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FIFTY-EIGHTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, March 9, 1993
The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Erwin, Haugen, McDonald, Prince, Linda Smith, Talmadge and West. On motion of Senator Spanel, Senators Haugen and Talmadge were excused. On motion of Senator Oke, Senators Erwin, McDonald, Prince, Linda Smith and West were excused.
The Sergeant at Arms Color Guard, consisting of Pages Abby Knight and Troy Holt, presented the Colors. Reverend Charles Leps, pastor of the Gloria Dei Lutheran Church of Olympia, offered the prayer.
MOTION
On motion of Senator Jesernig, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
March 8, 1993
MR. PRESIDENT:
The House has passed ENGROSSED HOUSE BILL NO. 1330, and the same is herewith transmitted.
ALAN THOMPSON, Chief Clerk
March 8, 1993
MR. PRESIDENT:
The House has passed:
HOUSE BILL NO. 1243,
SUBSTITUTE HOUSE BILL NO. 1316,
SUBSTITUTE HOUSE BILL NO. 1318,
HOUSE BILL NO. 1346,
HOUSE BILL NO. 1410, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
INTRODUCTION AND FIRST READING
SB 5959 by Senators Nelson, M. Rasmussen, Amondson, Vognild, Erwin and Roach
AN ACT Relating to exercising the right to petition for referendum; amending RCW 4.24.500, 4.24.510, 4.24.520, 35.22.200, 35A.11.100, and 35A.29.170; adding a new section to chapter 35.21 RCW; adding a new section to chapter 36.01 RCW; and creating a new section.
Referred to Committee on Government Operations.
SB 5960 by Senator West
AN ACT Relating to regulating smoking in private enclosed workplaces within public places; and amending RCW 70.160.060.
Referred to Committee on Health and Human Services.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
HB 1243 by Representatives King, Heavey, Franklin, G. Cole, Jones and Veloria
Making technical changes to the statute governing reconsideration of industrial insurance orders.
Referred to Committee on Labor and Commerce.
SHB 1316 by House Committee on Local Government (originally sponsored by Representatives Springer, H. Myers and Thomas)
Authorizing city councilmembers to serve as reserve police officers.
Referred to Committee on Government Operations.
SHB 1318 by House Committee on Natural Resources and Parks (originally sponsored by Representatives Pruitt, Ballard, Morton, Sheldon, Wolfe, Schoesler, R. Johnson and Jones)
Changing boating safety provisions.
Referred to Committee on Ecology and Parks.
EHB 1330 by Representatives Horn, Heavey, G. Cole and Johanson (by request of Liquor Control Board)
Regulating liquor licenses.
Referred to Committee on Labor and Commerce.
HB 1346 by Representatives G. Cole, Heavey, King, Veloria, Holm, J. Kohl, Brough, Sommers, Zellinsky, R. Fisher, Wang, Ogden, Wolfe, Valle, Riley, H. Myers, Wood, Jones, Leonard, Karahalios and Wineberry
Repealing enforcement and right of action provisions for family leave.
Referred to Committee on Labor and Commerce.
HB 1410 by Representatives Morton and Appelwick
Concerning the distribution of intestate estates.
Referred to Committee on Law and Justice.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Vognild, Gubernatorial Appointment No. 9244, Louis O. Stewart, as a member of the Marine Employees' Commission, was confirmed.
APPOINTMENT OF LOUIS O. STEWART
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 42.
Excused: Senators Erwin, Haugen, McDonald, Prince, Smith, L., Talmadge and West - 7.
President Pro Tempore Wojahn assumed the Chair.
SECOND READING
SENATE BILL NO. 5563, by Senators Barr, Vognild, Prince, M. Rasmussen, Quigley, Deccio and Hochstatter
Permitting monthly licensed farm vehicles to buy trip permits.
The bill was read the second time.
MOTION
On motion of Senator Loveland, the rules were suspended, Senate Bill No. 5563 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 Senate Bill No. 5563.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5563 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, 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 - 48.
Excused: Senator McDonald - 1.
SENATE BILL NO. 5563, 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. 5402, by Senators Jesernig, Sellar, Bauer and Hochstatter
Authorizing a study of the feasibility of expanding literacy in mathematics, science, and technology.
MOTIONS
On motion of Senator Jesernig, Substitute Senate Bill No. 5402 was substituted for Senate Bill No. 5402 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Jesernig, the rules were suspended, Substitute Senate Bill No. 5402 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 Senate Bill No. 5402.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5402 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, 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 - 48.
Excused: Senator McDonald - 1.
SUBSTITUTE SENATE BILL NO. 5402, 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. 5270, by Senators Moore, Prentice and Amondson
Creating a department of financial institutions.
MOTIONS
On motion of Senator Moore, Substitute Senate Bill No. 5270 was substituted for Senate Bill No. 5270 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Moore, the rules were suspended, Substitute Senate Bill No. 5270 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 Senate Bill No. 5270.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5270 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, 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 - 48.
Excused: Senator McDonald - 1.
SUBSTITUTE SENATE BILL NO. 5270, 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.
President Pritchard assumed the Chair.
SECOND READING
SENATE BILL NO. 5300, by Senators Skratek, Erwin, Williams, M. Rasmussen, Sheldon and Winsley
Promoting economic development.
The bill was read the second time.
MOTION
On motion of Senator Skratek, the rules were suspended, Senate Bill No. 5300 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5300.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5300 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, 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, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Voting nay: Senators Anderson and Talmadge - 2.
Excused: Senator McDonald - 1.
SENATE BILL NO. 5300, 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. 5699, by Senators Bluechel, Snyder, Cantu, Gaspard, Jesernig, Skratek, Erwin and M. Rasmussen (by request of Governor Lowry)
Changing the organizational structure of the Pacific Northwest Economic region.
MOTIONS
On motion of Senator Skratek, Substitute Senate Bill No. 5699 was substituted for Senate Bill No. 5699 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Skratek, the rules were suspended, Substitute Senate Bill No. 5699 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. 5699.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5699 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. 5699, 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. 5545, by Senators Williams, Bluechel and Moore
Modifying qualifications for registered architects.
The bill was read the second time.
MOTION
Senator Moore moved that the following Committee on Labor and Commerce amendment not be adopted:
On page 2, line 2, after "years" insert ", as approved by the board"
The President declared the question before the Senate to be the motion by Senator Moore to not adopt the Committee on Labor and Commerce amendment on page 2, line 2, to Senate Bill No. 5545.
The motion by Senator Moore carried and the committee amendment was not adopted.
There being no objection, the President deferred further consideration of Senate Bill No. 5545.
SECOND READING
SENATE BILL NO. 5528, by Senator Quigley
Altering court fees.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 5528 was substituted for Senate Bill No. 5528 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Adam Smith, the rules were suspended, Substitute Senate Bill No. 5528 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. 5528.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5528 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 14; Absent, 0; Excused, 0.
Voting yea: Senators Barr, Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Winsley and Wojahn - 35.
Voting nay: Senators Amondson, Anderson, Cantu, Deccio, Hochstatter, McDonald, Newhouse, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Williams - 14.
SUBSTITUTE SENATE BILL NO. 5528, 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. 5694, by Senators Snyder, Sutherland and Vognild
Lowering the age for use of an out-of-state license or learner's permit.
The bill was read the second time.
MOTIONS
On motion of Senator Snyder, the following amendments were considered simultaneously and were adopted:
On page 1, line 14, strike "or instruction permit"
On page 1, line 14, after "state" insert "or an instruction permit issued to him or her in his or her home state, when accompanied by a licensed driver who has had at least five years of driving experience and is occupying a seat beside the driver"
On motion of Senator Snyder, the rules were suspended, Engrossed Senate Bill No. 5694 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5694.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5694 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 SENATE BILL NO. 5694, 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.
There being no objection, the Senate resumed consideration of Senate Bill No. 5545, deferred earlier today.
MOTION FOR RECONSIDERATION
Senator Moore moved to reconsider the vote by which the Committee on Labor and Commerce amendment on page 2, line 2, was not adopted.
The President declared the question before the Senate to be the motion by Senator Moore to reconsider the vote by which the Committee on Labor and Commerce amendment on page 2, line 2, was not adopted.
The motion for reconsideration carried.
MOTION
On motion of Senator Moore, the Committee on Labor and Commerce amendment on page 2, line 2, was adopted, on reconsideration.
MOTIONS
On motion of Senator Moore, the following Committee on Labor and Commerce amendments were not adopted:
On page 2, line 12, after "within" strike "four" and insert "((four)) ten"
On page 2, line 14, after "for" strike "four" and insert "((four)) ten"
On motion of Senator Niemi, the following amendments by Senators Niemi, Moore and Williams were considered simultaneously and were adopted:
On page 2, line 11, after "28," strike "1985" and insert "((1985)) 1992"
On page 2, line 12, after "28," strike "1985" and insert "((1985)) 1992"
On page 2, line 14, after "28," strike "1985" and insert "((1985)) 1992"
MOTION
On motion of Senator Moore, the rules were suspended, Engrossed Senate Bill No. 5545 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 Engrossed Senate Bill No. 5545.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5545 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 SENATE BILL NO. 5545, 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 Vognild was excused.
SECOND READING
SENATE BILL NO. 5841, by Senators Moyer, Prentice, Talmadge, Quigley, Prince, Hochstatter, McAuliffe, Erwin, West, Sheldon and Winsley
Requiring an outreach campaign on shaken baby syndrome.
The bill was read the second time.
MOTION
On motion of Senator Talmadge, the rules were suspended, Senate Bill No. 5841 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5841.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5841 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; 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, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Absent: Senator Pelz - 1.
Excused: Senator Vognild - 1.
SENATE BILL NO. 5841, 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. 5332, by Senators West, Oke, Nelson, Owen, Pelz, Sutherland, Hargrove, Winsley, von Reichbauer, Erwin and Sheldon
Requiring the establishment of an underwater parks system.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 5332 was substituted for Senate Bill No. 5332 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5332 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. 5332.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5332 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., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Vognild - 1.
SUBSTITUTE SENATE BILL NO. 5332, 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. 5800, by Senators Nelson, A. Smith and Winsley
Increasing the penalty for violating human remains.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 5800 was substituted for Senate Bill No. 5800 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Adam Smith, the rules were suspended, Substitute Senate Bill No. 5800 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. 5800.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5800 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., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Vognild - 1.
SUBSTITUTE SENATE BILL NO. 5800, 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. 5391, by Senators L. Smith, Talmadge, McCaslin, Deccio, Erwin, Moyer, Oke and Winsley
Providing a program to assess and monitor infants exposed to drugs.
MOTIONS
On motion of Senator Talmadge, Substitute Senate Bill No. 5391 was substituted for Senate Bill No. 5391 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Talmadge, the rules were suspended, Substitute Senate Bill No. 5391 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. 5391.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5391 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., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Vognild - 1.
SUBSTITUTE SENATE BILL NO. 5391, 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 Rasmussen was excused.
SECOND READING
SENATE BILL NO. 5491, by Senators Niemi and A. Smith
Creating a task force on sentencing disparities.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 5491 was substituted for Senate Bill No. 5491 and the substitute bill was placed on second reading and read the second time.
Senator Roach moved that the following amendment by Senators Roach and McCaslin be adopted:
On page 2, line 4, after "1993." insert the following:
"In making its recommendations, the task force shall have the public safety as its primary concern. The task force shall make no recommendations that place fiscal or budgetary concerns over the government's interest in safeguarding the public."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Roach and McCaslin on page 2, line 4, to Substitute Senate Bill No. 5491.
The motion by Senator Roach carried and the amendment was adopted.
MOTION
Senator Niemi moved that the following amendments be considered simultaneously and be adopted:
On page 2, line 9, strike "fourteen" and insert "sixteen"
On page 2, line 18, after "association;" strike "and"
On page 2, line 21, after "chiefs" insert "; and
(g) Two superior court judges selected by the superior court judges association"
POINT OF INQUIRY
Senator McCaslin: "Senator Niemi, would this preclude retired judges from serving or superior court judges in whatever form of English it is running currently?"
Senator Niemi: "Well, I suppose we could write letters saying that it wouldn't preclude retired judges. I don't think anyone is just terribly anxious to be involved in this, but I have no objection."
Senator McCaslin: "Well, I think retired judges may have more time. I support your amendments, but adding retired judges or in a letter might help. Thank you."
The President declared the question before the Senate to be the adoption of the amendments by Senator Niemi on page 2, lines 9, 18, and 21, to Substitute Senate Bill No. 5491.
The motion by Senator Niemi carried and the amendments were adopted.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 5491 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. 5491.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5491 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 7; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 40.
Voting nay: Senators Amondson, Anderson, Barr, Cantu, Erwin, Nelson and Oke - 7.
Excused: Senators Rasmussen, M. and Vognild - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5491, 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. 5634, by Senators Bauer, Newhouse, Snyder, Haugen, Gaspard, Vognild, Sutherland, Rinehart, Spanel, Talmadge, Winsley, McAuliffe, Moore and Drew
Requiring state agencies to submit interagency disputes to arbitration before filing lawsuits.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5634 was substituted for Senate Bill No. 5634 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5634 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. 5634.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5634 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, Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Rasmussen, M. - 1.
SUBSTITUTE SENATE BILL NO. 5634, 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.
There being no objection, the President reverted the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 9, 1993
MR. PRESIDENT:
The Speaker has signed SENATE BILL NO. 5166, and the same is herewith transmitted.
ALAN THOMPSON, Chief Clerk
MOTION
At 10:43 a.m., on motion of Senator Jesernig, the Senate recessed until 11:30 a.m.
The Senate was called to order at 11:54 a.m. by President Pritchard.
MOTION
At 11:54 a.m., on motion of Senator Jesernig, the Senate recessed until 2:15 p.m.
The Senate was called to order at 2:18 p.m. by President Pritchard.
There being no objection, the President advanced the Senate to the sixth order of business.
SECOND READING
SENATE BILL NO. 5066, by Senators A. Smith, McCaslin and Nelson
Limiting powers of trustees.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 5066 was substituted for Senate Bill No. 5066 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Adam Smith, the rules were suspended, Substitute Senate Bill No. 5066 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Spanel, Senator Rinehart was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5066.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5066 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; 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, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Voting nay: Senator Talmadge - 1.
Excused: Senator Rinehart - 1.
SUBSTITUTE SENATE BILL NO. 5066, 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. 5287, by Senators Barr, M. Rasmussen, Hochstatter, Loveland, Snyder, Newhouse, Bauer, Deccio, Jesernig, Owen, Sutherland, Oke, Amondson, Moore, Fraser, Anderson, Prince, Sellar, Winsley and Erwin
Prescribing additional penalties for failure to make restitution for theft of livestock.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 5287 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5287.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5287 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.
SENATE BILL NO. 5287, 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. 5698, by Senators Bluechel, Skratek, Sheldon, Williams and Erwin
Assisting companies to adopt ISO-9000 quality standards.
MOTIONS
On motion of Senator Skratek, Substitute Senate Bill No. 5698 was substituted for Senate Bill No. 5698 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Skratek, the rules were suspended, Substitute Senate Bill No. 5698 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. 5698.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5698 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. 5698, 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. 5567, by Senators Barr, Owen and Erwin
Allowing benefits for emergency medical service district volunteers.
MOTIONS
On motion of Senator Drew, Substitute Senate Bill No. 5567 was substituted for Senate Bill No. 5567 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. 5567 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. 5567.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5567 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. 5567, 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. 5255, by Senators Fraser, Barr, Talmadge, Bluechel and Haugen
Providing for evaluation and transfer to the parks and recreation commission of land acquired by the state by escheat.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 5255 was substituted for Senate Bill No. 5255 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5255 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. 5255.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5255 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.
Voting yea: Senators Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Winsley and Wojahn - 40.
Voting nay: Senators Amondson, Anderson, Hargrove, Hochstatter, McCaslin, Roach, Sellar, West and Williams - 9.
SUBSTITUTE SENATE BILL NO. 5255, 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. 5110, by Senators Haugen, Drew and Winsley
Acquiring property by eminent domain.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5110 was substituted for Senate Bill No. 5110 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the following amendments were considered simultaneously and were adopted:
On page 1, beginning on line 6, strike all of section 1
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 6, beginning on line 34, strike all of section 6
Renumber the remaining sections consecutively and correct any internal references accordingly.
MOTION
On motion of Senator Jesernig, further consideration of Substitute Senate Bill No. 5110 was deferred.
SECOND READING
SENATE BILL NO. 5248, by Senators M. Rasmussen, Barr, Loveland, Newhouse and Bauer
Excluding pollination agents from "sale at retail" and "retail sale" definition for business and occupation tax.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 5248 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5248.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5248 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.
SENATE BILL NO. 5248, 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. 5844, by Senators McAuliffe, Erwin, M. Rasmussen, Amondson, Drew, Prentice, Pelz, Niemi, Winsley, Sheldon, McDonald, Talmadge, Owen, Snyder, Haugen, Hargrove, Moyer, Quigley, Roach, Jesernig, Oke, Hochstatter and Spanel
Allowing volunteers to assist agencies to serve at-risk children's needs.
MOTIONS
On motion of Senator Drew, Substitute Senate Bill No. 5844 was substituted for Senate Bill No. 5844 and the substitute bill was placed on second reading and read the second time.
Senator McAuliffe moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 43.150 RCW to read as follows:
A volunteer organization or individual volunteer may assist a public agency, with the agency's approval, in a collaborative program designed to serve the needs of at-risk children. The center, with the advice and counsel of the attorney general, shall develop guidelines defining at-risk children and establish reasonable safety standards for the activities of any volunteers, including but not limited to background checks as provided in RCW 43.43.830 through 43.43.834. In carrying out the volunteer activity, the individual volunteer or member of the volunteer organization shall not be considered to be an employee or agent of any public agency involved in the collaborative program. Prior to participation, a volunteer and the public agency administering the collaborative program shall sign a written master agreement, approved in form by the attorney general, that includes provisions defining the scope of the volunteer activities and waiving any claims against each other. An individual volunteer shall not be liable for civil damages resulting from any act or omission arising from volunteer activities which comply with safety standards issued by the center for volunteerism and citizen service, other than acts or omissions constituting gross negligence or wilful or wanton misconduct. In any action for damages against a public agency or volunteer organization, a claimant must establish by a preponderance of the evidence that a public agency or other sponsor of a program under this section failed to comply with reasonable safety standards established by the center."
POINT OF INQUIRY
Senator Anderson: "Senator McAuliffe, the striking amendment that we are now voting on is essentially, as I read it, the same as the underlying bill. Is the striking amendment needed for a more appropriate language? Is this why you are adding it at this time?"
Senator McAuliffe: "Yes, it is. It needed to tighten up what 'good faith' meant and so this gives the ability for that to tighten up that language. Thank you."
The President declared the question before the Senate to be the adoption of the striking amendment by Senator McAuliffe to Substitute Senate Bill No. 5844.
The motion by Senator McAuliffe carried and the striking amendment was adopted.
MOTION
On motion of Senator Drew, the rules were suspended, Engrossed Substitute Senate Bill No. 5844 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. 5844.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5844 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. 5844, 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 3:07 p.m., on motion of Senator Jesernig, the Senate recessed until 4:00 p.m.
The Senate was called to order at 4:03 p.m. by President Pritchard.
MOTIONS
On motion of Senator Spanel, Senator Talmadge was excused.
On motion of Senator Oke, Senators McDonald, Sellar and Winsley were excused.
STATEMENT FOR THE JOURNAL
Due to business in Seattle, I missed the votes on Engrossed Substitute Senate Bill No. 5110, Senate Bill No. 5541, Senate Bill No. 5265, Senate Joint Memorial No. 8017, Senate Bill No. 5526, Senate Joint Memorial No. 8021, Senate Bill No. 5447, Substitute Senate Bill No. 5195, Senate Bill No. 5799, and Engrossed Substitute Senate Bill No. 5162. I would have voted 'aye' on each measure.
SENATOR PHIL TALMADGE, 34th District
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5110, deferred earlier today.
MOTIONS
On motion of Senator Nelson, the following amendment by Senators Nelson and Haugen was adopted:
On page 12, line 28, strike all of section 11.
Renumber the remaining section accordingly.
On motion of Senator Haugen, the following title amendments were considered simultaneously and were adopted:
On page 1, line 2 of the title, after "56.08.070," strike "57.08.010,"
On page 1, beginning on line 2 of the title, after "57.08.170;" strike "reenacting and amending RCW 56.08.010;"
On page 1, line 2 of the title, after " 57.08.010," insert "and" and after "57.08.050" strike ", and 57.08.170"
MOTION
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5110 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. 5110.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5110 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams and Wojahn - 42.
Voting nay: Senators Anderson, Barr and Newhouse - 3.
Excused: Senators McDonald, Sellar, Talmadge and Winsley - 4.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5110, 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. 5541, by Senators Fraser, A. Smith, Sellar, McAuliffe, Quigley and Winsley
Revising the statute of limitations for certain sex offenses.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 5541 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5541.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5541 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., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Talmadge - 1.
SENATE BILL NO. 5541, 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. 5265, by Senators Snyder, Winsley, A. Smith, Bauer, Hochstatter, Gaspard, L. Smith, Loveland, Vognild, Skratek and Pelz
Modifying funeral expenses of a deceased person.
The bill was read the second time.
MOTION
On motion of Senator Snyder, the rules were suspended, Senate Bill No. 5265 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5265.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5265 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., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Talmadge - 1.
SENATE BILL NO. 5265, 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 JOINT MEMORIAL NO. 8017, by Senators Jesernig and Loveland
Requesting the United States Department of Energy to support the Fast Flux Test Facility at Hanford.
The joint memorial was read the second time.
MOTION
On motion of Senator Jesernig, the rules were suspended, Senate Joint Memorial No. 8017 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8017.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8017 and the joint memorial passed the Senate by the following vote: Yeas, 46; Nays, 2; 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., Rinehart, Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Winsley and Wojahn - 46.
Voting nay: Senators Skratek and Williams - 2.
Excused: Senator Talmadge - 1.
SENATE JOINT MEMORIAL NO. 8017, having received the constitutional majority, was declared passed.
MOTION
On motion of Senator Spanel, Senator Vognild was excused.
SECOND READING
SENATE BILL NO. 5526, by Senators Barr, Bauer, Prince and Sutherland
Providing for the Columbia river resource task force.
The bill was read the second time.
MOTION
On motion of Senator Sutherland, the rules were suspended, Senate Bill No. 5526 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5526.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5526 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
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, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Talmadge and Vognild - 2.
SENATE BILL NO. 5526, 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 JOINT MEMORIAL NO. 8021, by Senators Williams, McCaslin, Fraser, Talmadge, M. Rasmussen, Moore, Deccio, Sutherland, Barr and Franklin
Requesting federal assistance with implementing the safe drinking water act.
The joint memorial was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, Senate Joint Memorial No. 8021 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8021.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8021 and the joint memorial passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
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, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Talmadge and Vognild - 2.
SENATE JOINT MEMORIAL NO. 8021, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 5447, by Senator Fraser (by request of Utilities and Transportation Commission)
Modifying review of solid waste collection company tariff filings.
The bill was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, Senate Bill No. 5447 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5447.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5447 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
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, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Absent: Senator Prince - 1.
Excused: Senators Talmadge and Vognild - 2.
SENATE BILL NO. 5447, 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. 5195, by Senator Moore
Regulating excessive securities transactions.
MOTIONS
On motion of Senator Moore, Substitute Senate Bill No. 5195 was substituted for Senate Bill No. 5195 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Moore, the rules were suspended, Substitute Senate Bill No. 5195 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 Anderson: "Senator Moore, just in reading the summary, the sentence is 'the remedy for churning victims is also available for clients who have been placed in unsuitable investments.' In reading the text, it says the recommendation is suitable. Anywhere in here, is there a definition of 'suitable or unsuitable?'"
Senator Moore: "No, but in the National Association of Securities Dealer's Manual, it is discussed in some length and one of the problems is, of course, in this business, that everything is done on a phone call or a hand shake and oftentimes misunderstandings arise as the result of what is proper. But, if a person says, 'I want to be in Triple A bonds,' and they end up in Microsoft--successful as it has been--there has been a violation of their trust. The question of 'unsuitable' is covered by the NASD. Now, as to each individual firm, I can only say that with the firms that I was with, we did have directives from those firms telling us what was 'suitable' or what was 'unsuitable.'"
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5195.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5195 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 9; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, Moore, Moyer, Nelson, Niemi, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 39.
Voting nay: Senators Amondson, Bluechel, McCaslin, McDonald, Newhouse, Oke, Owen, Sellar and West - 9.
Excused: Senator Talmadge - 1.
SUBSTITUTE SENATE BILL NO. 5195, 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. 5799, by Senators Nelson and Sutherland
Providing address designations on subdivision approvals for improved utility placements.
The bill was read the second time.
MOTION
On motion of Senator Sutherland, the rules were suspended, Senate Bill No. 5799 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5799.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5799 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, 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, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Voting nay: Senators Bluechel and McDonald - 2.
Excused: Senator Talmadge - 1.
SENATE BILL NO. 5799, 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. 5162, by Senators Niemi, A. Smith, Prentice, McAuliffe, Drew, Spanel, Skratek, Loveland, Talmadge, Moore, Wojahn, Snyder, Fraser, Rinehart, Vognild, Williams, Bluechel, Bauer, Sheldon, Newhouse, Sutherland, Prince, Pelz, Jesernig and Gaspard
Prohibiting interference with access to or from a health care facility.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 5162 was substituted for Senate Bill No. 5162 and the substitute bill was placed on second reading and read the second time.
Senator Oke moved that the following amendment be adopted:
On page 1, line 16, before "nursing home", strike "or" and after "nursing home" insert ", or any education facility, federal, state, municipal, or privately owned building that houses a health care service or administers health care policy or regulations"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Oke on page 1, line 16, to Substitute Senate Bill No. 5162.
The motion by Senator Oke failed and the amendment was not adopted.
MOTION
Senator Hargrove moved that the following amendment be adopted:
On page 2, line 17, after "Physically" strike "obstructing or impeding the free" and insert "preventing or intending to prevent"
Debate ensued.
Senator Hargrove demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Hargrove on page 2, line 17, to Substitute Senate Bill No. 5162.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 21; Nays, 26; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Cantu, Deccio, Erwin, Hargrove, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Oke, Owen, Quigley, Rasmussen, M., Roach, Sellar, Smith, L., von Reichbauer and West - 21.
Voting nay: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Prince, Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, Williams, Winsley and Wojahn - 26.
Absent: Senator Newhouse - 1.
Excused: Senator Talmadge - 1.
MOTION
Senator Hargrove moved that the following amendment be adopted:
On page 2, beginning on line 20, after "(b)" strike all material through "(c)" on line 22
Reletter the remaining subsections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Hargrove on page 2, line 20, to Substitute Senate Bill No. 5162.
The motion by Senator Hargrove failed and the amendment was not adopted.
MOTION
Senator Hargrove moved that the following amendment be adopted:
On page 2, line 24, after "facility" strike everything through "purpose" on line 25 and insert "in violation of RCW 9.61.230"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Hargrove on page 2, line 24, to Substitute Senate Bill No. 5162.
The motion by Senator Hargrove failed and the amendment was not adopted on a rising vote.
MOTION
Senator Niemi moved that the following amendments be considered simultaneously and be adopted:
On page 2, line 29, strike all material beginning with "(2)" down through and including the period on page 2, line 31
On page 6, after line 21, insert the following:
"NEW SECTION. Sec. 9. Nothing in section 3 of this act shall prohibit picketing or other publicity for the purpose of providing the public with information."
Renumber the remaining sections consecutively and correct any internal references.
The President declared the question before the Senate to be the adoption of the amendments by Senator Niemi on page 2, line 29, and page 6, after line 21, to Substitute Senate Bill No. 5162.
The motion by Senator Niemi carried and the amendments were adopted on a rising vote.
MOTION
Senator Oke moved that the following amendment be adopted:
On page 2, line 32, after "is a" strike everything through "days." on page 3, line 5 and insert "class 2 civil infraction as defined by RCW 7.80.120."
Debate ensued.
Senator Oke demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Oke on page 2, line 32, to Substitute Senate Bill No. 5162.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 20; Nays, 28; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Cantu, Deccio, Erwin, Hargrove, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Roach, Sellar, Smith, L., von Reichbauer and West - 20.
Voting nay: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, Williams, Winsley and Wojahn - 28.
Excused: Senator Talmadge - 1.
MOTION
Senator Oke moved that the following amendment be adopted:
On page 3, beginning on line 6, strike all of section 5
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Oke on page 3, beginning on line 6, to Substitute Senate Bill No. 5162.
The motion by Senator Oke failed and the amendment was not adopted.
MOTION
Senator Hargrove moved that the following amendment be adopted:
On page 5, beginning on line 30, after "section." strike all material through "fees." on line 32.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Hargrove on page 5, beginning on line 30, to Substitute Senate Bill No. 5162.
The motion by Senator Hargrove failed and the amendment was not adopted.
MOTION
Senator Hargrove moved that the following amendment be adopted:
On page 6, line 16, after "facility." insert "The combined recovery for all plaintiffs under this section shall not exceed five thousand dollars per defendant."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Hargrove on page 6, line 16, to Substitute Senate Bill No. 5162.
The motion by Senator Hargrove failed and the amendment was not adopted.
MOTION
Senator Prentice moved that the following amendment by Senators Prentice, Moore and Franklin be adopted:
On page 6, beginning on line 17, strike all of section 8, and insert the following:
"NEW SECTION. Sec. 8. (1) Section 3 of this act shall not be interpreted to apply to:
(a) The actions of any agent, officer, or employee of the health care facility, acting within the scope of his or her agency, office, or employment; or
(b) The actions of any law enforcement officer, acting within the scope of his or her agency; or
(c) Any expressive conduct protected from legal prohibition by the first article of amendment to the Constitution of the United States, or Article I, section 5 of the State Constitution; or
(d) Conduct by a party to a labor dispute in furtherance of labor or management objectives in that dispute.
(2) In the event that any of the exemptions contained within this section are ruled invalid, the legislature intends that the remainder of chapter . . ., Laws of 1993 (this act) should not be affected."
Debate ensued.
Senator Prentice demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Prentice, Moore and Franklin on page 6, beginning on line 17, to Substitute Senate Bill No. 5162.
ROLL CALL
The Secretary called the roll and the amendment was adopted by the following vote: Yeas, 37; Nays, 11; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McCaslin, McDonald, Moore, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Quigley, Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, L., Snyder, Sutherland, Vognild, von Reichbauer, West, Williams and Winsley - 37.
Voting nay: Senators Barr, Bluechel, Haugen, McAuliffe, Newhouse, Niemi, Prince, Rasmussen, M., Smith, A., Spanel and Wojahn - 11.
Excused: Senator Talmadge - 1.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 5162 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 Engrossed Substitute Senate Bill No. 5162.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5162 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.
Voting yea: Senators Barr, Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Jesernig, Loveland, McAuliffe, Moore, Moyer, Newhouse, Niemi, Pelz, Prentice, Prince, Quigley, Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 30.
Voting nay: Senators Amondson, Anderson, Cantu, Deccio, Erwin, Hargrove, Haugen, Hochstatter, McCaslin, McDonald, Nelson, Oke, Owen, Rasmussen, M., Roach, Sellar, Smith, L. and West - 18.
Excused: Senator Talmadge - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5162, 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 6:08 p.m., on motion of Senator Jesernig, the Senate adjourned until 9:00 a.m., Wednesday, March 10, 1993.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate