(1) If the results of an antibiotic, pesticide, or other drug residue test under RCW 15.36.110 are above the actionable level established in the pasteurized milk ordinance published by the United States public health service and determined using procedures set forth in the current edition of "Standard Methods for the Examination of Dairy Products," a producer holding a grade A permit is subject to a civil penalty. The penalty shall be in an amount equal to one-half the value of the sum of the volumes of milk equivalent produced under the permit on the day prior to and the day of the adulteration. The value of the milk shall be computed by the weighted average price for the federal market order under which the milk is delivered.

     (2) The penalty is imposed by the department giving a written notice which is either personally served upon or transmitted by certified mail, return receipt requested, to the person incurring the penalty. The notice of the civil penalty shall be a final order of the department unless, within fifteen days after the notice is received, the person incurring the penalty appeals the penalty by filing a notice of appeal with the department. If a notice of appeal is filed in a timely manner, a hearing shall be conducted on behalf of the department by the office of administrative hearings in accordance with chapters 34.05 and 34.12 RCW and, to the extent they are not inconsistent with this subsection, the provisions of RCW 15.36.580. At the conclusion of the hearing, the department shall determine whether the penalty should be affirmed, and, if so, shall issue a final order setting forth the civil penalty assessed, if any. The order may be appealed to superior court in accordance with chapter 34.05 RCW. Tests performed for antibiotic, pesticide, or other drug residues by a state or certified industry laboratory of a milk sample drawn by a department official or a licensed dairy technician shall be admitted as prima facie evidence of the presence or absence of an antibiotic, pesticide, or other drug residue.

     (3) Any penalty imposed under this section is due and payable upon the issuance of the final order by the department. The penalty shall be deducted by the violator's marketing organization from the violator's final payment for the month following the issuance of the final order. The department shall promptly notify the violator's marketing organization of any penalties contained in the final order.

     (4) All penalties received or recovered from violations of this section shall be remitted monthly by the violator's marketing organization to the Washington state dairy products commission and deposited in a revolving fund to be used solely for the purposes of education and research. No appropriation is required for disbursements from this fund.

     (5) In case of a violation of the antibiotic, pesticide, or other drug residue test requirements, an investigation shall be made to determine the cause of the residue which shall be corrected. Additional samples shall be taken as soon as possible and tested as soon as feasible for antibiotic, pesticide, or other drug residue by the department or a certified laboratory. After the notice has been received by the producer and the results of a test of such an additional sample indicate that residues are above the actionable level or levels referred to in subsection (1) of this section, the producer's milk may not be sold until a sample is shown to be below the actionable levels established for the residues.

     Sec. 2. RCW 69.07.040 and 1992 c 160 s 3 are each amended to read as follows:

     It shall be unlawful for any person to operate a food processing plant or process foods in the state without first having obtained an annual license from the department, which shall expire on a date set by rule by the director. License fees shall be prorated where necessary to accommodate staggering of expiration dates. Application for a license shall be on a form prescribed by the director and accompanied by the license fee. The license fee is determined by computing the gross annual sales for the accounting year immediately preceding the license year. If the license is for a new operator, the license fee shall be based on an estimated gross annual sales for the initial license period.

     If gross annual sales are:                  The license fee is:

     $0 to $50,000                                  $50.00

     $50,001 to $500,000                        $100.00

     $500,001 to $1,000,000                   $200.00

     $1,000,001 to $5,000,000                $350.00

     $5,000,001 to $10,000,000              $500.00

     Greater than $10,000,000                 $750.00

     Such application shall include the full name of the applicant for the license and the location of the food processing plant he or she intends to operate. If such applicant is an individual, receiver, trustee, firm, partnership, association or corporation, the full name of each member of the firm or partnership, or names of the officers of the association or corporation shall be given on the application. Such application shall further state the principal business address of the applicant in the state and elsewhere and the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant. The application shall also specify the type of food to be processed and the method or nature of processing operation or preservation of that food and any other necessary information. Upon the approval of the application by the director and compliance with the provisions of this chapter, including the applicable regulations adopted hereunder by the department, the applicant shall be issued a license or renewal thereof.

     Licenses shall be issued to cover only those products, processes, and operations specified in the license application and approved for licensing. Wherever a license holder wishes to engage in processing a type of food product that is different than the type specified on the application supporting the licensee's existing license and processing that type of food product would require a major addition to or modification of the licensee's processing facilities or has a high potential for harm, the licensee shall submit an amendment to the current license application. In such a case, the licensee may engage in processing the new type of food product only after the amendment has been approved by the department.

     If upon investigation by the director, it is determined that a person is processing food for retail sale and is not under permit, license, or inspection by a local health authority, then that person may be considered a food processor and subject to the provisions of this chapter. An entity licensed under chapter 15.32 or 15.36 RCW is not required to obtain a license under this chapter."

POINT OF INQUIRY

     Senator Talmadge: "Senator Rasmussen, I didn't have an idea from your explanation what this amendment is designed to do. The original bill that you substituted, as I understood it at least, was in some respects an implementation of last year's effort to set prices for milk products and that was disturbing to a number of members of the Senate. The amendment that is before us exempts somebody from licensure; I don't know who it is. Could you explain precisely who it is we are exempting from licensure and what this first section does relating to antibiotics, pesticides and other drug testing--what that is designed to do?"

     Senator Rasmussen: "Senator Talmadge, what the amendment does, and I am not sure who we are talking about exempting unless it is the one grade B dairy that produces the cheese products. That may be the one that is exempted in this bill. However, the Department of Ag and the milk industry wants to fix this whole issue and they wanted some time in order to do that, so the amendment just takes care of the technical things that need to be done in the meantime. It is an agreed-upon amendment."

     Further debate ensued.

     The President declared the question before the Senate to be the adoption of the striking amendment by Senator Rasmussen to Substitute Senate Bill No. 5379.

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

MOTIONS

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

     On page 1, line 1 of the title, after "products;" strike the remainder of the title and insert "amending RCW 69.07.040; and reenacting and amending RCW 15.36.115."

     On motion of Senator Rasmussen, the rules were suspended, Engrossed Substitute Senate Bill No. 5379 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5379.

ROLL CALL

     The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5379 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5379, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

     SENATE BILL NO. 5481, by Senators Roach, Quigley, Hargrove, Amondson, L. Smith, McCaslin and Oke

Cancelling voter registration of felons.

MOTIONS

     On motion of Senator Drew, Substitute Senate Bill No. 5481 was substituted for Senate Bill No. 5481 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Drew, the rules were suspended, Substitute Senate Bill No. 5481 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5481.

ROLL CALL

     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5481 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.

     SUBSTITUTE SENATE BILL NO. 5481, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

     On motion of Senator Spanel, Senator Rinehart was excused.

SECOND READING

     SENATE BILL NO. 5678, by Senators Loveland, Newhouse, Deccio and Winsley

Exempting licensed domestic wineries from commission merchant requirements.

MOTIONS

     On motion of Senator Rasmussen, Substitute Senate Bill No. 5678 was substituted for Senate Bill No. 5678 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5678 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5678.

ROLL CALL

     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5678 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.

     Excused: Senator Rinehart - 1.

     SUBSTITUTE SENATE BILL NO. 5678, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

INTRODUCTION OF SPECIAL GUEST

     The President introduced United States Congressman Mike Kreidler who was seated on the rostrum.

SECOND READING

     SENATE BILL NO. 5404, by Senators Fraser and Barr

Allowing a private right of action under the model toxic control act.

MOTIONS

     On motion of Senator Fraser, Substitute Senate Bill No. 5404 was substituted for Senate Bill No. 5404 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5404 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

     Senator Amondson: "Senator Fraser, with respect to this bill, do you see this as being an expansion of liability or do you see it as an expansion of the Model Toxic Control Act, as it currently stands?"

     Senator Fraser: "I view this as a clarification of original intent."

     Senator Amondson: "Not necessarily an expansion of the original act?"

     Senator Fraser: "Well, it does expand, under the State Supreme Court's decision, the right of a current owner to sue any prior party who is either an owner or not an owner who might have contributed to the toxic materials on the property--to help them pay their fair share of the cleanup."

     Further debate ensued.

MOTION

     On motion of Senator Oke, Senator Prince was excused.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5404.

ROLL CALL

     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5404 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.

     Voting yea: Senators Amondson, Anderson, Barr, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.

     Voting nay: Senators Bauer, Bluechel, Hochstatter and Moyer - 4.

     Excused: Senators Prince and Rinehart - 2.

     SUBSTITUTE SENATE BILL NO. 5404, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

     At 10:16 a.m., on motion of Senator Jesernig, the Senate recessed until 11:15 a.m.

     The Senate was called to order at 11:30 a.m. by President Pritchard.

MOTION

     On motion of Senator Jesernig, the Senate reverted to the first order of business.

REPORTS OF STANDING COMMITTEES

March 5, 1993

SB 5288          Prime Sponsor, Senator Fraser: Extending the expiration date of the solid waste collection tax. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Second Substitute Senate Bill No. 5288 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Gaspard, Hargrove, Jesernig, Owen, Pelz, Quigley, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 5, 1993

SB 5291          Prime Sponsor, Senator Fraser: Changing boating safety provisions. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Second Substitute Senate Bill No. 5291 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Gaspard, Hargrove, Jesernig, Niemi, Owen, Pelz, Quigley, Snyder, Sutherland, Talmadge, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 5, 1993

SB 5347          Prime Sponsor, Senator Prentice: Regulating agricultural labor relations. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5347 as recommended by Committee on Labor and Commerce be substituted therefor and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Gaspard, Hargrove, Jesernig, Owen, Pelz, Quigley, Snyder, Sutherland, Talmadge, Williams, and Wojahn.

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

     Passed to Committee on Rules for second reading.

March 5, 1993

SB 5397          Prime Sponsor, Senator Sheldon: Granting resident status at institutions of higher education for active duty personnel stationed in Washington and their spouses and dependents. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5397 as recommended by Committee on Higher Education be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Bauer, Bluechel, Cantu, Gaspard, Hargrove, Jesernig, McDonald, Owen, Pelz, Quigley, Roach, L. Smith, Snyder, Sutherland, West, and Williams.

     Passed to Committee on Rules for second reading.

March 4, 1993

SB 5476          Prime Sponsor, Senator Talmadge: Providing for HIV testing of juvenile sex offenders. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5476 as recommended by Committee on Law and Justice be substituted therefor and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Snyder, Sutherland, Talmadge, and West.

     Passed to Committee on Rules for second reading.

March 5, 1993

SB 5587          Prime Sponsor, Senator Franklin: Providing a tax exemption for property leased or rented by nonprofit character-building, benevolent, protective, or rehabilitative social service agencies. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5587 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Gaspard, Hargrove, Jesernig, McDonald, Moyer, Owen, Quigley, Roach, L. Smith, Snyder, Sutherland, Talmadge, and West.

     Passed to Committee on Rules for second reading.

March 5, 1993

SB 5648          Prime Sponsor, Senator A. Smith: Providing a procedure for releasing alien offenders for the purpose of deportation. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5648 as recommended by Committee on Law and Justice be substituted therefor and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Gaspard, Hargrove, Pelz, Quigley, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 5, 1993

SB 5687          Prime Sponsor, Senator Owen: Permitting the pooling of department of natural resources trust management accounts. Reported by Committee on Ways and Means

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

     Passed to Committee on Rules for second reading.

March 5, 1993

SB 5753          Prime Sponsor, Senator Snyder: Creating a new judgeship for Cowlitz County. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5753 be substituted therefor, and the substitute bill do pass. Signed by Senators Bluechel, Cantu, Gaspard, Hargrove, Jesernig, McDonald, Owen, Pelz, Quigley, Roach, L. Smith, Snyder, Talmadge, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 5, 1993

SB 5874          Prime Sponsor, Senator Owen: Improving recreational fishing. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5874 as recommended by Committee on Natural Resources be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Gaspard, Hargrove, McDonald, Owen, Pelz, Quigley, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 5, 1993

SB 5937          Prime Sponsor, Senator Quigley: Including certain indebtedness in the calculation of the seven percent debt limitation. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5937 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Cantu, Gaspard, Hargrove, Jesernig, Owen, Quigley, Roach, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

     There being no objection, the President advanced the Senate to the fourth order of business.

MESSAGE FROM THE HOUSE

March 8, 1993

MR. PRESIDENT:

     The Speaker has signed SENATE BILL NO. 5956, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

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

MOTION

     On motion of Senator Oke, Senators Anderson and Winsley were excused.

SECOND READING

     SENATE BILL NO. 5337, by Senators Sutherland and Vognild

Regulating aeronautics.

MOTIONS

     On motion of Senator Sutherland, Substitute Senate Bill No. 5337 was substituted for Senate Bill No. 5337 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Sutherland, the rules were suspended, Substitute Senate Bill No. 5337 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5337.

ROLL CALL

     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5337 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Wojahn - 47.

     Excused: Senators Anderson and Winsley - 2.

     SUBSTITUTE SENATE BILL NO. 5337, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

     SENATE BILL NO. 5443, by Senators M. Rasmussen, Barr and Loveland (by request of Department of Agriculture)

Modifying the regulation of livestock.

MOTIONS

     On motion of Senator Rasmussen, Substitute Senate Bill No. 5443 was substituted for Senate Bill No. 5443 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5443 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5443.

ROLL CALL

     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5443 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 1; Excused, 2.

     Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West and Wojahn - 43.

     Voting nay: Senators Cantu, McCaslin and McDonald - 3.

     Absent: Senator Williams - 1.

     Excused: Senators Anderson and Winsley - 2.

     SUBSTITUTE SENATE BILL NO. 5443, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

     SENATE BILL NO. 5509, by Senators Hargrove, Owen, Hochstatter, L. Smith, Snyder, Oke, Amondson, Sellar, Jesernig, Nelson, Newhouse, Bauer, Erwin, Roach and McDonald

Prohibiting mandatory child support for postsecondary education of adult children.

     The bill was read the second time.

MOTION

     On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 5509 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.

POINT OF INQUIRY

     Senator Pelz: "Senator Hargrove, under this bill, if a wealthy professional male was divorced from his wife and their child got into a college, would the wealthy professional have an option of not--would this preclude the court from requiring that wealthy professional to pay part of the childs' college costs? Would this preclude the court from making that step?"

     Senator Hargrove: "Yes, I think I made that clear during debate."

     Further debate ensued.

     The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5509.

ROLL CALL

     The Secretary called the roll on the final passage of Senate Bill No. 5509 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 0; Excused, 1.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Erwin, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Prince, Quigley, Rasmussen, M., Roach, Sellar, Skratek, Smith, A., Smith, L., Snyder, Vognild, von Reichbauer and West - 32.

     Voting nay: Senators Deccio, Drew, Franklin, Fraser, Loveland, McAuliffe, Niemi, Pelz, Prentice, Rinehart, Sheldon, Spanel, Sutherland, Talmadge, Williams and Wojahn - 16.

     Excused: Senator Winsley - 1.

     SENATE BILL NO. 5509, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

     At 12:04 p.m., on motion of Senator Jesernig, the Senate was declared to be at ease.

     The Senate was called to order at 7:29 p.m. by President Pro Tempore Wojahn.

     There being no objection, the President Pro Tempore returned the Senate to the first order of business.

REPORTS OF STANDING COMMITTEES

March 8, 1993

SB 5134          Prime Sponsor, Senator Haugen: Allowing property owned by nonprofit organizations to be used for certain activities without loss of property tax exemption. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5134 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Anderson, Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, McDonald, Moyer, Niemi, Quigley, Roach, L. Smith, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5164          Prime Sponsor, Senator Wojahn: Exempting nonprofit organizations providing credit services from the business and occupation tax. Reported by Committee on Ways and Means

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

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5203          Prime Sponsor, Senator Skratek: Providing for employment and training services. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Second Substitute Senate Bill No. 5203 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Gaspard, Hargrove, Moyer, Niemi, Owen, Pelz, Roach, Snyder, Talmadge, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5208          Prime Sponsor, Senator Prentice: Strengthening securities enforcement powers of the director of licensing. 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, Moyer, Niemi, Pelz, Quigley, Roach, L. Smith, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5226          Prime Sponsor, Senator Skratek: Providing for additional evaluation of state programs. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5226 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, McDonald, Moyer, Niemi, Pelz, Quigley, Roach, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 4, 1993

SB 5239          Prime Sponsor, Senator Wojahn: Centralizing poison information services. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Second Substitute Senate Bill No. 5239 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Pelz, Roach, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5264          Prime Sponsor, Senator M. Rasmussen: Establishing a Washington state trade office in the Russian Far East. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Second Substitute Senate Bill No. 5264 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Anderson, Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Niemi, Pelz, Quigley, Roach, L. Smith, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5304          Prime Sponsor, Senator Talmadge: Reforming health care cost control and access. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Second Substitute Senate Bill No. 5304 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Gaspard, Hargrove, Jesernig, Niemi, Owen, Pelz, Quigley, Snyder, Sutherland, Talmadge, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5377          Prime Sponsor, Senator Bauer: Changing duties of the legislative auditor and attorney general regarding the legislative budget committee. 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, McDonald, Moyer, Niemi, Pelz, Quigley, Roach, L. Smith, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5398          Prime Sponsor, Senator Quigley: Implementing a primary voters' pamphlet. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Second Substitute Senate Bill No. 5398 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Gaspard, Hargrove, Jesernig, Niemi, Pelz, Quigley, Snyder, Sutherland, Talmadge, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5477          Prime Sponsor, Senator Prentice: Eliminating school levy lids. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5477 as recommended by Committee on Education be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Anderson, Bluechel, Gaspard, Jesernig, McDonald, Moyer, Niemi, Pelz, Sutherland, Talmadge, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5508          Prime Sponsor, Senator Hargrove: Modifying child support orders in dependency cases. Reported by Committee on Ways and Means

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

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5511          Prime Sponsor, Senator Loveland: Enabling voter registration by mail. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Second Substitute Senate Bill No. 5511 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Gaspard, Hochstatter, Niemi, Pelz, Quigley, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5514          Prime Sponsor, Senator Sheldon: Creating the economic development grants program. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Second Substitute Senate Bill No. 5514 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Niemi, Owen, Pelz, L. Smith, Snyder, Sutherland, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5522          Prime Sponsor, Senator Wojahn: Providing a program to reduce alcohol and drug use during pregnancy. Reported by Committee on Ways and Means

     MAJORITY recommendation: Do pass as amended by Committee on Health and Human Services. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Niemi, Pelz, Quigley, L. Smith, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5557          Prime Sponsor, Senator Prentice: Regulating alcohol servers. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5557 as recommended by Committee on Labor and Commerce be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, L. Smith, Snyder, Talmadge, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5606          Prime Sponsor, Senator Prince: Directing the state auditor to scrutinize funds and accounts under the control of state agencies. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5606 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Anderson, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Niemi, Pelz, Quigley, Roach, L. Smith, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5614          Prime Sponsor, Senator Snyder: Regulating the non-Puget Sound coastal commercial crab fishery. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5614 as recommended by Committee on Natural Resources be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Niemi, Owen, Pelz, Roach, L. Smith, Snyder, Talmadge, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5620          Prime Sponsor, Senator Loveland: Permitting a special excise tax on hotel, motel, roominghouse, and trailer camp charges for a trade recreation agricultural center in Pasco. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5620 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Niemi, Pelz, Quigley, Snyder, Talmadge, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5715          Prime Sponsor, Senator Bluechel: Assisting businesses to form flexible networks. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Second Substitute Senate Bill No. 5715 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Anderson, Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Niemi, Owen, Pelz, L. Smith, Snyder, Sutherland, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5760          Prime Sponsor, Senator Moore: Licensing bail bond agents. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5760 as recommended by Committee on Labor and Commerce be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, McDonald, Moyer, Niemi, Pelz, Snyder, Sutherland, Talmadge, West, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5777          Prime Sponsor, Senator McDonald: Providing incentives for trickle irrigation systems. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5777 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Anderson, Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Niemi, Pelz, Quigley, Roach, L. Smith, Snyder, Sutherland, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5781          Prime Sponsor, Senator Jesernig: Improving access to public institutions of higher education. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Second Substitute Senate Bill No. 5781 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Gaspard, Hargrove, Hochstatter, McDonald, Roach, Snyder, Talmadge, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5828          Prime Sponsor, Senator Bauer: Changing provisions relating to vocational education. 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, Moyer, Niemi, Pelz, Quigley, L. Smith, Snyder, Sutherland, Talmadge, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5835          Prime Sponsor, Senator McAuliffe: Exempting certain public authority property from taxation. 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, Moyer, Niemi, Quigley, Roach, L. Smith, Snyder, Talmadge, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 4, 1993

SB 5836          Prime Sponsor, Senator Bauer: Redefining the relationship between the state and its postsecondary institutions. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Second Substitute Senate Bill No. 5836 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Roach, Snyder, Sutherland, Talmadge, West, and Williams.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5850          Prime Sponsor, Senator M. Rasmussen: Clarifying definitions relating to farmers. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Second Substitute Senate Bill No. 5850 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Niemi, Pelz, Quigley, Roach, L. Smith, Sutherland, West, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5906          Prime Sponsor, Senator Moore: Modifying electrical inspection standards. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Substitute Senate Bill No. 5906 as recommended by Committee on Labor and Commerce be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Gaspard, Hochstatter, Jesernig, Niemi, Pelz, Snyder, Sutherland, Talmadge, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

March 8, 1993

SB 5925          Prime Sponsor, Senator Snyder: Allowing lodging tax for counties with national monuments. Reported by Committee on Ways and Means

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

     Passed to Committee on Rules for second reading.

     There being no objection, the President Pro Tempore advanced the Senate to the fourth order of business.

MESSAGE FROM THE HOUSE

March 8, 1993

MR. PRESIDENT:

     The House has passed SENATE BILL NO. 5166, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk

SIGNED BY THE PRESIDENT

     The President signed:

     SENATE BILL NO. 5166.

MOTION

     At 7:31 p.m., on motion of Senator Jesernig, the Senate adjourned until 9:00 a.m., Tuesday, March 9, 1993.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate