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EIGHTY-FIFTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Monday, April 7, 1997

The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Bauer, Benton, Brown, Hargrove, Patterson, Roach and Schow. On motion of Senator Franklin, Senators Bauer, Brown, Hargrove and Patterson were excused. On motion of Senator Hale, Senators Benton, Roach and Schow were excused.

The Sergeant at Arms Color Guard, consisting of Pages John Coburn and Angela Ferguson, presented the Colors. Reverend Jeff Turley, pastor of the Ridge Community Church of Issaquah, and a guest of Senator Bob Morton, 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.

INTRODUCTION AND FIRST READING

SB 6095 by Senators Finkbeiner, Rossi and Hochstatter

AN ACT Relating to exempting electric generating facilities powered by landfill gas from sales and use taxes; amending RCW 82.08.02567 and 82.12.02567; and declaring an emergency.

Referred to Committee on Ways and Means.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Spanel, Gubernatorial Appointment No. 9211, Mary Swenson, as a member of the Board of Trustees for Western Washington University, was confirmed.

CONFIRMATION OF MARY SWENSON

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Anderson, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42. Excused: Senators Bauer, Benton, Brown, Hargrove, Patterson, Roach and Schow - 7.

MOTION

On motion of Senator Loveland, Gubernatorial Appointment No. 9118, Jim Jesernig, as Director of the Department of Agriculture, was confirmed.

Senators Loveland and Rasmussen spoke to the confirmation of Jim Jesernig as Director of the Department of Agriculture.

CONFIRMATION OF JIM JESERNIG

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Anderson, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, ;;;'';/Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42. Excused: Senators Bauer, Benton, Brown, Hargrove, Patterson, Roach and Schow - 7.

MOTION

At 8:50 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.

The Senate was called to order at 9:25 a.m. by President Owen.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1007, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas and Wolfe) (by request of Pollution Liability Insurance Agency)

Expanding the duties of the director of the Washington state pollution liability insurance agency.

The bill was read the second time.

MOTION

On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 1007 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 House Bill No. 1007.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1007 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, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Hargrove and Schow - 2. SUBSTITUTE HOUSE BILL NO. 1007, 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

SUBSTITUTE HOUSE BILL NO. 1016, by House Committee on Capital Budget (originally sponsored by Representatives Schoesler, Honeyford, McMorris, Carlson, Boldt, Mason, Sheahan, Buck, Ogden, Huff, Grant, Chandler and Clements) (by request of Washington State University)

Transferring property to Washington State University Lind dryland research unit.

The bill was read the second time.

MOTION

On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1016 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 House Bill No. 1016.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1016 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, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Hargrove and Schow - 2. SUBSTITUTE HOUSE BILL NO. 1016, 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

HOUSE BILL NO. 1019, by Representatives Honeyford, Ogden, D. Sommers and Mason (by request of Public Works Board)

Implementing the public works board's recommendations for project loans.

The bill was read the second time.

MOTION

Senator West moved that the following Committee on Ways and Means amendment be adopted:

Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. Pursuant to chapter 43.155 RCW, the following project loans recommended by the public works board are authorized to be made with funds previously appropriated from the public works assistance account:(1) City of Blaine--sanitary sewer project--construct new grit channel, chlorine contact chambers, and chlorination/dechlorination facility and sludge dewatering equipment. Replacement of rotating biological contactors and secondary clarifiers with sequencing batch reactors$2,318,037(2) City of Blaine--sanitary sewer project--replace sewer lines between peace portal drive and pump station no. 1 on Marine Drive, including nine manholes, curb and gutter removal, and roadway repair$593,365(3) City of Bremerton--sanitary sewer project--separating the combined sewer and storm water drainage systems, separating roof drains, and other measures to reduce overflows$662,000(4) City of Buckley--sanitary sewer project--reduce l/l problem by installing a sanitary sewer and storm pipe, conversion of existing sewer mains to storm water, and construction of an aerobic digester$1,200,000(5) Covington Water District--domestic water project--provide facilities for dosing chemicals for disinfection and PH adjustment$1,596,000(6) Grays Harbor County--sanitary sewer project--transitioning from failing individual on-site systems to and upgraded and expanding treatment facility with twenty-five mgd advanced secondary wastewater treatment facility$4,000,000(7) City of Ilwaco--sanitary sewer project--replacement of side sewer lines in two city sewer basins in order to meet department of health compliance order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$193,500

(8) City of Ilwaco--domestic water project--install a steel forty-two thousand gallon aeration basin and a one hundred pound per day ozone generating and injection unit upstream from the existing water filter to improve water quality$477,000(9) Mason County PUD No. 1--domestic water project--rehabilitation/improvements through the replacement of existing water system facilities, thereby supplying a reliable and safe source of potable water$1,551,870(10) City of Medical Lake--sanitary sewer project--installation of an advanced wastewater treatment facility, consisting of a sequential batch reactor with rotary fine screens; grit chamber; equalization basin; effluent filters; batch aeration basins; ultraviolet radiation disinfection; ten thousand lineal feet of force main; one lift station and a composting facility$4,620,000(11) City of Puyallup--sanitary sewer project--provide enhanced removal of pollutants from the community's wastewater to comply with a department of ecology order$7,000,000(12) City of Quincy--road project--repair/replacement of damaged portions of curb, gutter, and sidewalk; consisting of grading, drainage improvements, crushed rock base, asphalt concrete pavement, curb and gutter, sidewalk, and illumination. Replacement of malfunctioning railroad crossing signal system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $449,995

(13) Town of Rosalia--domestic water project--construct a new three hundred thousand gallon water reservoir, replacement of an antiquated booster pump station. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$216,900

(14) City of Seattle--bridge project--replace steel deck grating on the University and Fremont bridges, install truss protection railing, and rehabilitate the centerlock$3,284,640(15) City of Woodland--domestic water project--provide water collection laterals, transmission main, a new filtration plant with one hundred thousand gallon wet well storage, and filters that will enhance the existing well water source$1,797,000(16) Emergency Public Works Loans--as authorized by RCW 43.155.065$1,898,649Section 1 total$31,858,956NEW SECTION. Sec. 2. An appropriation of $25,000,000 for the biennium ending June 30, 1997, is hereby made from the public works assistance account to the department of community, trade, and economic development for the purposes of providing funds for the following project loans recommended by the public works board:(1) City of Blaine--sanitary sewer project--replace seventy-year-old sewer system with new sanitary sewers$332,700(2) City of Bonney Lake--domestic water project--installation of a new two million gallon reservoir to meet department of health requirements$953,595(3) Public Utility District No. 1 of Chelan County--domestic water--construction of a five hundred thousand gallon concrete reservoir and appurtenances, approximately two hundred lineal feet of eight-inch water main for connection to existing distribution system, and site restoration to comply with department of health requirements$390,950(4) Coal Creek Utility District--domestic water project--replace approximately ten thousand six hundred lineal feet of water main and construct two water chlorination facilities$747,425(5) Covington Water District--domestic water project--replace approximately twenty-three thousand five hundred lineal feet of leaky distribution service lines and connections at Timberlane Estates$1,389,500(6) Cross Valley Water District--domestic water project--construct a water treatment facility including appurtenances, buildings, and equipment for production wells no. 5, 6, and 10$945,770(7) City of Duvall--domestic water project--replace two thousand three hundred lineal feet of ten-inch ac water main, install a backup generator, demolish and remove two fifty-five thousand gallon reservoirs and install a one thousand gpm pump station$298,491(8) Fall City Water District--domestic water project--replace water lines on SE 48th, 328th Way SE, Preston-Fall City Road, also replace Heathercrest water tank, and service the Riverview Park$211,750(9) Highline Water District--domestic water project--replacement of approximately twenty-three thousand seven hundred fifty lineal feet of water main to improve water quality$1,261,176(10) City of Leavenworth--sanitary sewer--design and construct improvements to wastewater treatment plant and wastewater collection system; including seven hundred fifty thousand gallon oxidation ditch, a third clarifier, modification/improvements to return to activated sludge pumping, and an ultraviolet disinfection system$2,915,000(11) City of Monroe--domestic water project--replace Ingraham Hill reservoir with a two million gallon water tank and a two million gallon water standpipe and booster pump station on the North Hill site to reduce environmental and health impact$3,420,000(12) Olympic View Water and Sewer District--domestic water project--construct a new water filtration facility at Deer Creek for compliance with filtration and disinfection standards$919,345(13) City of Renton--domestic water project--construction of corrosion control treatment facilities to treat water from wells WW 1, 2, 3, 8, and 9 and Springbrook Springs$932,600(14) City of Seattle--bridge project--bridge columns and substructure of the South Spokane Street Viaduct will be strengthened by adding seismic jacketing to all existing columns, in addition to increasing the size of the viaduct's bridge girder seats$456,885(15) Southwest Suburban Sewer District--sanitary sewer project--replace and rehabilitate approximately eighteen thousand lineal feet of existing sanitary sewer lines, associated manholes, and side sewer connections in the Salmon Creek Drainage Basin$2,100,000(16) City of Spokane--bridge project--remove and replace two bridges in downtown Spokane including new water and sewer mains and a pedestrian/bicycle pathway$4,000,000(17) City of Spokane--domestic water project--replaces eighty-five-year-old water transmission and ductile mains, including valves and casing under a rail line, also pavement removal, restoration, and traffic control measures$4,428,000(18) City of University Place--road project--construct six-foot sidewalks, including handicap accessible curbs and gutters, and bicycle lanes on both sides of Grandview Drive. Also construct enclosed storm drainage system$1,882,000(19) Val Vue Sewer District--sanitary sewer project--rehabilitation of approximately two thousand four hundred sixty-five lineal feet of failing sewer mains in the Rainier Vista area$175,000Section 2 total$27,760,187Total of sections 1 and 2$59,619,143Sec. 3. RCW 43.155.060 and 1988 c 93 s 2 are each amended to read as follows: In order to aid the financing of public works projects, the board may: (1) Make low-interest or interest-free loans to local governments from the public works assistance account or other funds and accounts for the purpose of assisting local governments in financing public works projects. The board may require such terms and conditions and may charge such rates of interest on its loans as it deems necessary or convenient to carry out the purposes of this chapter. Money received from local governments in repayment of loans made under this section shall be paid into the public works assistance account for uses consistent with this chapter. (2) Pledge money in the public works assistance account, or money to be received by the public works assistance account, to the repayment of all or a portion of the principal of or interest on obligations issued by local governments to finance public works projects. The board shall not pledge any amount greater than the sum of money in the public works assistance account plus money to be received from the payment of the debt service on loans made from that account, nor shall the board pledge the faith and credit or the taxing power of the state or any agency or subdivision thereof to the repayment of bligations issued by any local government. (3) Create such subaccounts in the public works assistance account as the board deems necessary to carry out the purposes of this chapter. (4) Provide a method for the allocation of loans and financing guarantees and the provision of technical assistance under this chapter. The board shall ensure that at the beginning of each fiscal quarter there is a sufficient cash balance in the public works assistance account to cover the disbursements anticipated during the quarter. All local public works projects aided in whole or in part under the provisions of this chapter shall be put out for competitive bids, except for emergency public works under RCW 43.155.065 for which the recipient jurisdiction shall comply with this requirement to the extent feasible and practicable. The competitive bids called for shall be administered in the same manner as all other public works projects put out for competitive bidding by the local governmental entity aided under this chapter. NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately." Debate ensued.

The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment to House Bill No. 1019.

The motion by Senator West carried and the committee striking amendment was adopted.

MOTIONS

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

On page 1, line 2 of the title, after "board;" strike the remainder of the title and insert "amending RCW 43.155.060; creating new sections; making an appropriation; and declaring an emergency." On motion of Senator West, the rules were suspended, House Bill No. 1019, as amended by the Senate, 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 House Bill No. 1019, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1019, as amended by the Senate, 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, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Schow - 1. HOUSE BILL NO. 1019, as amended by the Senate, 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

HOUSE BILL NO. 1054, by Representatives Dunn, Carlson, Mason and Mielke (by request of Higher Education Coordinating Board)

Referencing the prior fiscal period rather than biennia for refunds and recoveries to the state educational trust fund.

The bill was read the second time.

MOTIONS

On motion of Senator Wood, the following Committee on Higher Education amendment was adopted:

Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 28B.10.821 and 1996 c 107 s 1 are each amended to read as follows: The state educational trust fund is hereby established in the state treasury. The primary purpose of the trust is to pledge state-wide available college student assistance to needy or disadvantaged students, especially middle and high school youth, considered at-risk of dropping out of secondary education who participate in board-approved early awareness and outreach programs and who enter any accredited Washington institution of postsecondary education within two years of high school graduation. The board shall deposit refunds and recoveries of student financial aid funds expended in the prior ((biennia)) fiscal period in such account. The board may also deposit moneys that have been contributed from other state, federal, or private sources. Expenditures from the fund shall be for financial aid to needy or disadvantaged students. The board may annually expend such sums from the fund as may be necessary to fulfill the purposes of this section, including not more than three percent for the costs to administer aid programs supported by the fund. All earnings of investments of balances in the state educational trust fund shall be credited to the trust fund. Expenditures from the fund shall not be subject to appropriation but are subject to allotment procedures under chapter 43.88 RCW." On motion of Senator Wood, the following title amendment was adopted:

On page 1, line 1 of the title, after "fund;" strike the remainder of the title and insert "and amending RCW 28B.10.821."

MOTION

On motion of Senator Wood, the rules were suspended, House Bill No. 1054, as amended by the Senate, 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 House Bill No. 1054, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1054, as amended by the Senate, 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, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Schow - 1. HOUSE BILL NO. 1054, as amended by the Senate, 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 Pro Tempore Newhouse assumed the Chair.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1061, by House Committee on Natural Resources (originally sponsored by Representatives Sheldon, Mielke and Grant)

Restricting the state parks and recreation commission authority to regulate metal detectors.

The bill was read the second time.

MOTION

On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1061 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1061.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1061 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, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Schow - 1. SUBSTITUTE HOUSE BILL NO. 1061, 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

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1064, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Wolfe, Dyer and Mason) (by request of Insurance Commissioner Senn)

Changing the financial and reporting requirements of health care service contractors and health maintenance organizations.

The bill was read the second time.

MOTION

On motion of Senator Winsley, the rules were suspended, Engrossed Substitute House Bill No. 1064 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1064.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1064 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, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Schow - 1. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1064, 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 Franklin, Senator Wojahn was excused.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1089, by House Committee on Children and Family Services (originally sponsored by Representatives Cooke, Tokuda, Radcliff, Backlund, Boldt, Mason and Cairnes)

Correcting references to the former aid to families with dependent children program.

The bill was read the second time.

MOTION

On motion of Senator Johnson, the rules were suspended, Substitute House Bill No. 1089 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1089.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1089 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, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 47. Excused: Senators Schow and Wojahn - 2. SUBSTITUTE HOUSE BILL NO. 1089, 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 reverted to the first order of business.

Senator Johnson moved that Engrossed House Bill No. 3901, which was held on the desk March 31 and April 4, 1997, be referred to the Committee on Rules.

POINT OF ORDER

Senator Snyder: “A point of order, Mr. President. Friday, when this bill came up, Senator Johnson made a motion to put the bill in Rules and I made a motion to refer the bill to Ways and Means and he later withdrew his motion and then we held the bill down. So, I believe that my motion to refer the bill to Ways and Means is still in order and the motion to refer to Ways and Means or to put the bill in the Rules Committee is of equal rank and since mine was made first, I believe mine would be the one that would be in order now.”

REPLY BY THE PRESIDENT PRO TEMPORE

President Pro Tempore Newhouse: “Senator Johnson, do you have comments?”

Senator Johnson: “Well, I think when the motion was granted to place the bill at the desk, Mr. President, that superceded prior motions that might have been pending at that time and, therefore, I think the motion that I made is the pending motion.”

President Pro Tempore Newhouse: “Senator Snyder, I am going to rule that the motion by Senator Johnson took priority on Friday. Therefore, your motion is no longer before us.”

Senator Snyder: “Well, I believe he withdrew his motion. It wasn't held. His motion was withdrawn on a motion by Senator Johnson, himself, and then the bill, 3901 was held until today.”

President Pro Tempore Newhouse: “With business intervening and with no rule covering this subject, the members should renew their motions. Senator Johnson has moved that Engrossed House Bill No. 3901 be referred to the Committee on Rules.”

Debate ensued.

POINT OF INQUIRY

Senator Snyder: “Senator Deccio, has Engrossed House Bill No. 3901 had a public hearing in your committee?”

Senator Deccio: “3901 has not, because the bill that came over from the House was a result of the fusing of the Senate Bill and the House Bill. That's the bill that we have been negotiating with the Governor on and that is what we have before us today.”

Senator Snyder: “But it hasn't had a public hearing in your committee?”

Senator Deccio: “Senator, both bills have had public hearings, one in the House and three in the Senate and at least two in the House.”

Senator Snyder: “But, Engrossed House Bill No. 3901 is different than the ones that have had hearings. Isn't that correct?”

Senator Deccio: “The differences are based on negotiation with the Governor and if I might add, Mr. President, last year I was on four negotiations committees and never was invited to a meeting. At this point, this bill--we are talking about the same kind of a scenario. We are negotiating with the Governor, because we got 'no' votes from the other side of the aisle on the Senate Bill. The House got 'no' votes on the other side of the aisle on the House bill. What purpose would there be in having another hearing? We will consider the same amendments; we are further now with the Governor than we have been with either the Democrats in the House or in the Senate. I don't think that we ought to stop that process.”

Senator Snyder: “Senator Deccio, I will have to disagree. I don't remember if there were any Democratic votes for the bill here, but I know the two House members from my district voted for the original bill that came out of the House, so there was some Democratic support and we thought we were pretty close on the bill that went out of here. We had a few questions and we thought if there were improvements made that we could vote for it. Instead of improvements, they have gone the other way. We understand that there are several changes and we can't even get a comparison sheet on what is being negotiated and what went out of here on the original bill. So, I think it needs some public scrutiny and I would certainly urge you to turn down the motion to put it in Rules and then put it in Ways and Means.”

Further debate ensued.

DEMAND FOR PREVIOUS QUESTION

Senators Johnson, Hale and Strannigan demanded the previous question.

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

The President Pro Tempore declared the question before the Senate to be the roll call on the demand for the previous question.

ROLL CALL

The Secretary called the roll and the demand for the previous question was sustained 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, Prince, Roach, Rossi, 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 Schow - 1. The President Pro Tempore declared the question before the Senate to be the motion by Senator Johnson to refer Engrossed House Bill No. 3901 to the Committee on Rules.

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

The President Pro Tempore declared the question before the Senate to be the roll call on the motion by Senator Johnson to refer Engrossed House Bill No. 3901 to the Committee on Rules.

ROLL CALL

The Secretary called the roll and the motion to refer Engrossed House Bill No. 3901 to the Committee on Rules carried by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.

ENGROSSED HOUSE BILL NO. 3901 was referred to the Committee on Rules.

President Owen assumed the Chair.

MOTION

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

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1124, by House Committee on Higher Education (originally sponsored by Representatives Quall, Carlson, Mason, Radcliff, Hatfield, Chopp, Lantz, O'Brien, Kessler, Murray, Gombosky, Morris and Costa)

Requiring that information about state higher education support be given to students with their tuition and fee bills.

The bill was read the second time.

MOTION

On motion of Senator Wood, the rules were suspended, Substitute House Bill No. 1124 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

MOTION

On motion of Senator Franklin, Senator Loveland was excused.

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1124.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1124 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, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Loveland and Schow - 2. SUBSTITUTE HOUSE BILL NO. 1124, 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

HOUSE BILL NO. 1162, by Representatives Dyer and Cody (by request of Department of Social and Health Services)

Providing for delegation of lien and subrogation rights to medical health care systems by contract.

The bill was read the second time.

MOTION

On motion of Senator Deccio, the rules were suspended, House Bill No. 1162 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 House Bill No. 1162.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1162 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator Finkbeiner - 1. Excused: Senator Schow - 1. HOUSE BILL NO. 1162, 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

SUBSTITUTE HOUSE BILL NO. 1166, by House Committee on Government Administration (originally sponsored by Representatives Romero, D. Schmidt, Scott, Wolfe, Dunn and Mason)

Establishing procedures for handling found property.

The bill was read the second time.

MOTION

On motion of Senator McCaslin, the rules were suspended, Substitute House Bill No. 1166 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

MOTION

On motion of Senator Franklin, Senator Prentice was excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1166.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1166 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, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Prentice and Schow - 2. SUBSTITUTE HOUSE BILL NO. 1166, 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

SUBSTITUTE HOUSE BILL NO. 1171, by House Committee on Government Administration (originally sponsored by Representatives D. Schmidt, Scott and Dunshee) (by request of Military Department)

Revising emergency management statutes.

The bill was read the second time.

MOTION

On motion of Senator McCaslin, the rules were suspended, Substitute House Bill No. 1171 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1171.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1171 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, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Schow - 1. SUBSTITUTE HOUSE BILL NO. 1171, 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

HOUSE BILL NO. 1188, by Representatives Carlson, Mason, Radcliff, Kenney, Butler, O'Brien, Van Luven, Sheahan, Dunn, Dyer, Chopp and Murray

Exempting Wyoming students admitted to the University of Washington's medical school from the tuition differential.

The bill was read the second time.

MOTION

On motion of Senator Wood, the rules were suspended, House Bill No. 1188 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Wojahn: “Senator Wood, do these students pay all the costs of going to school or does the state pick up the costs?”

Senator Wood: “Washington State does not pick up the cost.”

Senator Wojahn: “The full cost is borne by the state that is sending--the reason that I question this is we are losing our own kids to medical school. They cannot get into the University of Washington Medical School--our own state residents. Most universities throughout the United States now do not admit foreign students because of that reason. It's seems to me that we are being overly generous, especially if that displaces ten of our kids.”

Senator Wood: “Senator Wojahn, it does not displace any of the students who apply and are within the quota for the University of Washington and Washington State. It says here that the participating states reimburse the University of Washington for the cost of the 2.program.”

Senator Wojahn: “For the full cost?”

Senator Wood: “Yes.”

Senator Wojahn: “Because, according to this, it says to the proportionate costs and that would mean that they do not reimburse totally. That is what I am questioning--where it says, 'proportionate costs,' that would mean a share, but not a total cost.”

Senator Wood: “What I have on this piece of paper is that Wyoming will pay the full cost for those students, but I am not looking at the yellow sheet.”

Senator Wojahn: “Thank you.”

Further debate ensued.”

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1188.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1188 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, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 47. Voting nay: Senator Wojahn - 1. Excused: Senator Schow - 1. HOUSE BILL NO. 1188, 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

HOUSE BILL NO. 1189, by Representatives K. Schmidt, Chandler, DeBolt, Zellinsky, Buck, McMorris, Mastin, Carlson, Radcliff, Talcott, D. Schmidt, Carrell, Cairnes, Ballasiotes, Huff, Robertson, Hickel, Mitchell, Wolfe, Chopp, Kessler, H. Sommers, Cody, Murray, Doumit, Gardner, Regala, Morris, Wensman, Butler, Hatfield, Fisher, Ogden, Wood, Keiser, Conway, Kenney, Anderson, O'Brien, Cooper, Romero, Poulsen, Mason and Blalock

Making the moratorium on oil and gas exploration and production off the Washington coast permanent.

The bill was read the second time.

MOTION

On motion of Senator Oke, the rules were suspended, House Bill No. 1189 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 House Bill No. 1189.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1189 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, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Voting nay: Senator Hochstatter - 1. Excused: Senator Schow - 1. HOUSE BILL NO. 1189, 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

HOUSE BILL NO. 1241, by Representatives Pennington, Appelwick, Carlson, D. Schmidt, Wensman, Linville and Mason (by request of Legislative Ethics Board)

Limiting political activities of citizen members of the legislative ethics board.

The bill was read the second time.

MOTION

On motion of Senator McCaslin, the rules were suspended, House Bill No. 1241 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 House Bill No. 1241.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1241 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, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Voting nay: Senator Swanson - 1. Excused: Senator Schow - 1. HOUSE BILL NO. 1241, 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

SUBSTITUTE HOUSE BILL NO. 1249, by House Committee on Government Administration (originally sponsored by Representatives Dunn, Costa, Sheahan, Sterk, Lantz, Kenney, Lambert, Skinner, Gardner, D. Schmidt, D. Sommers, Ogden, O'Brien, Dunshee, B. Thomas, Wensman, Mason and Kessler) (by request of Secretary of State Munro)

Streamlining registration and licensing of businesses.

The bill was read the second time.

MOTION

On motion of Senator McCaslin, the rules were suspended, Substitute House Bill No. 1249 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 House Bill No. 1249.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1249 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, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Schow - 1. SUBSTITUTE HOUSE BILL NO. 1249, 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 Hale, Senator Prince was excused.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1251, by House Committee on Government Administration (originally sponsored by Representatives Parlette, Costa, Sheahan, Sterk, Lantz, Kenney, Skinner, Lambert, Gardner, D. Schmidt and Wensman) (by request of Secretary of State Munro)

Clarifying naming conventions for corporations and units of government.

The bill was read the second time.

MOTION

On motion of Senator McCaslin, the rules were suspended, Substitute House Bill No. 1251 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1251.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1251 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, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Absent: Senator McDonald - 1. Excused: Senators Prince and Schow - 2. SUBSTITUTE HOUSE BILL NO. 1251, 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

HOUSE BILL NO. 1288, by Representatives Johnson, Hickel, Conway, Cody, Cole, Quall, Smith, Blalock, L. Thomas and D. Schmidt

Changing the name of the noncertificated employee category.

The bill was read the second time.

MOTION

On motion of Senator Hochstatter, the rules were suspended, House Bill No. 1288 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 House Bill No. 1288.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1288 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, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Prince and Schow - 2. HOUSE BILL NO. 1288, 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

HOUSE BILL NO. 1400, by Representatives Benson, L. Thomas, Wolfe, Zellinsky, Sheahan and Appelwick

Removing a termination date in the bank statement rule.

The bill was read the second time.

MOTION

On motion of Senator Winsley, the rules were suspended, House Bill No. 1400 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 House Bill No. 1400.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1400 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, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Prince and Schow - 2. HOUSE BILL NO. 1400, 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

SUBSTITUTE HOUSE BILL NO. 1418, by House Committee on Natural Resources (originally sponsored by Representatives Buck and Regala) (by request of Commissioner of Public Lands Belcher and Department of Natural Resources)

Eliminating pooling of the resource management cost account and removing reference to agricultural college lands.

The bill was read the second time.

MOTIONS

On motion of Senator Oke, the following Committee on Natural Resources and Parks amendment was adopted:

Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 79.64.030 and 1993 c 460 s 2 are each amended to read as follows: Funds in the account derived from the gross proceeds of leases, sales, contracts, licenses, permits, easements, and rights of way issued by the department and affecting school lands, university lands, ((agricultural college lands,)) scientific school lands, normal school lands, capitol building lands, or institutional lands shall be ((pooled and)) expended by the department solely for the purpose of defraying the costs and expenses necessarily incurred in managing and administering ((all of the trust lands enumerated in this section)) state lands of the same trust. Such funds may be used for similar costs and expenses in managing and administering other lands managed by the department provided that such expenditures that have been or may be made on such other lands shall be repaid to the resource management cost account together with interest at a rate determined by the board of natural resources. An accounting shall be made annually of the accrued expenditures from the ((pooled)) trust funds in the account. In the event the accounting determines that expenditures have been made from moneys derived from certain trust lands for the benefit of another trust or other lands, such expenditure shall be considered a debt and an encumbrance against the property or trust funds benefited, including property held under chapter 76.12 RCW. The results of the accounting shall be reported to the legislature at the next regular session. The state treasurer is authorized, upon request of the department, to transfer funds between the forest development account and the resource management cost account solely for purpose of repaying loans pursuant to this section. Sec. 2. RCW 79.01.136 and 1979 ex.s. c 109 s 5 are each amended to read as follows: Before any state lands are offered for sale, or lease, or are assigned, the department of natural resources may establish the fair market value of those authorized improvements not owned by the state. In the event that agreement cannot be reached between the state and the lessee on the fair market value, such valuation shall be submitted to a review board of appraisers. The board shall be as follows: One member to be selected by the lessee and his or her expense shall be borne by the lessee; one member selected by the state and his or her expense shall be borne by the state; these members so selected shall mutually select a third member and his or her expenses shall be shared equally by the lessee and the state. The majority decision of this appraisal review board shall be binding on both parties. For this purpose "fair market value" is defined as: The highest price in terms of money which a property will bring in a competitive and open market under all conditions of a fair sale, the buyer and seller, each prudently knowledgeable and assuming the price is not affected by undue stimulus. All damages and wastes committed upon such lands and other obligations due from the lessee shall be deducted from the appraised value of the improvements((: PROVIDED, That)). However, the department of natural resources on behalf of the respective trust may purchase at fair market value those improvements if it appears to be in the best interest of the state ((from the RMCA of the general fund)). Payment for the improvements may be made with funds held on behalf of the trust in the resource management cost account established under RCW 79.64.020. Sec. 3. RCW 79.64.010 and 1967 ex.s. c 63 s 1 are each amended to read as follows: Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings: (1) "Account" means the resource management cost account in the state general fund. (2) "Department" means the department of natural resources. (3) "Board" means the board of natural resources of the department of natural resources. (4) "Rule" means rule as ((the same)) that term is defined by RCW 34.05.010. (5) The definitions set forth in RCW 79.01.004 shall be applicable. (6) "Agricultural college lands" means all public lands awarded to the state of Washington under section 16 of the Omnibus Enabling Act (25 Stat. 180) and all lands acquired as the result of the sale or exchange of the lands. Sec. 4. RCW 79.64.020 and 1993 c 460 s 1 are each amended to read as follows: A resource management cost account in the state treasury is hereby created to be used solely for the purpose of defraying the costs and expenses necessarily incurred by the department in managing and administering public lands, and the making and administering of leases, sales, contracts, licenses, permits, easements, and rights of way on or with respect to such lands as authorized under the provisions of this title. Appropriations from the account to the department shall be expended for no other purposes. The resource management cost account may receive and accept funds that are to be used for such purposes from any source. Funds in the account produced by a trust may be appropriated or transferred by the legislature ((for the benefit of all of the trusts from which the funds were derived)) only for the benefit of the trust. NEW SECTION. Sec. 5. A new section is added to chapter 79.64 RCW to read as follows: No part of the gross proceeds from leases, sales, contracts, licenses, permits, easements, and rights of way on or relating to the agricultural college lands may be used to defray costs or expenses incurred in managing and administering the lands, and all such gross proceeds shall be made available to the beneficiary of the agricultural college lands. Sec. 6. RCW 79.64.040 and 1981 2nd ex.s. c 4 s 3 are each amended to read as follows: The board shall determine the amount deemed necessary in order to achieve the purposes of this chapter and shall provide by rule for the deduction of this amount from the gross proceeds of all leases, sales, contracts, licenses, permits, easements, and rights of way issued by the department and affecting public lands other than the agricultural college lands. Moneys received with respect to such lands as deposits from successful bidders, advance payments, and security under RCW 79.01.132 and 79.01.204 prior to December 1, 1981, which have not been subjected to deduction under this section are not subject to deduction under this section. The deductions authorized under this section shall in no event exceed twenty-five percent of the total sum received by the department in connection with any one transaction pertaining to public lands other than second class tide and shore lands and the beds of navigable waters, and fifty percent of the total gross proceeds received by the department pertaining to second class tide and shore lands and the beds of navigable waters. NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997." On motion of Senator Oke, the following title amendment was adopted:

On page 1, line 3 of the title, after "lands;" strike the remainder of the title and insert "amending RCW 79.64.030, 79.01.136, 79.64.010, 79.64.020, and 79.64.040; adding a new section to chapter 79.64 RCW; providing an effective date; and declaring an emergency."

MOTION

On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1418, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1418, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1418, as amended by the Senate, 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, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Prince and Schow - 2. SUBSTITUTE HOUSE BILL NO. 1418, as amended by the Senate, 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

SUBSTITUTE HOUSE BILL NO. 1433, by House Committee on Capital Budget (originally sponsored by Representatives Sump, McMorris, Ballasiotes, DeBolt, Sheahan, Talcott, Quall, D. Sommers, Honeyford, Chandler, Schoesler, Crouse, Mastin and Mielke)

Leasing property to counties for correctional facilities.

The bill was read the second time.

MOTION

Senator Long moved that the following Committee on Human Services and Corrections amendment be adopted:

Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 43.17.360 and 1996 c 261 s 2 are each amended to read as follows: (1) The department of social and health services and other state agencies may lease real property and improvements thereon to a consortium of three or more counties in order for the counties to construct or otherwise acquire correctional facilities for juveniles or adults. (2) A lease governed by subsection (1) of this section shall not charge more than one dollar per year for the land value and facilities value, during the initial term of the lease, but the lease may include provisions for payment of any reasonable operation and maintenance expenses incurred by the state. The initial term of a lease governed by subsection (1) of this section shall not exceed twenty years, except as provided in subsection (4) of this section. A lease renewed under subsection (1) of this section after the initial term shall charge the fair rental value for the land and ((facilities, and may)) improvements other than those improvements paid for by a contracting consortium. The renewed lease may also include provisions for payment of any reasonable operation and maintenance expenses incurred by the state. For the purposes of this subsection, fair rental value shall be determined by the commissioner of public lands in consultation with the department and shall not include the value of any improvements paid for by a contracting consortium. (3) The net proceeds generated from any lease entered or renewed under subsection (1) of this section involving land and facilities on the grounds of eastern state hospital shall be used solely for the benefit of eastern state hospital programs for the long-term care needs of patients with mental disorders. These proceeds shall not supplant or replace funding from traditional sources for the normal operations and maintenance or capital budget projects. It is the intent of this subsection to ensure that eastern state hospital receives the full benefit intended by this section, and that such effect will not be diminished by budget adjustments inconsistent with this intent. The initial term of a lease under subsection (1) of this section entered into after January 1, 1996, and involving the grounds of Eastern State hospital, shall not exceed fifty years. This subsection applies retroactively, and the department shall modify any existing leases to comply with the terms of this subsection. No other terms of a lease modified by this subsection may be modified unless both parties agree. NEW SECTION. Sec. 2. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

POINT OF INQUIRY

Senator Wojahn: “Senator Long, this land is held in trust for the state of Washington, as you well know. Will that trust be violated if this bill passes?”

Senator Long: “There was no testimony to that affect in the committee and the reason that we put on the fifty years as opposed to the twenty is because local government is investing around five million dollars in the project. By giving them this longer lease at a dollar which is what the underlying bill granted, it makes it so they have the opportunity to regain their investment over that life span.” Further debate ensued.

POINT OF INQUIRY

Senator Wojahn: “Senator Morton, how much are the counties paying for the lease of the land, not the buildings, but the lease of the land?”

Senator Morton: “The last report that I saw was one dollar. This was agreed upon for the lease. Now, I don't know if that has changed since the last item that I saw--whether it has been amended or not, but it was for one dollar.”

Further debate ensued.

The President declared the question before the Senate to be the adoption of the Committee on Human Services and Corrections striking amendment to Substitute House Bill No. 1433.

` The motion by Senator Long carried and the committee striking amendment was adopted.

MOTIONS

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

On page 1, line 2 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 43.17.360; and declaring an emergency." On motion of Senator Long, the rules were suspended, Substitute House Bill No. 1433, as amended by the Senate, 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 House Bill No. 1433, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1433, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; 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, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wood and Zarelli - 44. Voting nay: Senators Rasmussen, Thibaudeau and Wojahn - 3. Excused: Senators Prince and Schow - 2. SUBSTITUTE HOUSE BILL NO. 1433, as amended by the Senate, 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

HOUSE BILL NO. 1590, by Representatives Dyer and Backlund

Defining health plan.

The bill was read the second time.

MOTION

On motion of Senator Deccio, the rules were suspended, House Bill No. 1590 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 House Bill No. 1590.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1590 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, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Prince and Schow - 2. HOUSE BILL NO. 1590, 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

HOUSE BILL NO. 1609, by Representatives Mastin, Poulsen, Hankins and Kessler (by request of Utilities and Transportation Commission)

Limiting the number of times the maximum disposal fee at a radioactive waste disposal site may be adjusted.

The bill was read the second time.

MOTION

On motion of Senator Finkbeiner, the rules were suspended, House Bill No. 1609 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 House Bill No. 1609.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1609 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, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Prince and Schow - 2. HOUSE BILL NO. 1609, 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

SUBSTITUTE HOUSE BILL NO. 1658, by House Committee on Energy and Utilities (originally sponsored by Representatives Honeyford, Poulsen, Cooper, Crouse and Mastin)

Authorizing the utilities and transportation commission to exempt electrical and natural gas companies from securities regulation.

The bill was read the second time.

MOTION

On motion of Senator Finkbeiner, the rules were suspended, Substitute House Bill No. 1658 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 House Bill No. 1658.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1658 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, Rasmussen, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Absent: Senator Roach - 1. Excused: Senators Prince and Schow - 2. SUBSTITUTE HOUSE BILL NO. 1658, 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

SUBSTITUTE HOUSE BILL NO. 1799, by House Committee on Law and Justice (originally sponsored by Representatives Sheahan, Appelwick, Costa and Sullivan) (by request of Washington Uniform Legislation Commission)

Regarding letters of credit under the uniform commercial code.

The bill was read the second time.

MOTION

On motion of Senator Johnson, the rules were suspended, Substitute House Bill No. 1799 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1799.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1799 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, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Prince and Schow - 2. SUBSTITUTE HOUSE BILL NO. 1799, 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 reverted to the fourth order of business.

MESSAGE FROM THE HOUSE

April 4, 1997

MR. PRESIDENT:

The House concurred in the Senate amendments(s) to ENGROSSED HOUSE BILL NO. 1821 and passed the bill as amended by the Senate.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

At 11:56 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.

The Senate was called to order at 8:06 p.m. by President Owen.

There being no objection, the President reverted the Senate to the first order of business.

REPORTS OF STANDING COMMITTEES

April 7, 1997

SB 5074 Prime Sponsor, Senator Sellar: Increasing interstate trade through tax incentives for warehouse and grain operations. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Second Substitute Senate Bill No. 5074 be substituted therefor, and the second substitute bill do pass. Signed by Senators West, Chair; Strannigan, Vice Chair; Bauer, Brown, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Roach Rossi, Schow, Sheldon, Snyder, Spanel, Swecker, Winsley and Zarelli.