words ‘of equal size; to give the counties a lot more flexibility in how they actually perform this duty, and I urge your support of the amendment.”

      The President declared the question before the Senate to be the adoption of the amendment by Senator Swecker on page 1, line 16, to Substitute Senate Bill No. 5075.

      The motion by Senator Swecker carried and the amendment was adopted.


MOTION BY SENATOR SPANEL


      Senator Spanel: “I move adoption of the following amendment by Senators Spanel and Haugen:

      On page 1, line 6, strike everything beginning with "is" through "permits." on page 2, line 5, and insert the following:           "is dependent on the use of the water area. Potential locations for aquaculture are relatively restricted due to specific requirements for water quality, temperature, flows, oxygen content, adjacent land uses, wind protection, commercial navigation, and, in marine waters, salinity. Local shoreline master plans should therefore recognize the potential impact of aquaculture on existing uses and natural systems.              (2) The legislature further finds that:             (a) aquacultural activities and structures should be located in areas where the navigational access of upland owners, recreational boaters and commercial traffic is not significantly restricted. Recognition should be given to the possible detrimental impact aquacultural development might have on the visual access of upland owners and on the general aesthetic quality of the shoreline area; (b) aquacultural development may adversely impact the value of shorefront properties, and the value of such real property may be the principal asset for many Washington residents;                   (c) as aquaculture technology expands with increasing knowledge and experience, emphasis should be placed on structures which do not significantly interfere with navigation or impair the aesthetic quality of Washington shorelines; and    (d) water surface, column, and bedland areas suitable for aquaculture are limited to certain sites. Theses sites are subject to pressures from competing uses and degradation of water quality. The shoreline program is intended to provide a comprehensive land and water use plan which will reduce these conflicts and provide for appropriate uses. Therefore, a special effort should be made through the shoreline management program to identify and resolve resource use conflicts and resource management issues in regard to use of identified sites."

REMARKS BY SENATOR SPANEL


      Senator Spanel: “This amendment is offered to try to make the bill a little bit better, in fact, a lot better. In statute right now, under the shoreline management plan, there are water dependent uses of the shorelines that is a preferred use. Those particular preferred uses are then addressed further in WACs. What this bill does, is put part of the WACs into statute. What this amendment does is put some more of the WACs into statute which would clarify the uses of, some definitions, about aquaculture.

      “For any of you who represent shoreline, people living on shoreline properties, counties that have shorelines, shoreline property, this bill should be of much interest to you. And if we are going to pass it, it is essential that this amendment pass, as it will define some potential locations for aquaculture, some different definitions of what counties need to look at when they do their master programs. I ask for your support of this amendment.”


REMARKS BY SENATOR SWECKER


      Senator Swecker: “Thank you, Mr. President. I rise in opposition to this amendment. Many of the provisions that are contained in this amendment are highly directive toward local master program planning. And again, it's my intent with the legislation, to give the local governments the maximum amount of flexibility. I think it's inappropriate for us to superimpose these kinds of requirements on local government, and I urge you oppose--vote ‘no’--on this amendment.”


REMARKS BY SENATOR HAUGEN


      Senator Haugen: “Thank you, Mr. President. Well, I would encourage you to vote for this amendment. I think few people realize that this bill is probably one of the biggest mandates we're going to be putting on local government, but it is truly unfunded. Now, the way the bill is drafted, it says that they must revisit the shoreline management amendments. I asked the Department of Ecology how many times do they amend their shorelines plans. Well, actually, of the two hundred and forty cities and counties in the state that have shoreline management



plans, about twenty to twenty-five of them amend them every year. This bill says that if you do that, then you first before you do anything, no matter whether it's to put in a port or anything else, you first must go back and deal with your aquaculture amendment, and make sure that you allow for siting. Well, now, our good friend will say that that is not a problem.

      “Well, I want to share with you my file. Here's my file on just Skagit County, alone--Skagit County alone. It is a huge process that Skagit County has to go through. They have to have public hearings, and believe me, they're not pleasant public hearings. They have to adopt these and then they go to the Shoreline Management Board, and then, in fact, Skagit County. After two years, they are now in court. They are now in court. It is a huge impact for a county to go through this process. This bill says, 'Folks, you've got to go through it. Anytime you make any kind of revision to your shoreline plan, you've got to go through this process again.' Now, for many of you who do not represent areas that are surrounded by water, this doesn't mean much to you, but this is a huge mandate. This amendment truly does help local government. It will take the sting out, but it also takes the mandate out. I urge your support.”

 

REMARKS BY SENATOR KLINE


      Senator Kline: “Thank you, Mr. President. It's ironic that we often hear from the other side of the aisle that growth management, as it's presently constituted, is primarily directed towards local government. The fact is that the growth management act has historically allowed--historically in the last four to six years--allowed local governments to choose those areas in which they're going to have greater environmental protections and those areas in which they'll allow greater density. To say that this amendment is highly directive of local government is to forget what is being amended out. Let me read, for example, from section 3 of the language which would be amended out under this amendment: ‛Each local government shall revise the local master program to comply with this. Any other amendments to the local master program shall be held in abeyance until the master program is revised to comply with this section.' In other words, whatever other local problems you have that you're dealing with in your current local program, forget about it until you deal first with aquaculture.

      “I understand that there is some sympathy for the feeling that growth management as it's proceeded on the state level is a little too directive. But that's the evil which this amendment seeks to cure. It's the language of the bill that is so highly directive against local government's flexibility. I certainly urge a 'yes' vote on the amendment. Thank you.”


REMARKS BY SENATOR SPANEL


      Senator Spanel: “To close debate on this amendment. It is really important. If you look at that basic bill, Subsection 2 says, ‛No master program may prohibit aquaculture uses or structures.' I don't know of any that do. Two of the counties--all three counties that I represent have revised their shoreline master programs. They all allow room for aquaculture. There could be some area that there would be no places allowed, because you have to look at water quality, you have to look at the use of the area, because when we talk about preferred use we are talking about a lot of uses, not just aquaculture. We're talking about recreational boating, we're talking about tug boats. We're talking about the economic and the commerce of this state. And so to say in statute, aquaculture is the preferred use, it's a major change to state law and the Shoreline Management Act. I urge you to support this amendment.”


      Senator Spanel demanded a roll call and the demand was sustained.

      The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Spanel and Haugen on page 1, line 6, to Substitute Senate Bill No. 5075.


ROLL CALL


      The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1.

      Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 23.        Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 25.                Excused: Senator Prince - 1.

MOTION


      Senator Morton: “I move that the rules be suspended and Engrossed Substitute Senate Bill No. 5075 be advanced to third reading, the second reading considered the third, and the bill be placed on final passage.”



REMARKS BY PRESIDENT OWEN


      President Owen: “ Senator Morton has moved that the rules be suspended and Engrossed Substitute Senate Bill No. 5075 be advanced to third reading, the second reading considered the third and the bill be placed on final passage. Hearing no objection, so ordered.”



REMARKS BY SENATOR MORTON


      Senator Morton: “Thank you, Mr. President. Ladies and gentlemen of the Senate, as we have more and more of our agricultural land impacted because of various problems, we're going to begin to need more and more of aquaculture enhanced. This is a bill that does that. This is a matter worldwide, not just with our own state. We are blessed in our state with a beautiful Puget Sound area that is very scenic, but also very useful. I would encourage, then, your yes vote on this bill as we begin to cultivate the aquaculture industry, and make this state a much more business friendly state. Thank you.”


REMARKS BY SENATOR FRASER


      Senator Fraser: “Thank you, Mr. President. Members of the Senate, I urge a 'no' vote on this bill. This bill is both a special interest bill and an anti local government bill. Why is it special interest? It's special interest because it gives one use, net pens, priority over all other uses in some areas of our waters. It competes with other uses like boating, and other purposes of our beautiful marine waters. The other reason is it's anti local government. Why is it anti local government? Because it takes away the traditional discretion that local jurisdictions have to plan their shorelines under our Shoreline Management Act. This says not only that you can't prohibit net pens, it also says that if you have an effect of not allowing them, you must amend your shoreline management plan to allow them. Not only do you have to amend it, but it goes to the head of the list. Local government has to amend it to allow these before it amends it to allow for anything else. I think that's special interest and anti local government. It eliminates local discretion. I urge a 'no' vote.”


REMARKS BY SENATOR SWECKER


      Senator Swecker: “Thank you, Mr. President. I rise to speak in favor of the legislation. The legislation is actually very permissive to local government. I think the real issue is that in a number of counties shoreline residents don't want to have net pen facilities sited in front of their property--their homes. I think that's a legitimate concern. In a number of cases, that concern has been taken to the extreme by local government, and they virtually excluded aquaculture from their shoreline master program.

      “This bill simply says that if you are going to exclude aquaculture from some areas that you're planning for, then, at least you must indicate where aquaculture is permitted. It doesn't restrict the amount of exclusion that can be made by a county, it doesn't dictate how much area must be designated where aquaculture is permitted. It just says that if there are suitable areas where the county can designate that aquaculture is permitted, that they must do that. The idea that we're requiring local government to amend their master program is a fallacy. In fact, local governments routinely amend their master programs. The legislation says they don't have to take any action at all on this legislation until the next time they would routinely amend their master program, anyway. At that time they simply have to consider this issue and decide where they want to designate that aquaculture is an appropriate use. This is a very small part of the process for amending a master program. It's done all the time by local government, and this won't add a significant burden to that process.

      “In the final analysis, it's unfortunate, but salmon aquaculture started at the University of Washington here in the Northwest in the 1960s. Since that time, our industry has simply not been ever able to get a strong foothold in the state because of the permitting process. In other countries, over one third of the salmon produced in the world are produced in salmon net pens, and over half the dollar value of salmon is produced in net pens. It's unfortunate that our state has never had the opportunity to participate significantly in this industry. We feel this is a step, a small step, toward helping resolve that problem. I hope you will support it.”


REMARKS BY SENATOR OKE


      Senator Oke: “Thank you, Mr. President. I, too, rise in support of this bill. In my district, in Manchester, we have probably the largest, I'm sure it's the largest--salmon net pen farm in the state of Washington, and I've spent a lot of time around that net pen, a number of net pens they have there. They're located in a good spot. They're providing fresh salmon year round. And I know that that's an issue with some of you here, that you would never eat a fish that came out of a net pen, or you don't think that the quality is there. But the world does. I passed out to each of you salmon market information coming from Alaska when I was up there on the Pacific Fisheries Legislative Task Force. I think we really need to take a close look at these figures. Even if you don't care about salmon, or have never consumed a salmon, we need to understand what's happening worldwide.

      “The United States, as you look at this chart, is out of the market, and we're losing millions and millions of dollars in jobs because they're going to other countries. Japan requires and wants fresh salmon daily--every day--and their Shusi bars, they say they can consume these net pen salmon without any problem. Other salmon that are the natural native salmon, they have to cook those. So, they're the ones controlling the market. You can see by the chart what's happening.

      “Boldt's decision in this state ruined salmon for everybody, I think, and has made the salmon in some people's mind a species that's being distinguished as no longer available. In fact, I'll close with this little comment. In Issaquah, I went to the hatchery and saw some notes from young people that had seen what was going on in this hatchery, and one note in particular said, ‛This is the first time I really understood the whole life cycle of the salmon. This is just neat.' And the bottom line, he said, ‛I'll never eat one.' And that's not what we want to happen. It's a good product, we want people to consume salmon, and I think this bill would help put Washington back in the game of providing salmon for everybody.”


REMARKS BY SENATOR SPANEL


      Senator Spanel: “Thank you, Mr. President. It has been stated that it's a simple issue to amend the shoreline master plan or to redo it. In Skagit County it took two to three years and even longer for the process to occur of bringing all the parties together and working out an agreement. The aquaculture issue, salmon net pens, was the major issue. Some of them located in that county already are in shallow water. It is not good water conditions. Some are located in very good water conditions, and that is allowed there. But, there's a lot of issues that are brought in.

      “When I came to the Legislature in 1987, this was an issue. It was an issue for the next few years. Basically, it centered around--we had interim criteria for the siting of salmon net pens. It was never really resolved. There have been people working on it ever since then, but we have not changed the law and put that into law what the permanent criteria should be. Location is a factor. It's not just a simple thing of having fish in the pens, there's an escapement factor. There have been many, with the weather, breaks in the pens and the net pen fish mingle with the wild salmon. There are lots of discussions of whether that is good or bad, and a lot of people do not feel it is good.

      “The economic reality, the price is too high right now, and that's one reason there hasn't been a major expansion. But, I think the thing why I'm asking you to vote 'no' on this bill is because, basically, it is a preemption of local government and their shoreline master plans. It's not only a long process, but it also is a process that they have work out with DOE, and DOE is pretty strict, and I would say, fought the counties hard on the aquaculture issue, and made sure that they did have siting in their master programs. This bill is a preemption. It is costly. It costs dollars, a lot of dollars. We're not providing any money. This bill didn't go through the Ways and Means Committee, and so I suggest that you just vote no, and let it continue to be worked out. Actually, this particular issue is in the courts right now, and that's where it should be taken care of, instead of by changing the law.”


REMARKS BY SENATOR HAUGEN


      Senator Haugen: “Thank you, Mr. President. Once again, this is my file on Skagit County, alone. I have a whole file cabinet with a whole drawer on Island County. I wish my good friends on the other side of the aisle were in my office this morning when my two Republican county commissioners from Island County were here--Skagit County were here--who are now being sued. Explain to them why this isn't a mandate, why this isn't a mandate with no funding. I wish you would call up my Republican county commissioners in Island County and tell them why this isn't the mandate.

      “This will generate a whole, new round of debate about aquaculture in those counties that are entirely made up of islands. I can assure you, and they amend their shoreline master plans often to put in harbors, and to put in docks, and every time they do that, they have to go through this process. They have to hold public hearings. They have to have lots of information provided for the citizens, and it is a very costly process. Both of those counties have got plans in place. Skagit County's is being challenged in the courts right now. Let's not start the debate all over for a special interest group. I urge you to vote 'no.'”


REMARKS BY SENATOR MORTON


      Senator Morton: “Thank you, Mr. President. Ladies and gentlemen of the Senate, since we're repeating somewhat, as the Senator did from the Tenth District, I want to remind you, also, of the hazards that we're facing in agricultural enterprises daily. And the need to emphasize more and more the use of our aquaculture facilities and opportunities in this state, combined with the opportunity to launch into an industry which worldwide we're missing out on, and which we need to address more and more. Plus, the state standards that we have are there on the books to be followed. The counties involved need to obey, of course, and follow those standards as best can be applied in those counties. Yes, it's an added responsibility on those counties, but, yes, it's an added industry and an asset to those counties, as they become involved in this industry to benefit not only the counties, but also to benefit the state of Washington. I encourage your 'yes' vote. Thank you, Mr. President.”

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5075.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5075 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 25.             Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 23.           Excused: Senator Prince - 1.  ENGROSSED SUBSTITUTE SENATE BILL NO. 5075, 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 Sellar: “May I speak on a point of personal privilege? Just following up on Senator Snyder’s remarks this morning--who so nicely gave us some history. Senator Newhouse reports that the daughter of Jack Rabbit Jones lives in Yakima, so Senator Newhouse called her and asked her how her father got his name. She said that there were two things. Number one, his initials are J. R. and some people think that is where it came from. She said there is also a story that when he started in politics, in a bet or some type of statement, he said that he would provide a dinner that was indigenous to his district. Somebody asked him what he had in this district and he said, ‘jack rabbits.’ Also, she stated that her older brother was a page for her father and helped move to this building. Thank you for that bit of history and Irv’s follow up.”


SECOND READING

      

      SENATE BILL NO. 5152, by Senators Prince, Bauer, Wojahn, Horn, Oke, Winsley and Patterson (by request of Joint Legislative Audit and Review Committee)

 

Allowing the department of social and health services access to employment security department data on clients in the job opportunities and basic skills training program and any subsequent state welfare program.


MOTIONS


      On motion of Senator Deccio, Substitute Senate Bill No. 5152 was substituted for Senate Bill No. 5152 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Deccio, the rules were suspended, Substitute Senate Bill No. 5152 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. 5152.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5152 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.          Excused: Senator Prince - 1.  SUBSTITUTE SENATE BILL NO. 5152, 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. 5448, by Senators Deccio, Wojahn, Wood and Fairley

 

Merging the health professions account and the medical disciplinary account.


      The bill was read the second time.

 

MOTION


      On motion of Senator West, the rules were suspended, Senate Bill No. 5448 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. 5448.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5448 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.          Excused: Senator Prince - 1.  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. 5047, by Senators Benton and Zarelli

 

Arming community corrections officers.


      The bill was read the second time.


MOTION


      On motion of Senator Benton, the rules were suspended, Senate Bill No. 5047 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Heavey: “Senator Benton, as an emergency clause--we’ve seen far too many of them--what is in this bill that necessitates cutting off the people’s right of referendum?”

      Senator Benton: “I believe that when there are lives in jeopardy, Senator Heavey, an emergency clause is warranted. Clearly, the substance of this bill indicates that there are lives in jeopardy.”

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5047.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5047 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wood and Zarelli - 40.   Voting nay: Senators Fairley, Fraser, Heavey, Kline, Kohl, Prentice, Thibaudeau and Wojahn - 8.           Excused: Senator Prince - 1.  SENATE BILL NO. 5047, 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. 5341, by Senators Roach, Sheldon and Rasmussen

 

Revising authority of the Washington economic development authority to finance projects.


MOTIONS


      On motion of Senator West, Substitute Senate Bill No. 5341 was substituted for Senate Bill No. 5341 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 5341 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. 5341.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5341 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.    Voting nay: Senator Heavey - 1.           Excused: Senator Prince - 1.  SUBSTITUTE SENATE BILL NO. 5341, 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. 5271, by Senators Horn, Spanel and Long (by request of Legislative Ethics Board)

 

Allowing an elected official to prepare and send guest editorials or columns that include arguments for or against ballot propositions if the editorial or column is requested by a newspaper.


      The bill was read the second time.


MOTION


      On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 5271 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 Franklin: “Senator Horn, I am always very, very leery about what we as public servants do in regards to our officers and our staff, because you never know when we will be brought under closer scrutiny by the media, by those who are always checking on us. What is the potential for abuse of this piece of legislation--to go and do other things? I am very leery about that.”

      Senator Horn: “Senator Franklin, I think the portion for abuse is very limited. This applies only if you have been invited to respond as a guest editor. You certainly, as an individual, have the right to speak out at any time and you can do that any way you want to do. However, because of some interpretation of a question that might come up, could you use--like--your aide to prepare your speech or help you type it--something like that--because that would be a misuse, perhaps, of office facilities. So, this only allows you to use your support staff to do something that you have the right to do with or without them there. I think that is a very limited situation that comes up. This has been pretty narrowly drafted to protect that situation.”

      Senator Franklin: “You mentioned ‘that you would be invited.’ What happens if a media--a newspaper--chooses a certain group to invite, would I, not be one of the chosen few, have the opportunity to write and have that accepted--let’s say equal time?”

      Senator Horn: “You have a situation right now that the Governor’s office may speak out on an issue and use his staff to do it and if something came up relative to something that came up in the Senate or House, they could not use their staff to respond. You, as an individual, can speak out however you want to. This merely is the support you need to prepare something. Now, you have that--you know--we have those types of things coming pro and con in the Voter’s Pamphlet. that we ask legislators to prepare that position, we allow them to use the staff to prepare those positions at that time. I think, in general, the newspapers, if they are coming up on a guest editorial are trying to get a balanced position on this, because they have had one side speak out . They would like to hear from the other side.”

      Further debate ensued.


POINT OF INQUIRY


      Senator Heavey: “Senator Horn, the gallant gentleman from Mercer Island, this narrow exception only applies for the newspaper? We cannot submit a guest editorial opinion? It is limited--that limited--even if we wrote it ourselves--but we just happened to have our aide type it, we couldn’t submit a guest editorial opinion?”

      Senator Horn: “That is correct. You could not submit a guest editorial unless you were invited.”

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5271.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5271 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Finkbeiner, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 30.  Voting nay: Senators Bauer, Fairley, Franklin, Fraser, Goings, Haugen, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheldon, Snyder, Spanel, Swanson and Zarelli - 18.    Excused: Senator Prince - 1.  SENATE BILL NO. 5271, 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 Johnson, the Senate returned to the first order of business.


REPORTS OF STANDING COMMITTEES


March 6, 1997

SB 5795             Prime Sponsor, Senator Benton: Regulating vehicle and vessel licensing. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke and Patterson.


      Passed to Committee on Rules for second reading.


March 6, 1997

SB 5797             Prime Sponsor, Senator Benton: Regulating the issuance and cost of permits and certificates issued by the department of licensing. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Morton, Oke and Patterson.


      Passed to Committee on Rules for second reading.


March 6, 1997

SB 5961             Prime Sponsor, Senator Goings: Providing changes to terminal audit violation penalties. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke and Patterson.


      Passed to Committee on Rules for second reading.


March 6, 1997

SB 5968             Prime Sponsor, Senator Thibaudeau: Regulating electric-assisted bicycles. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke and Patterson.


      Passed to Committee on Rules for second reading.


March 6, 1997

SB 6050             Prime Sponsor, Senator Oke: Providing tax exemptions for state route number 16 corridor improvements constructed under chapter 47.46 RCW. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass and refer the bill to Committee on Ways and Means. Signed by Senators Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Jacobsen, Morton, Oke and Patterson.


      Referred to Committee on Ways and Means.


MOTION


      On motion of Senator Johnson, the Senate advanced to the third order of business.


MESSAGE FROM THE GOVERNOR


March 6, 1997


TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to advise you that on March 6, 1997, Governor Locke approved the following Senate Bill entitled:

      Senate Bill No. 5835

      Relating to limiting property taxes by reducing the state levy, reducing the one hundred six percent limit calculation, and allowing for valuation increases to be spread over time.

Sincerely,

EVERETT BILLINGSLEA, General Counsel


MOTION


      At 11:52 a.m., on motion of Senator Johnson, the Senate adjourned until 8:30 a.m., Monday, March 10, 1997.


BRAD OWEN, President of the Senate



MIKE O'CONNELL, Secretary of the Senate