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FIFTY-NINTH DAY


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MORNING SESSION


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Senate Chamber, Olympia, Wednesday, March 10, 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 Anderson, Bauer, Cantu, McDonald, Pelz, Linda Smith and Wojahn. On motion of Senator Oke, Senators Anderson, Cantu, McDonald and Linda Smith were excused. On motion of Senator Spanel, Senators Bauer, Pelz and Wojahn were excused.

     The Sergeant at Arms Color Guard, consisting of Pages Sean Files and Rick Nye, 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.


REPORT OF STANDING COMMITTEE


March 8, 1993

HJM 4010       Prime Sponsor, Representative R. Fisher: Expressing opposition to sanctions on federal highway funds. Reported by Committee on Transportation


     MAJORITY recommendation: Do pass. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Skratek, Vice Chairman; Drew, Haugen, Prentice, M. Rasmussen, and Sheldon.


     Passed to Committee on Rules for second reading.


MESSAGES FROM THE HOUSE


March 8, 1993


MR. PRESIDENT:

     The House has passed:

     SUBSTITUTE HOUSE BILL NO. 1011,

     SUBSTITUTE HOUSE BILL NO. 1013,

     HOUSE BILL NO. 1015,

     ENGROSSED HOUSE BILL NO. 1022,

     SUBSTITUTE HOUSE BILL NO. 1028,

     HOUSE BILL NO. 1038,

     SUBSTITUTE HOUSE BILL NO. 1061,

     SUBSTITUTE HOUSE BILL NO. 1069,

     HOUSE BILL NO. 1076,

     SUBSTITUTE HOUSE BILL NO. 1090,

     SUBSTITUTE HOUSE BILL NO. 1108,

     HOUSE BILL NO. 1111,

     HOUSE BILL NO. 1217,

     SUBSTITUTE HOUSE BILL NO. 1253,

     SUBSTITUTE HOUSE BILL NO. 1254,

     SUBSTITUTE HOUSE BILL NO. 1275,

     HOUSE BILL NO. 1292,

     SUBSTITUTE HOUSE BILL NO. 1308,

     HOUSE BILL NO. 1328,

     HOUSE BILL NO. 1351,

     HOUSE BILL NO. 1355,

     HOUSE BILL NO. 1359,

     HOUSE BILL NO. 1376,

     HOUSE BILL NO. 1379,

     HOUSE BILL NO. 1384,

     HOUSE BILL NO. 1401,

     SUBSTITUTE HOUSE BILL NO. 1428,

     HOUSE BILL NO. 1444,

     HOUSE BILL NO. 1447,

     SUBSTITUTE HOUSE BILL NO. 1454,

     HOUSE BILL NO. 1460,

     HOUSE BILL NO. 1479,

     ENGROSSED HOUSE BILL NO. 1484,

     ENGROSSED HOUSE BILL NO. 1501,

     ENGROSSED HOUSE BILL NO. 1510,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1552,

     SUBSTITUTE HOUSE BILL NO. 1582,

     SUBSTITUTE HOUSE BILL NO. 1707,

     HOUSE BILL NO. 1735,

     HOUSE BILL NO. 1773,

     HOUSE BILL NO. 1815,

     HOUSE BILL NO. 1838,

     HOUSE BILL NO. 1857,

     HOUSE BILL NO. 1867,

     SUBSTITUTE HOUSE BILL NO. 1915,

     HOUSE BILL NO. 1929,

     HOUSE JOINT MEMORIAL NO. 4007,

     HOUSE JOINT RESOLUTION NO. 4201, and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk



March 8, 1993


MR. PRESIDENT:

     The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1018, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk


March 9, 1993


MR. PRESIDENT:

     The House has passed:

     SUBSTITUTE HOUSE BILL NO. 1118,

     HOUSE BILL NO. 1165,

     SUBSTITUTE HOUSE BILL NO. 1169,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1326,

     SUBSTITUTE HOUSE BILL NO. 1367,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1461,

     HOUSE BILL NO. 1477,

     HOUSE BILL NO. 1557,

     HOUSE BILL NO. 1618, and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

SHB 1011       by House Committee on Judiciary (originally sponsored by Representatives Appelwick and Shin)

 

Enacting the 1991 uniform simultaneous death act.

