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THIRTY-SIXTH DAY


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NOON SESSION


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Senate Chamber, Olympia, Monday, February 15, 1993

     The Senate was called to order at 12:00 noon by President Pro Tempore Wojahn. No roll call was taken.


MOTION


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


REPORTS OF STANDING COMMITTEES


February 12, 1993

SB 5042          Prime Sponsor, Senator Haugen: Expanding the uses of the excise tax on the sale of real property. Reported by Committee on Government Operations


     MAJORITY recommendation: That Substitute Senate Bill No. 5042 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, Oke, von Reichbauer, and Winsley.


     Passed to Committee on Rules for second reading.


February 12, 1993

SB 5050          Prime Sponsor, Senator Haugen: Revising reimbursement provisions for local government officials. Reported by Committee on Government Operations


     MAJORITY recommendation: That Substitute Senate Bill No. 5050 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Owen, and Winsley.


     MINORITY recommendation: Do not pass. Signed by Senators Oke and von Reichbauer.


     Passed to Committee on Rules for second reading.


February 12, 1993

SB 5103          Prime Sponsor, Senator Loveland: Authorizing emergency service communication districts to issue general obligation bonds. Reported by Committee on Government Operations


     MAJORITY recommendation: Do pass. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, Oke, von Reichbauer, and Winsley.


     Passed to Committee on Rules for second reading.


February 12, 1993

SB 5170          Prime Sponsor, Senator Snyder: Reauthorizing timber recovery programs. Reported by Committee on Trade, Technology and Economic Development


     MAJORITY recommendation: Do pass as amended and be referred to Committee on Ways and Means. Signed by Senators Skratek, Chairman; Sheldon, Vice Chairman; Bluechel, Deccio, Erwin, M. Rasmussen, and Williams.


     Referred to Committee on Ways and Means.


February 11, 1993

SB 5177          Prime Sponsor, Senator Pelz: Concerning automobile liability insurance policies. Reported by Committee on Labor and Commerce


     MAJORITY recommendation: Do pass. Signed by Senators Moore, Chairman; Prentice, Vice Chairman; Fraser, McAuliffe, Pelz, Sutherland, Vognild, and Wojahn.


     Passed to Committee on Rules for second reading.


February 11, 1993

SB 5183          Prime Sponsor, Senator Moore: Forbidding the breach of fiduciary duty in securities advising. Reported by Committee on Labor and Commerce


     MAJORITY recommendation: Do pass. Signed by Senators Moore, Chairman; Prentice, Vice Chairman; Amondson, Barr, Fraser, McAuliffe, Newhouse, Pelz, Prince, Sutherland, and Vognild.


     Passed to Committee on Rules for second reading.


February 11, 1993

SB 5184          Prime Sponsor, Senator Moore: Creating a securities brokers recovery account program. Reported by Committee on Labor and Commerce


     MAJORITY recommendation: That Substitute Senate Bill No. 5184 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Moore, Chairman; Prentice, Vice Chairman; Fraser, McAuliffe, Pelz, Prince, Sutherland, and Vognild.


     Referred to Committee on Ways and Means.


February 11, 1993

SB 5191          Prime Sponsor, Senator Moore: Regulating impaired or insolvent life and disability insurers. Reported by Committee on Labor and Commerce


     MAJORITY recommendation: That Substitute Senate Bill No. 5191 be substituted therefor, and the substitute bill do pass. Signed by Senators Moore, Chairman; Prentice, Vice Chairman; Amondson, Fraser, McAuliffe, Newhouse, Pelz, Prince, Sutherland, Vognild, and Wojahn.


     Passed to Committee on Rules for second reading.


February 10, 1993

SB 5209          Prime Sponsor, Senator A. Smith: Requiring insurers to provide written notice concerning potential future rate changes. Reported by Committee on Labor and Commerce


     MAJORITY recommendation: Do pass. Signed by Senators Moore, Chairman; Prentice, Vice Chairman; Amondson, Fraser, McAuliffe, Pelz, Prince, Sutherland, and Vognild.


     Passed to Committee on Rules for second reading.


February 11, 1993

SB 5217          Prime Sponsor, Senator Pelz: Requiring compliance with chapter 39.12 RCW of public works. Reported by Committee on Ways and Means


     MAJORITY recommendation: Do pass as amended by Committee on Labor and Commerce. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Gaspard, Hargrove, Jesernig, Pelz, Quigley, Snyder, Sutherland, Talmadge, Williams, and Wojahn.


     MINORITY recommendation: Do not pass. Signed by Senators Bluechel, Cantu, Hochstatter, McDonald, and Roach.


     Passed to Committee on Rules for second reading.


February 12, 1993

SB 5247          Prime Sponsor, Senator Skratek: Allowing the creation of a less than county-wide port district not bordering on saltwater. Reported by Committee on Government Operations


     MAJORITY recommendation: Do pass. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, Oke, von Reichbauer, and Winsley.


     Passed to Committee on Rules for second reading.


February 11, 1993

SB 5251          Prime Sponsor, Senator Bauer: Requiring identification for the nonresident sales tax exemption. Reported by Committee on Ways and Means


     MAJORITY recommendation: Do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Niemi, Quigley, Roach, Snyder, Sutherland, Talmadge, Williams, and Wojahn.


     Passed to Committee on Rules for second reading.


February 12, 1993

SB 5300          Prime Sponsor, Senator Skratek: Promoting economic development. Reported by Committee on Trade, Technology and Economic Development


     MAJORITY recommendation: Do pass. Signed by Senators Skratek, Chairman; Sheldon, Vice Chairman; Bluechel, Deccio, Erwin, M. Rasmussen, and Williams.


     Passed to Committee on Rules for second reading.


February 12, 1993

SB 5404          Prime Sponsor, Senator Fraser: Allowing a private right of action under the model toxic control act. Reported by Committee on Ecology and Parks


     MAJORITY recommendation: That Substitute Senate Bill No. 5404 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chairman; Barr, Deccio, McCaslin, Moore, Sutherland, and Talmadge.


     Passed to Committee on Rules for second reading.


MESSAGES FROM THE HOUSE


February 12, 1993

MR. PRESIDENT:

     The House has passed HOUSE BILL NO. 1008, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk


February 12, 1993

MR. PRESIDENT:

     The House has passed:

     HOUSE BILL NO. 1025,

     HOUSE BILL NO. 1027,

     HOUSE BILL NO. 1041,

     SUBSTITUTE HOUSE BILL NO. 1047,

     SUBSTITUTE HOUSE BILL NO. 1051,

     HOUSE BILL NO. 1066,

     HOUSE BILL NO. 1068,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1086,

     HOUSE BILL NO. 1151, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


February 15, 1993

MR. PRESIDENT:

     The Speaker has signed SENATE CONCURRENT RESOLUTION NO. 8403, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk



INTRODUCTION AND FIRST READING

 

SB 5782          by Senators Quigley, Pelz, McDonald, Spanel, A. Smith, Drew, Winsley, Talmadge and Bauer

 

AN ACT Relating to architectural plans for school construction; and adding a new section to chapter 28A.525 RCW.

 

Referred to Committee on Education.

 

SB 5783          by Senator L. Smith

 

AN ACT Relating to organ donations; and amending RCW 68.50.500.

 

Referred to Committee on Health and Human Services.

 

SB 5784          by Senators A. Smith and Oke

 

AN ACT Relating to communicating with a minor for immoral purposes; amending RCW 9.68A.090; and creating a new section.

 

Referred to Committee on Law and Justice.

 

SB 5785          by Senators Hochstatter, Snyder, Sellar, Oke, L. Smith, Hargrove, Deccio, M. Rasmussen, Erwin, Bauer, McDonald, Haugen, Cantu, McCaslin, Bluechel, Barr, Roach, Owen, Newhouse, West, Anderson, Moyer and Jesernig

 

AN ACT Relating to employment of minors; adding new sections to chapter 49.12 RCW; and declaring an emergency.

 

Referred to Committee on Labor and Commerce.

 

SB 5786          by Senators Sheldon, Winsley, Bauer, Skratek and Snyder

 

AN ACT Relating to public housing authorities; and amending RCW 35.82.070, 35.82.130, 35.82.210, and 82.04.190.

 

Referred to Committee on Trade, Technology and Economic Development.

 

SB 5787          by Senators Gaspard, von Reichbauer and Franklin (by request of Professional Athletic Commission)

 

AN ACT Relating to the state professional athletic commission; amending RCW 67.08.002, 67.08.030, 67.08.100, 67.08.120, and 67.08.180; prescribing penalties; providing an effective date; and declaring an emergency.

 

Referred to Committee on Labor and Commerce.

 

SB 5788          by Senators Skratek and Bauer

 

AN ACT Relating to tenure; reenacting and amending RCW 28B.50.851; creating a new section; repealing RCW 28B.50.858; providing an effective date; and declaring an emergency.

 

Referred to Committee on Higher Education.

 

SB 5789          by Senators Niemi and Moore

 

AN ACT Relating to registration of architects; and amending RCW 18.08.350.

 

Referred to Committee on Labor and Commerce.

 

SB 5790          by Senator Prentice

 

AN ACT Relating to the establishment of state-wide prevailing wage rates for shipbuilding and ship repair on public works only; and amending RCW 39.12.010.

 

Referred to Committee on Labor and Commerce.

 

SB 5791          by Senators A. Smith and Rinehart (by request of Attorney General)

 

AN ACT Relating to mandatory provisions in child support orders; and amending RCW 26.23.050.

 

Referred to Committee on Law and Justice.

 

SB 5792          by Senator Prentice

 

AN ACT Relating to delivery of trustee's deeds on the date of sale; and amending RCW 61.24.050.

 

Referred to Committee on Law and Justice.

 

SB 5793          by Senator Rinehart (by request of Department of Social and Health Services)

 

AN ACT Relating to juvenile structured transition services; amending RCW 13.40.040; and adding a new section to chapter 13.40 RCW.

 

Referred to Committee on Law and Justice.

 

SB 5794          by Senators Moore, Amondson and Jesernig

 

AN ACT Relating to administrative law; and adding a new section to chapter 34.05 RCW.

 

Referred to Committee on Labor and Commerce.

 

SB 5795          by Senators Moore, Amondson and Jesernig

 

AN ACT Relating to regulatory reform; adding a new section to chapter 35.21 RCW; and adding a new section to chapter 36.01 RCW.

 

Referred to Committee on Labor and Commerce.

 

SB 5796          by Senators Moore and Pelz

 

AN ACT Relating to securities; adding a new section to chapter 21.20 RCW; and declaring an emergency.

 

Referred to Committee on Labor and Commerce.

 

SB 5797          by Senator Moore

 

AN ACT Relating to the fiduciary duty of certain agents or brokers; amending RCW 48.17.480; and adding a new section to chapter 48.17 RCW.

 

Referred to Committee on Labor and Commerce.

 

SB 5798          by Senators Snyder, Bauer and Winsley

 

AN ACT Relating to the building code council; amending RCW 19.27.040, 19.27.042, 19.27.113, 19.27.120, 19.27.170, 19.27.180, 19.27.190, 19.27.192, 19.27.470, 19.27.480, 19.27A.020, 19.27A.025, 19.27A.045, 29.57.030, 35.68.076, 43.22.480, 70.92.130, 70.92.140, 70.92.150, 70.94.455, 70.94.457, and 90.76.020; reenacting and amending RCW 19.27.031 and 19.27.060; and repealing RCW 19.27.035, 19.27.070, 19.27.074, 19.27.078, 19.27.085, 19.27.160, 19.27.175, 19.27A.050, and 70.162.030.

 

Referred to Committee on Energy and Utilities.

 

SB 5799          by Senators Nelson and Sutherland

 

AN ACT Relating to plats and short plats; and amending RCW 58.17.060 and 58.17.110.

 

Referred to Committee on Energy and Utilities.

 

SB 5800          by Senators Nelson, A. Smith and Winsley

 

AN ACT Relating to violation of human remains; amending RCW 68.50.150; reenacting and amending RCW 9.94A.320; and prescribing penalties.

 

Referred to Committee on Law and Justice.

 

SB 5801          by Senators Fraser and Barr

 

AN ACT Relating to the water resources policy commission; creating new sections; providing an expiration date; and declaring an emergency.

 

Referred to Committee on Energy and Utilities.

 

SB 5802          by Senators Fraser, Barr and Drew

 

AN ACT Relating to state environmental policy act documents; and adding a new section to chapter 43.21C RCW.

 

Referred to Committee on Ecology and Parks.

 

SB 5803          by Senators Moore, Prince, Wojahn, Sutherland, Vognild, Sellar, Prentice, McAuliffe, McCaslin, A. Smith, Cantu, Drew, Moyer, Hargrove, Loveland, Deccio, West, Bauer and Franklin

 

AN ACT Relating to regulation of bank branching; amending RCW 30.40.020; adding a new chapter to Title 30 RCW; and creating a new section.

 

Referred to Committee on Labor and Commerce.

 

SB 5804          by Senators Williams, Owen and Haugen

 

AN ACT Relating to local government proportional representation; and amending RCW 29.15.130, 29.18.010, 29.21.010, 29.21.015, 35A.12.040, and 35A.29.105.

 

Referred to Committee on Government Operations.

 

SB 5805          by Senators Pelz, Haugen and Owen

 

AN ACT Relating to presidential electors; and adding a new section to chapter 29.71 RCW.

 

Referred to Committee on Government Operations.

 

SB 5806          by Senators Bauer, McDonald, Snyder, Vognild, Deccio, Haugen, Moyer, Franklin, Prentice, Moore, Quigley, M. Rasmussen and Oke

 

AN ACT Relating to enforcement of cigarette and tobacco statutes; amending RCW 66.28.090, 66.44.010, 66.44.370, 82.24.010, 82.24.027, 82.24.030, 82.24.040, 82.24.050, 82.24.070, 82.24.090, 82.24.110, 82.24.120, 82.24.130, 82.24.135, 82.24.145, 82.24.180, 82.24.190, 82.24.210, 82.24.230, 82.24.250, 82.24.510, 82.24.520, 82.24.550, 82.24.560, 82.26.010, 82.26.050, 82.26.060, 82.26.080, 82.26.090, 82.26.110, and 82.26.120; adding a new section to chapter 82.24 RCW; adding a new section to chapter 82.26 RCW; adding a new section to chapter 82.32 RCW; creating new sections; repealing RCW 82.24.260; providing an effective date; and declaring an emergency.

 

Referred to Committee on Health and Human Services.

 

SB 5807          by Senator Erwin

 

AN ACT Relating to state employee compensation; amending RCW 41.06.150 and 43.03.030; and adding a new section to chapter 43.03 RCW.

 

Referred to Committee on Government Operations.

 

SB 5808          by Senators Erwin and M. Rasmussen

 

AN ACT Relating to volunteers serving the needs of at-risk children; and adding a new section to chapter 43.150 RCW.

 

Referred to Committee on Government Operations.

 

SB 5809          by Senators Erwin and M. Rasmussen

 

AN ACT Relating to special education; adding a new section to chapter 28A.155 RCW; and making an appropriation.

 

Referred to Committee on Education.

 

SB 5810          by Senators Erwin and M. Rasmussen

 

AN ACT Relating to flood damage reduction; amending RCW 43.21C.020, 86.12.200, 86.16.025, 86.16.041, 86.26.105, 75.20.100, 75.20.103, 75.20.130, 79.90.300, 90.58.030, 90.58.180, 47.28.140, 86.26.080, 86.26.090, 86.26.007, 86.15.030, 86.15.050, 86.15.160, 58.19.055, and 86.16.031; adding new sections to chapter 86.16 RCW; adding a new section to chapter 35.13 RCW; adding a new section to chapter 35A.14 RCW; adding

 

Referred to Committee on Natural Resources.

 

SB 5811          by Senators Moore, A. Smith, von Reichbauer, Fraser, Snyder, Bauer, Roach, Quigley, Owen, Williams, Sutherland, Pelz, Erwin, Rinehart, Winsley, Gaspard, Moyer, Prentice, Spanel, West, Wojahn, Franklin, M. Rasmussen and McAuliffe

 

AN ACT Relating to employment relations for state employees; amending RCW 34.05.030, 41.06.070, 41.06.110, 41.06.150, 41.06.170, 4.24.490, 28B.10.824, 28B.10.650, 28B.12.060, 28B.15.558, 28B.50.060, 28B.80.350, 28B.80.430, 34.12.020, 41.04.340, 41.04.670, 41.06.079, 41.06.155, 41.06.160, 41.06.163, 41.48.140, 41.60.015, 42.17.2401, 41.60.160, 42.40.020, 43.06.410, 43.06.425, 43.23.010, 43.88.280, 43.105.052, 49.46.010, 49.74.020, 49.74.030, 49.74.040, 50.13.060, 51.32.300, and 70.24.300; reenacting and amending RCW 41.06.020; adding new sections to chapter 41.06 RCW; adding a new section to chapter 41.04 RCW; adding a new section to chapter 41.05 RCW; adding a new chapter to Title 41 RCW; creating new sections; repealing RCW 28B.16.010, 28B.16.020, 28B.16.030, 28B.16.040, 28B.16.041, 28B.16.042, 28B.16.043, 28B.16.060, 28B.16.070, 28B.16.080, 28B.16.090, 28B.16.100, 28B.16.101, 28B.16.105, 28B.16.110, 28B.16.112, 28B.16.113, 28B.16.116, 28B.16.120, 28B.16.130, 28B.16.140, 28B.16.150, 28B.16.160, 28B.16.170, 28B.16.180, 28B.16.190, 28B.16.200, 28B.16.210, 28B.16.220, 28B.16.230, 28B.16.240, 28B.16.255, 28B.16.265, 28B.16.275, 28B.16.300, 28B.16.900, 28B.16.910, 28B.16.920, 28B.16.930, 41.64.010, 41.64.020, 41.64.030, 41.64.040, 41.64.050, 41.64.060, 41.64.070, 41.64.080, 41.64.090, 41.64.100, 41.64.110, 41.64.120, 41.64.130, 41.64.140, 41.64.900, 41.64.910, 41.06.230, 41.06.310, and 41.06.340; and providing effective dates.

 

Referred to Committee on Labor and Commerce.

 

SJM 8017        by Senators Jesernig and Loveland

 

Requesting the United States Department of Energy to support the Fast Flux Test Facility at Hanford.

 

Referred to Committee on Energy and Utilities.

 

SCR 8405        by Senators Bauer, Prince, Drew, Sheldon, West and Jesernig

 

Commending the Higher Education Coordinating Board and approving goals of the update of its master plan for higher education.

 

Referred to Committee on Higher Education.



INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

HB 1008          by Representatives Romero, H. Myers and Springer

 

Revising hiring procedures for cities and towns.

 

Referred to Committee on Government Operations.

 

HB 1025          by Representatives Ludwig, Padden, Riley, Kremen, Appelwick, Mielke, Romero, Dyer, Jones, Kessler, Orr, Karahalios, R. Meyers, Brough, Carlson, Ballasiotes, Jacobsen, Forner, Silver, Dorn and Chappell

 

Regarding the limitation of actions brought by prisoners.

 

Referred to Committee on Law and Justice.

 

HB 1027          by Representatives Bray, H. Myers, Edmondson and Rayburn

 

Revising bidding practices of municipalities.

 

Referred to Committee on Government Operations.

 

HB 1041          by Representatives Zellinsky and Mielke

 

Altering a limit on family member group life insurance coverage.

 

Referred to Committee on Labor and Commerce.

 

SHB 1047       by House Committee on Environmental Affairs (originally sponsored by Representatives Rust, Horn, Valle, Long, Springer, Brough, Forner, Miller, Edmondson, Lemmon, Tate, Chandler, Wood, Roland and J. Kohl)

 

Requiring solid waste reports and landfill fee reciprocity on waste received from outside the state.

 

Referred to Committee on Ecology and Parks.

 

SHB 1051       by House Committee on Judiciary (originally sponsored by Representatives Scott, Van Luven, Talcott, Riley, Foreman, Long, Orr, Brough, Forner, Miller, Lemmon, Johanson, Tate, Vance, Wood, Cooke and Roland)

 

Providing for restitution for certain emergency responses.

 

Referred to Committee on Law and Justice.

 

HB 1066          by Representatives Bray, Edmondson and H. Myers

 

Contracting by water and sewer districts.

 

Referred to Committee on Government Operations.

 

HB 1068          by Representatives Padden, Appelwick, Ludwig, Riley, Chappell, Campbell, Schmidt, Long, Tate, Ballasiotes, Dyer, Johanson and Thomas

 

Providing for registration of transfer on death securities.

 

Referred to Committee on Law and Justice.

 

ESHB 1086     by House Committee on Environmental Affairs (originally sponsored by Representatives Valle, Edmondson, Rust and Kremen)

 

Modifying littering penalties.

 

Referred to Committee on Ecology and Parks.

 

HB 1151          by Representatives G. Cole, Lisk, Heavey and Springer

 

Changing the definition of keg for purpose of the state liquor code.

 

Referred to Committee on Labor and Commerce.


MOTION


     At 12:08 p.m., on motion of Senator Jesernig, the Senate adjourned until 10:00 a.m., Tuesday, February 16, 1993.


JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate