NOTICE: Formatting and page numbering in this document may be different
from that in the original published version.
SIXTY-FIRST DAY
------------
MORNING SESSION
------------
Senate Chamber, Olympia, Friday, March 14, 1997
The Senate was called to order at 8:30 a.m. by Vice President Pro Tempore Morton. The Secretary called the roll and announced to the Vice President Pro Tempore that all Senators were present except Senators Bauer, Deccio, Kohl, McDonald, Patterson, Prentice, Schow, Sellar and Strannigan. On motion of Senator Hale, Senators McDonald, Schow and Sellar were excused. On motion of Senator Franklin, Senators Patterson and Prentice were excused.
The Sergeant at Arms Color Guard, consisting of Pages Tena Goff and Jonathan Schmidt, presented the Colors. Reverend Bruce Armstrong, pastor of the Lacey Presbyterian Church, 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.
MESSAGE FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENT
March 10, 1997
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.
Joseph D. Lehman, appointed March 10, 1997, for a term ending at the pleasure of the Governor, as Secretary of the Department of Corrections.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Human Services and Corrections.
MESSAGES FROM THE HOUSE
March 12, 1997
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1575,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1678,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1792, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
March 12, 1997
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1223,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1243,
HOUSE BILL NO. 1273,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1372,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1419,
HOUSE BILL NO. 1439,
HOUSE BILL NO. 1452,
SUBSTITUTE HOUSE BILL NO. 1462,
HOUSE BILL NO. 1465,
HOUSE BILL NO. 1468,
SUBSTITUTE HOUSE BILL NO. 1469,
HOUSE BILL NO. 1483,
ENGROSSED HOUSE BILL NO. 1496,
HOUSE BILL NO. 1521,
HOUSE BILL NO. 1545,
SUBSTITUTE HOUSE BILL NO. 1550,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1560,
SUBSTITUTE HOUSE BILL NO. 1565,
SUBSTITUTE HOUSE BILL NO. 1574,
SUBSTITUTE HOUSE BILL NO. 1587,
HOUSE BILL NO. 1589,
SUBSTITUTE HOUSE BILL NO. 1591,
SUBSTITUTE HOUSE BILL NO. 1600,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1603,
HOUSE BILL NO. 1614,
SUBSTITUTE HOUSE BILL NO. 1618,
HOUSE BILL NO. 1636,
HOUSE BILL NO. 1648,
SUBSTITUTE HOUSE BILL NO. 1680,
SUBSTITUTE HOUSE BILL NO. 1692,
HOUSE BILL NO. 1708,
SUBSTITUTE HOUSE BILL NO. 1733,
SUBSTITUTE HOUSE BILL NO. 1748,
SUBSTITUTE HOUSE BILL NO. 1776,
SUBSTITUTE HOUSE BILL NO. 1795,
HOUSE BILL NO. 1796,
SUBSTITUTE HOUSE BILL NO. 1801, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
March 12, 1997
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1806,
HOUSE BILL NO. 1827,
HOUSE BILL NO. 1828,
SUBSTITUTE HOUSE BILL NO. 1829,
HOUSE JOINT RESOLUTION NO. 4209, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
March 12, 1997
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1083,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1127,
HOUSE BILL NO. 1129,
SUBSTITUTE HOUSE BILL NO. 1178,
SUBSTITUTE HOUSE BILL NO. 1245,
HOUSE BILL NO. 1274,
SUBSTITUTE HOUSE BILL NO. 1277,
SUBSTITUTE HOUSE BILL NO. 1286,
SUBSTITUTE HOUSE BILL NO. 1323,
HOUSE BILL NO. 1332,
HOUSE BILL NO. 1341,
SUBSTITUTE HOUSE BILL NO. 1342,
SUBSTITUTE HOUSE BILL NO. 1352,
SUBSTITUTE HOUSE BILL NO. 1380,
SUBSTITUTE HOUSE BILL NO. 1412,
SUBSTITUTE HOUSE BILL NO. 1416,
SUBSTITUTE HOUSE BILL NO. 1428,
HOUSE JOINT MEMORIAL NO. 4000, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
March 13, 1997
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1005,
SUBSTITUTE HOUSE BILL NO. 1280,
HOUSE BILL NO. 1324,
SUBSTITUTE HOUSE BILL NO. 1325,
SUBSTITUTE HOUSE BILL NO. 1466,
HOUSE BILL NO. 1847,
SUBSTITUTE HOUSE BILL NO. 1849,
HOUSE BILL NO. 1908,
HOUSE BILL NO. 1932,
SUBSTITUTE HOUSE BILL NO. 1955,
SUBSTITUTE HOUSE BILL NO. 1971,
HOUSE BILL NO. 2040,
SUBSTITUTE HOUSE BILL NO. 2059,
HOUSE BILL NO. 2070,
HOUSE BILL NO. 2098,
HOUSE JOINT MEMORIAL NO. 4009, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 1005 by House Committee on Higher Education (originally sponsored by Representatives Carlson, Pennington, Ogden, Dunn, Boldt and Mielke)
Creating the border county higher education opportunity pilot project.
Referred to Committee on Higher Education.
SHB 1083 by House Committee on Law and Justice (originally sponsored by Representatives McDonald, Sheahan and Mielke)
Authorizing use of department of licensing records in criminal prosecutions.
Referred to Committee on Law and Justice.
E2SHB 1127 by House Committee on Appropriations (originally sponsored by Representatives Schoesler, Linville, Chandler, Grant, Mastin, Parlette, Buck, Sheahan, Thompson and Anderson)
Requiring integrated pest management.
Referred to Committee on Ways and Means.
HB 1129 by Representatives Thompson, Sheahan, Sterk, Sump, Mielke, Delvin, DeBolt, Mulliken, Conway, Chandler, O'Brien, Kessler, Dunn, Costa, Anderson and Bush
Increasing penalties for attempting to elude a pursuing police vehicle to a class B felony.
Referred to Committee on Law and Justice.
SHB 1178 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Quall and Wolfe) (by request of Governor Lowry)
Creating sentencing guidelines for the sale of various amounts of controlled substances.
Referred to Committee on Law and Justice.
ESHB 1223 by House Committee on Law and Justice (originally sponsored by Representatives Carrell, Zellinsky, Talcott, Hickel, Thompson and Conway)
Addressing the public nuisance activities of tenants.
Referred to Committee on Law and Justice.
ESHB 1243 by House Committee on Transportation Policy and Budget (originally sponsored by Representatives K. Schmidt, Hatfield, Skinner, Scott, Zellinsky, Fisher, O'Brien, Mitchell, Wood, Delvin, Smith, Robertson, Sterk, DeBolt, Radcliff, McMorris, Backlund, Cairnes, Mastin, Boldt, Ogden, L. Thomas, Hankins, Wensman, Johnson and Benson)
Enhancing security of identicards and drivers' licenses.
Referred to Committee on Law and Justice.
SHB 1245 by House Committee on Law and Justice (originally sponsored by Representatives Sheahan, K. Schmidt, Sterk, Ballasiotes, Zellinsky, Skinner, Cairnes, Delvin, Smith, Robertson, O'Brien, Backlund, Fisher, Scott, McMorris, Radcliff, Mulliken, Boldt, Hatfield, L. Thomas, Costa, Hankins, McDonald, Wensman, Benson and Kessler)
Strengthening penalties for using drivers' licenses and identicards to commit fraud.
Referred to Committee on Law and Justice.
HB 1273 by Representatives Sheahan, Appelwick, Cody, Sherstad, Wensman and Costa
Making certain debtors liable for any deficiency after default.
Referred to Committee on Law and Justice.
HB 1274 by Representatives Van Luven and Wensman (by request of Department of Revenue)
Eliminating the requirement for a study of the property tax exemption and valuation rules for computer software.
Referred to Committee on Ways and Means.
SHB 1277 by House Committee on Finance (originally sponsored by Representatives B. Thomas, Dunshee, Carrell, Thompson and D. Schmidt) (by request of Department of Revenue)
Providing for confidentiality of property tax information.
Referred to Committee on Ways and Means.
SHB 1280 by House Committee on Capital Budget (originally sponsored by Representatives Honeyford, Koster, Sheldon, Sump, Boldt, D. Sommers, McMorris, Clements, Crouse, Dunn, Schoesler, Johnson, DeBolt, Mulliken, Thompson, Mielke and D. Schmidt)
Removing requirements for public art in department of corrections facilities.
Referred to Committee on Ways and Means.
SHB 1286 by House Committee on Commerce and Labor (originally sponsored by Representatives McMorris, Honeyford, Conway, Cole and Thompson) (by request of Department of Licensing)
Correcting real estate brokers and salespersons statutes for administrative and practical purposes.
Referred to Committee on Commerce and Labor.
SHB 1323 by House Committee on Government Reform and Land Use (originally sponsored by Representatives D. Schmidt, Scott, Wensman, Morris, Costa and Dunn) (by request of Department of Revenue)
Allowing electronic distribution of notices relating to rule making or policy or interpretive statements.
Referred to Committee on Government Operations.
HB 1324 by Representatives Dunshee, Chandler and Buck (by request of Department of Revenue)
Revising the collection of the metals mining and milling fee.
Referred to Committee on Agriculture and Environment.
SHB 1325 by House Committee on Capital Budget (originally sponsored by Representatives Ogden, Mitchell, Costa, Hankins, O'Brien and Mason)
Providing facilities for social service organizations.
Referred to Committee on Ways and Means.
HB 1332 by Representatives Sheahan, Costa, Dickerson, Blalock, O'Brien, Kenney, Linville, Wood, Benson, Ballasiotes, Ogden, Murray, Cody, Dunshee, Conway, Lantz, Carrell and Mason
Authorizing diversion agreements to prohibit contact with victims or witnesses of offenses committed by the juvenile.
Referred to Committee on Human Services and Corrections.
HB 1341 by Representatives Thompson, Dunshee, B. Thomas and Wensman (by request of Department of Revenue)
Making technical corrections for tax provisions.
Referred to Committee on Ways and Means.
SHB 1342 by House Committee on Finance (originally sponsored by Representatives B. Thomas, Dunshee and Wensman) (by request of Department of Revenue)
Revising interest and penalty administration of the department of revenue.
Referred to Committee on Ways and Means.
SHB 1352 by House Committee on Transportation Policy and Budget (originally sponsored by Representatives K. Schmidt, Fisher, Buck and Mitchell) (by request of Department of Transportation)
Funding transportation project environmental mitigation.
Referred to Committee on Transportation.
E2SHB 1372 by House Committee on Appropriations (originally sponsored by Representatives Carlson, Mason, Radcliff, O'Brien, Dunn, Kenney, Sheahan, Talcott, Hatfield, Schoesler, Mitchell, Costa, Cooper, Dickerson, Keiser, Wood and Kessler)
Creating the Washington advanced college tuition payment program.
Referred to Committee on Higher Education.
SHB 1380 by House Committee on Law and Justice (originally sponsored by Representatives Lambert, Wolfe, Sheahan, Mitchell, Dunshee, Mason and Scott)
Changing the allocation of child support health care expenses between parents.
Referred to Committee on Law and Justice.
SHB 1412 by House Committee on Health Care (originally sponsored by Representatives Cody, Dyer, Keiser, Zellinsky, Conway, Bush, Kessler, Ogden and Sullivan)
Clarifying who may legally use the title "nurse."
Referred to Committee on Health and Long-Term Care.
SHB 1416 by House Committee on Education (originally sponsored by Representatives Mulliken, Romero, Talcott, Clements, Johnson, Costa, Wolfe, Mielke and Dunn)
Recognizing degrees in deaf education from a program approved by the council on education of the deaf.
Referred to Committee on Education.
ESHB 1419 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Linville and Regala) (by request of Department of Ecology)
Revising provisions for solid waste permits.
Referred to Committee on Agriculture and Environment.
SHB 1428 by House Committee on Natural Resources (originally sponsored by Representatives Van Luven and Regala) (by request of Commissioner of Public Lands Belcher and Department of Natural Resources)
Prescribing a method for establishing rent for condominium and cooperative leasehold interests.
Referred to Committee on Natural Resources and Parks.
HB 1439 by Representatives B. Thomas, Sherstad, Murray, L. Thomas, Wolfe, Cole, DeBolt and Wensman
Authorizing counties to set deadlines for petitioning for changes in assessed valuation.
Referred to Committee on Government Operations.
HB 1452 by Representatives L. Thomas, Wolfe, Zellinsky, Alexander and Keiser
Providing definitions concerning title insurers.
Referred to Committee on Financial Institutions, Insurance and Housing.
SHB 1462 by House Committee on Higher Education (originally sponsored by Representative Huff)
Setting nonresident undergraduate tuition at the University of Washington.
Referred to Committee on Higher Education.
HB 1465 by Representatives Sump, Sheldon, Grant, Hatfield, Pennington, Delvin and Koster
Requiring establishment of a no-cost consulting service regarding mining issues.
Referred to Committee on Natural Resources and Parks.
SHB 1466 by House Committee on Natural Resources (originally sponsored by Representatives Sump, Sheldon, Grant, Hatfield, Delvin and Pennington)
Allowing the department of natural resources to delegate some or all of its surface mining enforcement authority to qualified personnel of a county, city, or town.
Referred to Committee on Natural Resources and Parks.
HB 1468 by Representatives Buck, Chandler, Grant, Sump, Sheldon, Hatfield, Alexander, Delvin and Pennington
Removing authority to modify reclamation permit fees.
Referred to Committee on Natural Resources and Parks.
SHB 1469 by House Committee on Natural Resources (originally sponsored by Representatives Buck, Chandler, Grant, Sump, Sheldon, Hatfield, Delvin and Pennington)
Clarifying the authority to regulate surface mining.
Referred to Committee on Natural Resources and Parks.
HB 1483 by Representatives Van Luven, Zellinsky and Wensman
Defining the location of a retail sale by a towing service operator as the place of business.
Referred to Committee on Ways and Means.
EHB 1496 by Representatives Benson, Cooke, Mulliken, Dunshee, Linville, Sheahan, Gombosky, Carrell, Sterk, McMorris and Kastama
Clarifying the definition of "negligent treatment or maltreatment" of a child.
Referred to Committee on Human Services and Corrections.
HB 1521 by Representatives B. Thomas, Dickerson and Dunn
Extending to local agencies the same authority now authorized for state agencies to protect taxpayer information under public records.
Referred to Committee on Government Operations.
HB 1545 by Representatives Sheahan, Costa, Tokuda, Cooper, Blalock, Keiser, Kenney, Conway, Lantz, Cole, Wolfe, O'Brien, Mason, Wood and Scott
Regulating funding for domestic violence shelters.
Referred to Committee on Human Services and Corrections.
SHB 1550 by House Committee on Appropriations (originally sponsored by Representatives Doumit, Ballasiotes, Hatfield, Pennington, Kessler, Tokuda, Carlson, Ogden, Romero and Mielke)
Prohibiting disability retirement benefits resulting from criminal conduct.
Referred to Committee on Ways and Means.
ESHB 1560 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Wolfe, Smith, Benson and Mason)
Modernizing, clarifying, and simplifying the Washington state credit union act.
Referred to Committee on Financial Institutions, Insurance and Housing.
SHB 1565 by House Committee on Natural Resources (originally sponsored by Representatives Mielke, Pennington, Carrell, Mulliken, Thompson and Cairnes)
Limiting the regulations of small scale mining.
Referred to Committee on Natural Resources and Parks.
SHB 1574 by House Committee on Higher Education (originally sponsored by Representatives Mason, Radcliff, Carlson, Dunn, Cooper, Conway, Tokuda, Kenney, Doumit, Quall, Sheahan, Hatfield, Blalock, Dickerson, Scott, O'Brien, Costa, Cody and Regala)
Creating the historically Black college fund pilot project.
Referred to Committee on Higher Education.
ESHB 1575 by House Committee on Law and Justice (originally sponsored by Representatives Sherstad, Koster, Mulliken, Thompson, Ballasiotes, Lambert, Hickel, Sheahan, Reams and Dunn)
Regulating live adult entertainment establishments.
Referred to Committee on Law and Justice.
SHB 1587 by House Committee on Law and Justice (originally sponsored by Representatives Lantz, McDonald, Cody, Skinner, Mason, H. Sommers, Ogden, Sheahan, Bush, Blalock, Dickerson, Conway, O'Brien, Linville, Keiser, Costa, Kessler, Kenney, Regala and Cooper)
Penalizing parental voyeurism.
Referred to Committee on Law and Justice.
HB 1589 by Representatives Robertson, Costa, Radcliff, Cody, Scott, Cole, Skinner, Lantz, Constantine, Delvin, K. Schmidt, Murray, Hankins, Blalock, Hatfield, Wensman, O'Brien, Linville, Cooke, Ogden, Sheldon, Kessler and Kenney
Allowing a crime victim to have an advocate present at any judicial proceeding.
Referred to Committee on Law and Justice.
SHB 1591 by House Committee on Government Reform and Land Use (originally sponsored by Representatives Reams, Mulliken, Sherstad, Cairnes and Thompson)
Concerning local project review under the growth management act.
Referred to Committee on Government Operations.
SHB 1600 by House Committee on Natural Resources (originally sponsored by Representatives Sheldon and Buck)
Revising provisions relating to surface mining permits.
Referred to Committee on Natural Resources and Parks.
ESHB 1603 by House Committee on Commerce and Labor (originally sponsored by Representatives Clements, McMorris, Honeyford, L. Thomas, Mielke and Sullivan)
Requiring a lien information statement for sale of new residential property.
Referred to Committee on Government Operations.
HB 1614 by Representatives Alexander, Regala, Sump and Keiser (by request of Parks and Recreation Commission)
Regarding enterprise activities of the state parks and recreation commission.
Referred to Committee on Natural Resources and Parks.
SHB 1618 by House Committee on Health Care (originally sponsored by Representatives Skinner, Dyer, Conway, Zellinsky, Cody, Backlund, Parlette and Clements)
Modifying certain aspects of programs that treat impaired physicians.
Referred to Committee on Health and Long-Term Care.
HB 1636 by Representatives Ballasiotes, Costa, Tokuda, Keiser, Ogden and Blalock
Specifying imminence of threat to bodily harm for crime of harassment.
Referred to Committee on Law and Justice.
HB 1648 by Representatives Honeyford, Sheahan, Skinner, Clements, H. Sommers, Boldt, Delvin and Sullivan
Declaring buildings used for criminal street gang activity to be a nuisance.
Referred to Committee on Law and Justice.
ESHB 1678 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Smith, Wolfe, Sullivan and Zellinsky)
Regulating mortgage brokers.
Referred to Committee on Financial Institutions, Insurance and Housing.
SHB 1680 by House Committee on Natural Resources (originally sponsored by Representatives Sump, McMorris, L. Thomas, Chandler, Buck, Sheldon and Mielke)
Regulating mining and milling operations.
Referred to Committee on Natural Resources and Parks.
SHB 1692 by House Committee on Capital Budget (originally sponsored by Representatives Sehlin, Morris, Anderson, Honeyford, Huff, Lantz and Chopp)
Describing those lands eligible to be included in a port district aquatic lands management agreement.
Referred to Committee on Natural Resources and Parks.
HB 1708 by Representative McMorris
Eliminating farm implement commissioned salespeople from the minimum rate of compensation for employment in excess of a forty-hour work week requirement.
Referred to Committee on Commerce and Labor.
SHB 1733 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky, L. Thomas, Benson, DeBolt, Dyer and Pennington)
Clarifying personal injury protection automobile insurance coverage.
Referred to Committee on Financial Institutions, Insurance and Housing.
SHB 1748 by House Committee on Trade and Economic Development (originally sponsored by Representatives Morris, Van Luven, Quall, Kessler, Sheldon, Anderson, Buck, Cooper, Dunn, Hatfield, Thompson and O'Brien)
Fostering economic development through increasing maritime trade competitiveness.
Referred to Committee on Transportation.
SHB 1776 by House Committee on Appropriations (originally sponsored by Representatives Huff, H. Sommers, Alexander, Benson, Clements, Wensman, O'Brien and Boldt) (by request of Office of Financial Management)
Regarding school audits.
Referred to Committee on Ways and Means.
ESHB 1792 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Delvin, Hankins, Mastin, Linville, Veloria, Van Luven, Regala and Grant)
Expanding the use of environmental technology precertification.
Referred to Committee on Agriculture and Environment.
SHB 1795 by House Committee on Natural Resources (originally sponsored by Representatives Buck, Hatfield and Kessler) (by request of Commissioner of Public Lands)
Concerning the classification of forest practices and the regulation of forest practices by state and local entities.
Referred to Committee on Natural Resources and Parks.
HB 1796 by Representatives Smith, Zellinsky, Wolfe, Grant, Benson, DeBolt, Wensman, Constantine, L. Thomas, Keiser and Sullivan
Delivering the cancellation notice for an insurance policy.
Referred to Committee on Financial Institutions, Insurance and Housing.
SHB 1801 by House Committee on Education (originally sponsored by Representatives Johnson, Ogden, Honeyford, Kessler, Dickerson, Blalock, Conway, Wensman, D. Schmidt, Gombosky, Keiser, Wood, Carlson, Quall, Constantine and Mason) (by request of Washington State Historical Society)
Creating the governor's award for excellence in teaching history.
Referred to Committee on Higher Education.
SHB 1806 by House Committee on Natural Resources (originally sponsored by Representatives Alexander, Grant, Mastin, Buck, Johnson, Butler, Hatfield, Kessler, Sheldon, Chandler, Thompson, Regala, Anderson, Pennington, Clements, Kenney, Sullivan, Blalock, Conway, Mulliken, Tokuda, Constantine, Mason and Schoesler)
Increasing penalties for the illegal killing and possession of wildlife.
Referred to Committee on Natural Resources and Parks.
HB 1827 by Representatives Honeyford, Cole and Clements (by request of Department of Licensing)
Regulating boxing, kickboxing, martial arts, and wrestling.
Referred to Committee on Commerce and Labor.
HB 1828 by Representative Van Luven
Establishing inspection requirements for private residence conveyances.
Referred to Committee on Financial Institutions, Insurance and Housing.
SHB 1829 by House Committee on Commerce and Labor (originally sponsored by Representative Van Luven)
Requiring a record of transaction for trade-in or exchange of computer hardware.
Referred to Committee on Commerce and Labor.
HB 1847 by Representatives Honeyford, McMorris and Dunn
Allowing wine manufacturers that manufacture other liquors to sell the manufacturer's liquor products on its licensed premises.
Referred to Committee on Commerce and Labor.
SHB 1849 by House Committee on Children and Family Services (originally sponsored by Representative Delvin)
Changing provisions relating to developmentally disabled dependent children.
Referred to Committee on Health and Long-Term Care.
HB 1908 by Representatives Thompson and McMorris
Establishing a fire fighting technical review committee.
Referred to Committee on Commerce and Labor.
HB 1932 by Representatives Costa, Ballasiotes, Sheahan, Scott, O'Brien, Wensman, Blalock, Kessler, Conway, Mason and Tokuda (by request of Department of Labor and Industries)
Including foreign terrorism in the definition of criminal act for the purposes of crime victim compensation and assistance.
Referred to Committee on Law and Justice.
SHB 1955 by House Committee on Commerce and Labor (originally sponsored by Representatives McMorris, Quall, Bush and Hatfield)
Regulating real estate brokerage relationships.
Referred to Committee on Commerce and Labor.
SHB 1971 by House Committee on Appropriations (originally sponsored by Representatives Bush, Lambert, Carrell, Talcott, Johnson, Hickel, Cody, Linville, Mitchell, Delvin, Mulliken, Veloria, Zellinsky, Thompson, Smith, Tokuda, Koster, Sherstad, Cole, Mastin, D. Schmidt and Backlund)
Preventing double payment for insurance benefits for teachers who are legislators.
Referred to Committee on Ways and Means.
HB 2040 by Representatives Hankins, Delvin, McMorris and Conway (by request of Department of Labor and Industries)
Authorizing the continuation of a special insuring agreement for workers' compensation for the United States department of energy.
Referred to Committee on Commerce and Labor.
SHB 2059 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives D. Schmidt, Grant, Thompson and Sheldon)
Prohibiting theft of rental and leased property.
Referred to Committee on Law and Justice.
HB 2070 by Representatives Wensman, B. Thomas and Sheahan
Regulating arrests without warrant for traffic and boating offenses.
Referred to Committee on Law and Justice.
HB 2098 by Representative L. Thomas
Making longshore and harbor workers' compensation insurance available.
Referred to Committee on Financial Institutions, Insurance and Housing.
HJM 4000 by Representatives Sterk, O'Brien, Delvin, Robertson, Mulliken, Dickerson, Thompson, Hatfield, Conway, D. Sommers, Cooper, Boldt, Alexander, Cody, Murray, Costa, Sheahan, Buck, Schoesler, Sherstad, Ogden, Linville, Kessler, L. Thomas, Smith, Dyer, Chandler, Chopp and D. Schmidt
Honoring law enforcement officers.
Referred to Committee on Government Operations.
HJM 4009 by Representatives Sherstad, Backlund, Cody, Thompson, O'Brien, D. Schmidt, Lambert and Skinner
Expediting the FDA's approval of new products.
Referred to Committee on Health and Long-Term Care.
HJR 4209 by Representatives Chandler, Regala and Mulliken
Authorizing public money derived from the sale of stormwater or sewer services to be used in financing stormwater and sewer conservation and efficiency measures.
Referred to Committee on Agriculture and Environment.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Winsley, Gubernatorial Appointment No. 9132, Dr. Loren Anderson, as a member of the Higher Education Facilities Authority, was confirmed.
Senators Winsley and Rasmussen spoke to the confirmation of Dr. Loren Anderson as a member of the Higher Education Facilities Authority.
APPOINTMENT OF DR. LOREN ANDERSON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 4; Excused, 5.
Voting yea: Senators Anderson, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 40. Absent: Senators Bauer, Deccio, Kohl and Strannigan - 4. Excused: Senators McDonald, Patterson, Prentice, Schow and Sellar - 5.
MOTION
On motion of Senator McCaslin, Senator Deccio was excused.
MOTION
On motion of Senator Wood, Gubernatorial Appointment No. 9135, Darrell Beers, as a member of the Board of Trustees for Columbia Basin Community College District No. 19, was confirmed.
Senators Wood and Hale spoke to the confirmation of Darrell Beers as a member of the Board of Trustees for Columbia Basin Community College District No. 19.
APPOINTMENT OF DARRELL BEERS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.
Voting yea: Senators Anderson, Benton, Brown, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43. Absent: Senators Bauer and Finkbeiner - 2. Excused: Senators Deccio, McDonald, Patterson and Sellar - 4.
MOTION
On motion of Senator Wood, Gubernatorial Appointment No. 9140, Scott Brundage, as a member of the Board of Trustees for Wenatchee Valley Community College District No. 15, was confirmed.
APPOINTMENT OF SCOTT BRUNDAGE
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, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Absent: Senator Hargrove - 1. Excused: Senators Deccio and Sellar - 2.
MOTIONS
On motion of Senator Swecker, Senator Benton was excused.
On motion of Senator Franklin, Senator Hargrove was excused.
MOTION
On motion of Senator Hale, Gubernatorial Appointment No. 9143, Phyllis J. Campbell, as a member of the Board of Regents for Washington State University, was confirmed.
APPOINTMENT OF PHYLLIS J. CAMPBELL
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, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Excused: Senators Benton, Hargrove and Sellar - 3.
SECOND READING
SENATE BILL NO. 5976, by Senators Deccio, Wojahn, Wood, Prentice, Franklin, Heavey, McAuliffe, Kline, Patterson, Thibaudeau and Kohl
Clarifying who may legally use the title "nurse."
MOTIONS
On motion of Senator Deccio, Substitute Senate Bill No. 5976 was substituted for Senate Bill No. 5976 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. 5976 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5976.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5976, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Excused: Senators Benton, Hargrove and Sellar - 3. SUBSTITUTE SENATE BILL NO. 5976, 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. 5653, by Senators Oke and Snyder (by request of Commissioner of Public Lands Belcher and Department of Natural Resources)
Concerning the sale of salvageable timber from state-owned lands.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 5653 was substituted for Senate Bill No. 5653 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 5653 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5653.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5653, 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, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Hargrove and Sellar - 2. SUBSTITUTE SENATE BILL NO. 5653, 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. 5554, by Senators Johnson, Roach and Finkbeiner
Regulating deeds of trusts.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5554 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5554.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5554 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, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Sellar - 1. SENATE BILL NO. 5554, 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. 5618, by Senators Haugen, Wood, Heavey, Winsley, Sheldon, Spanel, Oke and Kohl
Regulating ferry queues.
MOTIONS
On motion of Senator Prince, Substitute Senate Bill No. 5618 was substituted for Senate Bill No. 5618 and the substitute bill was placed on second reading and read the second time.
Senator Patterson moved that the following amendment be adopted:
On page 1, after line 12, insert the following: "In addition to any other penalty imposed for a violation of this section, the driver shall be directed to immediately move the motor vehicle to the end of the queue of vehicles waiting to board the ferry."
POINT OF INQUIRY
Senator Johnson: "Senator Patterson, what would the fiscal note be on a state patrolman on every ferry line all year around the state, in order to police this intrusion?"
Senator Patterson: "Thank you, Senator. It would be the exact same expense that this bill would incur anyway, because this bill says that they are going to be giving tickets to people who do this anyway. So, all he would have to do is say, ‘By the way, here is your ticket; now go to the end of the line.’ It wouldn’t be any more."
Further debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Patterson on page 1, after line 12, to Substitute Senate Bill No. 5618.
The motion by Senator Patterson carried and the amendment was adopted.
MOTION
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5618 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5618.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5618, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
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, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. ENGROSSED SUBSTITUTE SENATE BILL NO. 5618, 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. 5600, by Senators Hale, Haugen and Johnson
Making changes to the internal operations of counties.
The bill was read the second time.
MOTION
Senator West moved that the following amendment by Senators West and McCaslin be adopted:
On page 3, after line 22, insert the following: "Sec. 5 RCW 13.04.035 and 1996 c 284 s 1 are each amended to read as follows: Juvenile court shall be administered by the superior court, except that by local court rule and agreement with the legislative authority of the county this service may be administered by the legislative authority of the county. Juvenile probation counselor and detention services shall be administered by the superior court, except that (1) by local court rule and agreement with the county legislative authority, these services may be administered by the county legislative authority; (2) if a consortium of three or more counties, located east of the Cascade mountains and whose combined population exceeds five hundred thirty thousand, jointly operates a juvenile correctional facility, the county legislative authorities may prescribe for alternative administration of the juvenile correctional facility by ordinance; ((and)) (3) in any county with a population of one million or more, probation and detention services shall be administered in accordance with chapter 13.20 RCW; and (4) in any county with a population of at least two hundred fifty thousand but less than five hundred thousand, the county legislative authority may prescribe for alternative administration of these services by ordinance. The administrative body shall appoint an administrator of juvenile court, probation counselor, and detention services who shall be responsible for day-to-day administration of such services, and who may also serve in the capacity of a probation counselor. One person may, pursuant to the agreement of more than one administrative body, serve as administrator of more than one juvenile court." Renumber the remaining section consecutively. Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators West and McCaslin on page 3, after line 22, to Senate Bill No. 5600.
The motion by Senator West carried and the amendment was adopted.
MOTION
On motion of Senator McCaslin, the following title amendment was adopted:
On page 1, line 2 of the title, after "36.40.200," strike "and 36.40.250" and insert "36.40.250, and 13.40.035" On motion of Senator McCaslin, the rules were suspended, Engrossed Senate Bill No. 5600 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5600.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5600, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 42. Voting nay: Senators Bauer, Franklin, Hargrove, Prentice, Snyder, Swanson and Thibaudeau - 7. ENGROSSED SENATE BILL NO. 5600, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 9:40 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 11:43 a.m. by Vice President Pro Tempore Morton.
SECOND READING
SENATE BILL NO. 6030, by Senators Schow, Goings, Anderson, Haugen, Horn, Rasmussen, Long and Oke
Establishing a performance audit and operations review of the workers' compensation system.
MOTIONS
On motion of Senator Johnson, Substitute Senate Bill No. 6030 was substituted for Senate Bill No. 6030 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 6030 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6030.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6030 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
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, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Absent: Senator Swecker - 1. SUBSTITUTE SENATE BILL NO. 6030, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 11:51 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 1:40 p.m. by President Owen.
MOTION
On motion of Senator Hale, Senator Newhouse was excused.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Wood, Gubernatorial Appointment No. 9155, Ricardo R. Garcia, as a member of the Board of Trustees for Yakima Valley Community College District No. 16, was confirmed.
APPOINTMENT OF RICARDO R. GARCIA
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 5; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Wojahn, Wood and Zarelli - 43. Absent: Senators Kline, Long, McCaslin, West and Winsley - 5. Excused: Senator Newhouse - 1.
MOTIONS
On motion of Senator Swecker, Senators Anderson and West were excused.
On motion of Senator Franklin, Senator Thibaudeau was excused.
MOTION
On motion of Senator Wood, Gubernatorial Appointment No. 9156, Kathleen Gutierrez, as a member of the Board of Trustees for Everett Community College District No. 15, was confirmed.
APPOINTMENT OF KATHLEEN GUTIERREZ
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators 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, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Winsley, Wojahn, Wood and Zarelli - 45. Excused: Senators Anderson, Newhouse, Thibaudeau and West - 4.
SECOND READING
SENATE BILL NO. 5787, by Senators Benton, Snyder and Newhouse
Concerning the disposition of proceeds from county land deeded to the department of natural resources.
The bill was read the second time.
MOTION
On motion of Senator Benton, the rules were suspended, Senate Bill No. 5787 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. 5787.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5787 and the bill passed the Senate by the following vote:
Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators 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, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 46. Excused: Senators Anderson, Newhouse and West - 3. SENATE BILL NO. 5787, 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. 5790, by Senators McCaslin, Fraser, Haugen, Patterson, Stevens, Horn, Oke and Wojahn (by request of State Auditor Sonntag)
Modifying the state employee whistleblower protection act.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 5790 was substituted for Senate Bill No. 5790 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5790 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. 5790.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5790 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, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Newhouse and West - 2. SUBSTITUTE SENATE BILL NO. 5790, 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. 5284, by Senators Long, Strannigan, Haugen, McAuliffe and Wood
Providing for additional judges for Snohomish county superior court.
The bill was read the second time.
MOTION
On motion of Senator Long, the rules were suspended, Senate Bill No. 5284 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. 5284.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5284 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, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Newhouse and West - 2. SENATE BILL NO. 5284, 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 Stevens: “I would like to rise to a point of personal privilege. I wanted to thank the kind ladies and gentlemen of this chamber for so graciously working with me, and for the opportunity that you gave me to make my first floor speech. I know that it was somewhat enduring of you to sit and quietly listen and be patient and I truly do appreciate it. Senator McCaslin was right in pointing out that I owe you a little treat for bearing with me. I would like to take this opportunity to share with you, as I have something to bring to you in my due appreciation for what you were having to endure.
“Because I am so proud of the dairy industry in my district, I’ve decided to introduce you to a wonderful dairy product from the Country Charm Dairy. You all have had the opportunity to see the little gift that came--that is the chocolate milk that came from the Country Charm Dairy. With that, I would like to give you a little bit of background and a little history about this wonderful dairy. Throughout the world, Country Charm has achieved a good reputation as a model farm. Agricultural teams from as far away as Germany, China and New Zealand have come to learn about their farming and management techniques. I’m proud to share with you some of the dairy products in our state. Enjoy them and don‘t worry about the calories.
“The Graafstras began farming the land more than forty years ago. In the 1970s , they built a milk processing plant to process the milk they produce. In 1977, they added ice cream to their production line. In 1990, Country Charm Dairy expanded to its current size by remodeling the processing plant and adding a new ice cream facility.
“Before you indulge, I’d like to share a little bit about the family in regard to what they exactly have there in the Arlington area. It’s located in the green foothills of the North Cascades Mountain Range where it is nearly two hundred acres bordering the south fork of the Stillaguamish River. I would like to point out for Senator McCaslin’s benefit that unfortunately I was not able to remove all of the things that he complained about. The little cartons of Country Charm chocolate milk you find on your desks are not lowfat. I apologize again to the kind Senator. They are, however, low in calories and they are non-alcoholic, as per your request, kind gentleman. I would guess that you will just have to splurge on your diets and go ahead and indulge in the few calories that are there. I thank you, Mr. President, and ladies and gentlemen of the chamber for indulging in this opportunity to share with you my district."
POINT OF INQUIRY
Senator McCaslin: “Senator Stevens, your speech was so long, my milk soured. I wondered if you had anymore. Mr. President, does Carnation get equal time or is this about it?"
REPLY BY THE PRESIDENT
President Owen: “This is it, Senator."
SECOND READING
SENATE BILL NO. 5864, by Senators Roach and Schow
Renaming first-degree reckless endangerment as drive-by shooting.
MOTIONS
On motion of Senator Roach, Substitute Senate Bill No. 5864 was substituted for Senate Bill No. 5864 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. 5864 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. 5864.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5864 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 45. Absent: Senators Franklin, Snyder and Thibaudeau - 3. Excused: Senator Newhouse - 1. SUBSTITUTE SENATE BILL NO. 5864, 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. 5091, by Senators Roach, Swecker and Winsley
Providing for uniformity in the application of real property laws to insure fairness and due process.
MOTION
On motion of Senator Roach, Substitute Senate Bill No. 5091 was substituted for Senate Bill No. 5091 and the substitute bill was placed on second reading and read the second time.
MOTION
On motion of Senator Johnson, and there being no objection, further consideration of Substitute Senate Bill No. 5091 was deferred.
SECOND READING
SENATE BILL NO. 5762, by Senators Heavey, West, Schow, Deccio, Rasmussen, Brown, McCaslin and Goings
Benefiting the entire equine industry.
MOTIONS
On motion of Senator Johnson, Substitute Senate Bill No. 5762 was substituted for Senate Bill No. 5762 and the substitute bill was placed on second reading and read the second time.
Senator McCaslin moved that the following amendment by Senators McCaslin and Brown be adopted:
On page 2, line 16, after "continue", insert ", which shall include some days in at least three of the months of April, May, June, July, August, and September," The President declared the question before the Senate to be the adoption of the amendment by Senators McCaslin and Brown on page 2, line 16, to Substitute Senate Bill No. 5762.
The motion by Senator McCaslin failed and the amendment was not adopted.
MOTION
Senator Loveland moved that the following amendment be adopted:
On page 3, line 23, after "forward" strike "one-tenth" and insert "((one-tenth)) two-tenths" Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Loveland on page 3, line 23, to Substitute Senate Bill No. 5762.
The motion by Senator Loveland failed and the amendment was not adopted.
MOTION
Senator Brown moved that the following amendments by Senators Brown and McCaslin be considered simultaneously and be adopted:
On page 6, line 9, after "commission" strike "may" and insert "shall" On page 7, line 26, after "least" strike "thirty" and insert "forty" On page 7, at the beginning of line 27, strike "three" and insert "four" Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Brown and McCaslin on page 6, line 9; page 7, line 26; and page 7, at the beginning of line 27; to Substitute Senate Bill No. 5762.
The motion by Senator Brown carried and the amendments were adopted.
MOTION
Senator Brown moved that the following amendment by Senators Brown and McCaslin be adopted:
On page 7, line 29, after "status." insert "The commission must permit otherwise-qualified racing associations conducting live racing meets in this state in either calendar year 1996 or 1997, or both, to maintain class 1 racing association status."
POINT OF INQUIRY
Senator Heavey asked Senator Brown to yield to a question, but Senator Brown would not yield to a question.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Brown and McCaslin on page 7, line 29, to Substitute Senate Bill No. 5762.
The motion by Senator Brown failed and the amendment was not adopted on a rising vote..
MOTIONS
On motion of Senator Heavey, the following amendment by Senators Heavey, Schow, Deccio and Snyder was adopted:
On page 7, after line 29, strike all of subsection (8) and insert the following: "(8) This section does not establish a new form of gaming in Washington or allow expanded gaming within the state beyond what has been previously authorized. This section is necessary to protect the Washington equine breeding and racing industries. The purpose of this section is to protect live horseracing and promote fan attendance at class I racing facilities. Therefore, imported simulcast race card programs shall not be disseminated to any location outside the live racing facility of the class I racing association and tribal-state compacts for class III gaming shall not be amended based upon this section." On motion of Senator Schow, the rules were suspended, Engrossed Substitute Senate Bill No. 5762 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
PARLIAMENTARY INQUIRY
Senator McCaslin: “A parliamentary inquiry, Mr. President. In the State Constitution, Article 2, Section 24, Lotteries and Divorce, it says, ‘ Lotteries shall be prohibited except as specifically authorized upon the affirmative vote of sixty percent of the members of each house of the legislature.’ Does this bill, in fact, require sixty percent?"
MOTION
On motion of Senator Johnson, and there being no objection, further consideration of Engrossed Substitute Senate Bill No. 5762 was deferred.
Vice President Pro Tempore Morton assumed the Chair.
MOTION
On motion of Senator Hale, Senators Rossi and Strannigan were excused.
SECOND READING
SENATE BILL NO. 5313, by Senators Wood, Haugen and Prince (by request of Department of Transportation)
Establishing the advanced environmental mitigation revolving fund.
MOTIONS
On motion of Senator West, Second Substitute Senate Bill No. 5313 was substituted for Senate Bill No. 5313 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator West, the rules were suspended, Second Substitute Senate Bill No. 5313 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5313.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5313 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Sellar, Sheldon, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 39. Voting nay: Senators Fairley, Heavey, Kline, Kohl, Patterson, Schow, Swanson and Thibaudeau - 8. Excused: Senators Rossi and Strannigan - 2. SECOND SUBSTITUTE SENATE BILL NO. 5313, 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. 5578, by Senators Long, Hargrove and Winsley (by request of Department of Social and Health Services)
Concerning the placement and custody of at-risk youth.
MOTIONS
On motion of Senator Long, Substitute Senate Bill No. 5578 was substituted for Senate Bill No. 5578 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 5578 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5578.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5578 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, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Rossi and Strannigan - 2. SUBSTITUTE SENATE BILL NO. 5578, 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. 5676, by Senators Newhouse, Schow and Anderson
Regulating real estate appraisers.
MOTIONS
On motion of Senator Schow, Substitute Senate Bill No. 5676 was substituted for Senate Bill No. 5676 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. 5676 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5676.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5676 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; 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, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Absent: Senators McDonald and Prince - 2. Excused: Senators Rossi and Strannigan - 2. SUBSTITUTE SENATE BILL NO. 5676, 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. 5718, by Senators Wood, Newhouse, Haugen, Winsley and Oke (by request of Department of Licensing)
Protecting certain personal information in state motor vehicle and driver records.
MOTIONS
On motion of Senator Wood, Substitute Senate Bill No. 5718 was substituted for Senate Bill No. 5718 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. 5718 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5718.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5718 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, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Rossi and Strannigan - 2. SUBSTITUTE SENATE BILL NO. 5718, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Owen assumed the Chair.
SECOND READING
SENATE BILL NO. 5288, by Senator McCaslin (by request of Administrator for the Courts)
Creating additional judicial positions in the Spokane superior court.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5288 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. 5288.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5288 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Absent: Senator Franklin - 1. Excused: Senators Rossi and Strannigan - 2. SENATE BILL NO. 5288, 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. 5360, by Senators Hargrove, Anderson, Spanel, Swecker, Haugen, Oke, Snyder and Kline
Providing commercial salmon fishers with a license renewal process when they opt to not renew for a season.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 5360 was substituted for Senate Bill No. 5360 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5360 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. 5360.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5360 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; 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, Prince, Rasmussen, Roach, Schow, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Absent: Senator Sellar - 1. Excused: Senators Rossi and Strannigan - 2. SUBSTITUTE SENATE BILL NO. 5360, 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. 5370, by Senators Finkbeiner, Brown, Hochstatter, Strannigan, Rossi, Sheldon, Patterson and Winsley (by request of Utilities and Transportation Commission)
Allowing a telecommunications company to reduce a rate or charge in a more streamlined manner.
The bill was read the second time.
MOTION
On motion of Senator Finkbeiner, the rules were suspended, Senate Bill No. 5370 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5370.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5370 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, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Rossi and Strannigan - 2. SENATE BILL NO. 5370, 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 Kline, Senator Swanson was excused.
SECOND READING
SENATE BILL NO. 5647, by Senators Wood, Snyder, Swecker, Bauer, Zarelli, Winsley and Kohl (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.
The bill was read the second time.
MOTION
On motion of Senator Wood, the rules were suspended, Senate Bill No. 5647 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. 5647.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5647 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 3; 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, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 44. Absent: Senators McDonald, Sellar and Wojahn - 3. Excused: Senators Strannigan and Swanson - 2. SENATE BILL NO. 5647, 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. 5997, by Senators Haugen, Schow and Fraser
Requiring periodic inspections for the regulation of cosmetology, barbering, esthetics, and manicuring.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5997 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. 5997.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5997 and the bill passed the Senate by the following vote:
Yeas, 46; Nays, 2; 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, Prince, Rasmussen, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 46. Voting nay: Senators Roach and Zarelli - 2. Excused: Senator Strannigan - 1. SENATE BILL NO. 5997, 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. 5703, by Senators Anderson and Morton
Concerning a water right for the beneficial use of water.
MOTION
On motion of Senator Morton, Substitute Senate Bill No. 5703 was substituted for Senate Bill No. 5703 and the substitute bill was placed on second reading and read the second time.
MOTION
On motion of Senator Johnson, and there being no objection, further consideration of Substitute Senate Bill No. 5703 was deferred.
MOTION
At 3:29 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 5:45 p.m. by President Owen.
.
SECOND READING
SENATE BILL NO. 5727, by Senators Wood, Haugen, Jacobsen, Hargrove, Finkbeiner, Deccio, Heavey, Goings, McAuliffe, Patterson, Prentice, Winsley, Kohl and Rasmussen
Requiring rearview mirrors on certain delivery trucks.
MOTION
On motion of Senator Wood, Substitute Senate Bill No. 5727 was substituted for Senate Bill No. 5727 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. 5727 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. 5727.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5727 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Sheldon, Snyder, Spanel, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 37. Voting nay: Senators Benton, Finkbeiner, Hochstatter, Horn, McDonald, Morton, Newhouse, Rossi, Schow, Sellar, Stevens and Zarelli - 12. SUBSTITUTE SENATE BILL NO. 5727, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of Engrossed Substitute Senate Bill No. 5762, deferred on third reading earlier today.
RULING BY THE PRESIDENT
President Owen: “In responding to the parliamentary inquiry by Senator McCaslin, the President finds that Engrossed Substitute Senate Bill No. 5762 is a measure which authorizes increases in the size of the paraimutuel pools on simulcast races, but does not add statutory authority for new locations or additional forms of gambling.
“Precedents on this issue have clearly stated that bills which add new forms of gambling or authorize added occurrences require a sixty percent vote. However, if the statutory authority is already available and the legislation directs added occurrences within that authority, there is no expansion and only a majority vote is required. This was clearly stated in previous rulings. In this case, RCW 67.16.190 authorizes wagering on in-state and of-state simulcast races without limit on the number of such races.
“Precedents also hold that increases in dollar value alone, such as the price of raffle tickets, do not constitute an expansion or a new form of gambling and do not require a super majority.
“The President, therefore, finds that Engrossed Substitute Senate Bill No. 5762 requires a majority (twenty-five votes) for final passage."
Debate ensued.
POINT OF INQUIRY
Senator Schow: “Senator Heavey, it is my understanding that Engrossed Substitute Senate Bill No. 5762 does not authorize a new form of gaming, as the President has ruled, or expand an existing form of gaming."
Senator Heavey: “Thank you, Senator. Your understanding is correct. Engrossed Substitute Senate Bill No. 5762 allows Washington tracks to sell their races out of state. These sales do not result in any increase in gaming in Washington, but provide increased industry revenue generated from gaming conducted in other states. Engrossed Substitute Senate Bill No. 5762 also restricts the quantity of races that a Washington track can import from out-of-state.
“Authorization to export Washington races and to import out-of-state races is already contained in RCW 67.16.190. These activities have already been conducted by some tracks in this state on a limited basis. Our intent with the legislation is to establish conditions under which out-of-state races can be simulcast into race tracks into Washington and require that a portion of the proceeds generated from such activities are used to increase the purse money paid to horses that run at the race tracks in our state. In addition, this legislation seeks to increase fan attendance at live race meets in this state."
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. 5762.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5762 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Fraser, Goings, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McDonald, Newhouse, Patterson, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wood and Zarelli - 33. Voting nay: Senators Brown, Fairley, Hale, Hargrove, Haugen, Loveland, McAuliffe, McCaslin, Morton, Oke, Prentice, Prince, Sellar, Swanson, West and Wojahn - 16. ENGROSSED SUBSTITUTE SENATE BILL NO. 5762, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5703, deferred on second reading earlier today.
MOTION
Senator Spanel moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. A new section is added to chapter 90.03 RCW to read as follows: If a person placed surface or ground water to beneficial use for irrigation or stock watering purposes before January 1, 1993, for which a permit or certificate was not issued by the department or its predecessors, the person or the person's successor holds a temporary water right in the amount beneficially used and with a priority date that is the effective date of this section. A temporary water right established by this section shall remain in effect during the pendency of basin, regional, or watershed planning, but shall not be effective after June 30, 2002, unless extended by the department until the completion of active watershed planning efforts. If a general adjudication of water rights is filed for the watershed after January 1, 1997, the holders of temporary water rights established by this section shall have standing in the adjudication. A temporary water right is established if: (1) The person filed with the department before January 1, 1997, an application for the use of the water claimed under this section, and as of the effective date of this section the department has not rendered a permit decision on the application; (2) The person or the person's successor files with the department of ecology a statement of claim for the right during the period beginning September 1, 1997, and ending midnight June 30, 1998, using the standard form prescribed by RCW 90.14.051; and (3) The person or the person's successor files with the statement of claim evidence that the water described in the claim was used beneficially before January 1, 1993, in the form of any two of the following: (a) A statement signed by two persons other than the person filing the statement of claim verifying that the water was beneficially used by the claimant before January 1, 1993, as described in the statement of claim; (b) A copy of a dated photograph clearly demonstrating the presence of a high value crop requiring irrigation in the amounts asserted in the statement of claim or of livestock requiring water in such amounts; or records of receipts of the sale of crops by the person or the person's successor indicating that irrigation in the amount claimed was required to produce the crops; (c) Receipts or records of irrigation or stockwatering equipment purchases or repairs associated with the water use specified in the statement of claim; (d) Water well construction records identifying the date the well specified in the statement of claim as the point of withdrawal was constructed; (e) Records of electricity bills directly associated with the withdrawal of water as specified in the statement of claim; (f) Personal records such as photographs, journals, or correspondence indicating the use of water as asserted in the statement of claim. This section shall apply only to persons whose water source lies within a watershed in which local basin, regional, or watershed planning was initiated in accordance with chapter 90.54 RCW before January 1, 1997, in part to address unauthorized water uses. It shall not apply in any watershed in which a general adjudication of water rights was pending on or before January 1, 1997. NEW SECTION. Sec. 2. A new section is added to chapter 90.54 RCW to read as follows: Basin, regional, or watershed plans developed under this chapter may establish means for legally providing water for water uses operating under temporary water rights established by section 1 of this act. The plan may recommend issuance of permanent water rights under conditions and limitations recommended by the plan. The conditions for such issuance may include measures required to mitigate for effects on senior water rights and aquatic resources." Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Spanel to Substitute Senate Bill No. 5703.
The motion by Senator Spanel failed and the striking amendment was not adopted on a rising vote.
MOTION
On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 5703 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. 5703.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5703 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Hochstatter, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 33. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Haugen, Heavey, Jacobsen, Kline, Kohl, McAuliffe, Patterson, Prentice, Spanel, Swanson, Thibaudeau and Wojahn - 16. SUBSTITUTE SENATE BILL NO. 5703, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 6:17 p.m., on motion of Senator Johnson, the Senate adjourned until 8:00 a.m., Saturday, March 15, 1997.
BRAD OWEN, President of the Senate
MIKE O’CONNELL, Secretary of the Senate