 

Referred to Committee on Law and Justice.

 

SHB 1013       by House Committee on Judiciary (originally sponsored by Representatives Appelwick and Riley)

 

Adopting the revised uniform commercial code on bulk sales.

 

Referred to Committee on Law and Justice.

 

HB 1015          by Representatives Appelwick and Riley

 

Adopting the Uniform Commercial Code article on leases.

 

Referred to Committee on Law and Justice.

 

ESHB 1018     by House Committee on Local Government (originally sponsored by Representatives Springer, Morris, Chappell, Dunshee, Finkbeiner, Riley, Brough, R. Johnson, Carlson, Edmondson, Flemming, Orr and Hansen)

 

Making the office of sheriff nonpartisan.

 

Referred to Committee on Government Operations.

 

EHB 1022       by Representatives Morris, Long, King and L. Johnson (by request of Sentencing Guidelines Commission)

 

Adjusting the membership of the sentencing guidelines commission.

 

Referred to Committee on Law and Justice.

 

SHB 1028       by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives H. Myers, Vance, Jones, Orr, Flemming, Springer, Shin, Dunshee and Chappell)

 

Allowing live-in care at mobile home parks.

 

Referred to Committee on Labor and Commerce.

 

HB 1038          by Representative Dellwo (by request of Law Revision Commission)

 

Correcting a double amendment related to authorized functions of health care assistants.

 

Referred to Committee on Health and Human Services.

 

SHB 1061       by House Committee on Agriculture and Rural Development (originally sponsored by Representatives Rayburn, Chandler, Schoesler, Lisk, Grant, Hansen and Morton)

 

Modifying irrigation district mergers.

 

Referred to Committee on Agriculture.

 

SHB 1069       by House Committee on Judiciary (originally sponsored by Representatives Ludwig, Mielke, Riley, Mastin, Bray, Orr, Vance, H. Myers, Lisk, R. Johnson, Grant, Basich, Edmondson, Schmidt, Campbell, Van Luven, Rayburn, Foreman, Ballasiotes, Long, Kremen, Brough, Brumsickle, Horn, Forner, Karahalios, Chandler, Wood, Cooke, Roland and Silver)

 

Providing for seizure of property involved in a felony.

 

Referred to Committee on Law and Justice.

 

HB 1076          by Representatives Ludwig, Padden, Appelwick, Orr and Johanson

 

Allowing a personal representative with nonintervention powers to determine time and manner of distributing income.

 

Referred to Committee on Law and Justice.

 

SHB 1090       by House Committee on Judiciary (originally sponsored by Representative Scott)

 

Protecting communications in law enforcement officers peer support groups.

 

Referred to Committee on Law and Justice.

 

SHB 1108       by House Committee on State Government (originally sponsored by Representatives Vance, Reams and Anderson)

 

Extending the filing period for local nonpartisan offices when no candidate or one candidate files for an office.

 

Referred to Committee on Government Operations.

 

HB 1111          by Representatives Van Luven, Heavey, Schmidt, Riley, Forner, Finkbeiner, Johanson, Campbell and Wood

 

Protecting pedestrians in crosswalks.

 

Referred to Committee on Transportation.

 

SHB 1118       by House Committee on Judiciary (originally sponsored by Representatives Orr, Scott, Shin, Dunshee, Silver, Mielke, Schoesler, Sheahan, Riley, Tate, Vance, Chappell, Ludwig, Forner, H. Myers, Johanson and Springer)

 

Classifying the criminal use of explosives.

 

Referred to Committee on Law and Justice.

 

HB 1165          by Representatives Riley, Cooke, Leonard, Appelwick and Johanson

 

Revising provisions relating to guardians ad litem for juveniles.

 

Referred to Committee on Health and Human Services.

 

SHB 1169       by House Committee on Fisheries and Wildlife (originally sponsored by Representatives King, Basich, Orr, Fuhrman, Chappell and Wood)

 

Regulating marine finfish rearing facilities.

 

Referred to Committee on Natural Resources.

 

HB 1217          by Representatives Springer, Heavey, Chandler, King and Shin (by request of Liquor Control Board)

 

Allowing seized liquor to be used for training and investigations.

 

Referred to Committee on Labor and Commerce.

 

SHB 1253       by House Committee on Health Care (originally sponsored by Representatives Dellwo, Morris, Dyer and Wood) (by request of Department of Health)

 

Modifying provisions regarding physician assistants.

 

Referred to Committee on Health and Human Services.

 

SHB 1254       by House Committee on Health Care (originally sponsored by Representatives Dellwo, Morris, Dyer, Springer and Wood) (by request of Department of Health)

 

Modifying controlled substances definitions, standards, and schedule.

 

Referred to Committee on Health and Human Services.

 

SHB 1275       by House Committee on Environmental Affairs (originally sponsored by Representatives R. Fisher, Schmidt, R. Meyers, Brown, Jones, Shin and Horn) (by request of Department of Transportation)

 

Exempting site exploration from shorelines management regulation.

 

Referred to Committee on Natural Resources.

 

HB 1292          by Representatives Anderson, G. Cole, Chandler, Heavey, Veloria, Wood, Franklin, Springer, King and J. Kohl

 

Defining "employment" for unemployment compensation.

 

Referred to Committee on Labor and Commerce.

 

SHB 1308       by House Committee on Agriculture and Rural Development (originally sponsored by Representatives Kremen, Tate and Jacobsen)

 

Modifying the composition of the beef commission.

 

Referred to Committee on Agriculture.

 

ESHB 1326     by House Committee on Energy and Utilities (originally sponsored by Representatives Finkbeiner, Grant, Miller, Casada, R. Meyers, Ludwig, Heavey, Long and Johanson)

 

Relating to conservation tariffs allowing transfer of payment obligations to successive property owners.

 

Referred to Committee on Energy and Utilities.

 

HB 1328          by Representatives Heavey, Riley and King

 

Setting the minimum rate of compensation for certain salespeople.

 

Referred to Committee on Labor and Commerce.

 

HB 1351          by Representatives Veloria, Heavey, King and Lisk (by request of Department of Labor and Industries)

 

Defining hospital in regard to self-insurers.

 

Referred to Committee on Labor and Commerce.

 

HB 1355          by Representatives R. Fisher, Brough, R. Meyers, Edmondson, H. Myers and Van Luven

 

Increasing nonvoter-approved debt limit for metropolitan park districts.

 

Referred to Committee on Government Operations.

 

HB 1359          by Representatives Appelwick, Campbell, Riley, R. Meyers, Johanson, Chappell, Ludwig, H. Myers, Kessler, Eide, Locke, Roland, Pruitt, Jacobsen, Mastin, Long, Karahalios, Jones, L. Johnson, J. Kohl, Wineberry, Basich, Dellwo and G. Cole

 

Requiring full disclosure of civil court proceedings relating to public hazards.

 

Referred to Committee on Law and Justice.

 

SHB 1367       by House Committee on State Government (originally sponsored by Representatives Jones, Reams and Kessler)

 

Providing for mandatory election recounts.

 

Referred to Committee on Government Operations.

 

HB 1376          by Representatives Brough, Shin, Forner, Franklin, Casada, Ballard, Vance, Leonard, Chappell, Wineberry, Carlson, Roland, Long, Campbell, Cothern, G. Cole, Flemming, H. Myers and Jacobsen

 

Allowing mobile home tenants to hold forums for candidates for public office.

 

Referred to Committee on Labor and Commerce.

 

HB 1379          by Representatives R. Fisher, Schmidt, Jones, Brumsickle, Horn, Quall, Brown, Brough, Orr and Wood (by request of Department of Licensing)

 

Making housekeeping changes in various service programs of the department of licensing.

 

Referred to Committee on Transportation.

 

HB 1384          by Representatives Chandler, Hansen, Karahalios, Dorn, Brough and Foreman

 

Changing provisions relating to the permissibility of contracts between municipal officers and their spouses in cases where the spouse is a certificated or classified school district employee or a substitute teacher.

 

Referred to Committee on Education.

 

HB 1401          by Representatives Dunshee, Horn, R. Fisher and H. Myers

 

Describing when tax foreclosed property may be disposed of by private negotiations.

 

Referred to Committee on Government Operations.

 

SHB 1428       by House Committee on Energy and Utilities (originally sponsored by Representatives Grant, Casada, Finkbeiner, Long, King and Jacobsen)

 

Removing the expiration date and correcting references for the Washington telephone assistance program.

 

Referred to Committee on Energy and Utilities.

 

HB 1444          by Representatives Schmidt, Sheldon, Anderson, R. Fisher, Ballasiotes, Horn, Brough, Sheahan, Long, Campbell, Brumsickle, Ballard, Wood, Miller and Forner

 

Requiring identification for driver's licenses and identicards.

 

Referred to Committee on Transportation.

 

HB 1447          by Representatives Appelwick and Padden

 

Authorizing the filing of foreign judgments in district court.

 

Referred to Committee on Law and Justice.

 

SHB 1454       by House Committee on Commerce and Labor (originally sponsored by Representatives King, G. Cole, Horn, Foreman, R. Johnson, Sheahan, Chandler, Vance, Brough, Miller, Ballasiotes, Brumsickle, Wood, Van Luven, Springer, Silver, Cooke, Long, Dyer, Morton, Talcott and Sehlin)

 

Revising the definition of "acting in the course of employment."

 

Referred to Committee on Labor and Commerce.

 

HB 1460          by Representatives Zellinsky, Mielke and R. Meyers (by request of Department of Licensing)

 

Regulating investment advisory contracts.

 

Referred to Committee on Labor and Commerce.

 

ESHB 1461     by House Committee on Energy and Utilities (originally sponsored by Representatives Kremen, Miller, Jacobsen and Long)

 

Extending the prohibition on mandatory local measured service.

 

Referred to Committee on Energy and Utilities.

 

HB 1477          by Representatives Wood, Schmidt, R. Fisher, Mielke, Brumsickle, Ludwig, Casada and Shin

 

Creating a fuel tax exemption.

 

Referred to Committee on Transportation.

 

HB 1479          by Representatives G. Fisher, Foreman, Wang and Anderson (by request of Department of Revenue)

 

Modifying the uniform unclaimed property act.

 

Referred to Committee on Ways and Means.

 

EHB 1484       by Representatives King, Orr and Fuhrman (by request of Department of Wildlife)

 

Creating a wildlife violator compact.

 

Referred to Committee on Natural Resources.

 

EHB 1501       by Representatives Silver, Jacobsen, Ballasiotes, Brumsickle, Carlson, Mielke, Talcott, Dyer, Cooke, Hansen, Jones, Quall, Padden and Wood

 

Notifying students at public institutions of higher education of the amount their education is supported by the state.

 

Referred to Committee on Higher Education.

 

EHB 1510       by Representatives Romero, H. Myers, Edmondson and Bray

 

Concerning the issuance of charge cards to employees of municipal corporations and political subdivisions.

 

Referred to Committee on Government Operations.

 

ESHB 1552     by House Committee on Human Services (originally sponsored by Representatives Leonard, Sommers, Ogden, Riley, Talcott, Flemming, Silver, H. Myers, Thibaudeau, Padden, Karahalios, Johanson and Quall)

 

Modifying provisions regarding persons with developmental disabilities.

 

Referred to Committee on Health and Human Services.

 

HB 1557          by Representatives Forner, Appelwick, Jones and Karahalios (by request of Department of Social and Health Services)

 

Removing the expiration date for Washington state support registry employer reporting.

 

Referred to Committee on Law and Justice.

 

SHB 1582       by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky, Mielke, R. Meyers, Dellwo, Campbell, Dorn, Dyer and Basich)

 

Permitting certain transactions by insurance agent-brokers.

 

Referred to Committee on Labor and Commerce.

 

HB 1618          by Representatives Shin, Wood, Forner, Pruitt, Sheldon, Brough, Ballasiotes, Brumsickle, Carlson, Vance, Jones, Foreman, Padden, Fuhrman, Sheahan, Schoesler, Miller, Campbell, Casada, Long, Jacobsen, Stevens, Linville, Kremen, Silver, Finkbeiner, Morton, Talcott, Horn, Sehlin, Tate, Van Luven and Anderson

 

Terminating defunct boards, commissions, and committees.

 

Referred to Committee on Government Operations.

 

SHB 1707       by House Committee on Transportation (originally sponsored by Representatives R. Fisher, Schmidt, R. Meyers and Johanson) (by request of Utilities and Transportation Commission)

 

Regulating motor carriers.

 

Referred to Committee on Transportation.

 

HB 1735          by Representatives Anderson, Sommers, King and Silver (by request of Department of Retirement Systems)

 

Authorizing the department of retirement systems to be divided into three divisions.

 

Referred to Committee on Government Operations.

 

HB 1773          by Representatives Pruitt and R. Meyers

 

Adding certain miniature models to boiler regulation exemptions.

 

Referred to Committee on Labor and Commerce.

 

HB 1815          by Representatives Rust and Valle

 

Recodifying vessel operation provisions.

 

Referred to Committee on Ecology and Parks.

 

HB 1838          by Representatives R. Johnson, Mielke, R. Meyers, Rayburn, King, Kremen and Holm (by request of Insurance Commissioner)

 

Requiring minimum standards for benefits in medicare supplement insurance.

 

Referred to Committee on Labor and Commerce.

 

HB 1857          by Representatives Shin, Brumsickle, L. Johnson, Wood and Romero (by request of State Board for Community and Technical Colleges)

 

Changing travel expense provisions for prospective employees of institutions of higher education.

 

Referred to Committee on Higher Education.

 

HB 1867          by Representatives Anderson, Edmondson, Jacobsen, Rayburn and Thibaudeau

 

Designating the Washington park arboretum as an official state arboretum.

 

Referred to Committee on Ecology and Parks.

 

SHB 1915       by House Committee on Local Government (originally sponsored by Representatives Patterson, H. Myers, Brough and Valle)

 

Allowing less restrictive easements concerning aircraft noise.

 

Referred to Committee on Government Operations.

 

HB 1929          by Representatives R. Fisher, Chappell, Springer, Quall and Johanson

 

Adjusting requirements for regional transportation planning organizations.

 

Referred to Committee on Transportation.

 

HJM 4007       by Representatives Bray, Ludwig, Lisk, Grant, Mastin and Rayburn

 

Petitioning Congress and the Secretary of Energy to name the Hanford and Lands Ecology Reserve after Richard Fitzner and Les Eberhardt.

 

Referred to Committee on Energy and Utilities.

 

HJR 4201        by Representatives Ludwig, Padden, Appelwick, Foreman and Johanson

 

Amending the Constitution to provide that superior courts and district courts have concurrent jurisdiction in cases in equity.

 

Referred to Committee on Law and Justice.


SECOND READING

GUBERNATORIAL APPOINTMENT


MOTION


     On motion of Senator Haugen, Gubernatorial Appointment No. 9261, Cindy Zehnder, as a member of the Personnel Board, was confirmed


APPOINTMENT OF CINDY ZEHNDER


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 1; Absent, 0; Excused, 7.

     Voting yea: Senators Amondson, Barr, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams and Winsley - 41.

     Voting nay: Senator West - 1.

     Excused: Senators Anderson, Bauer, Cantu, McDonald, Pelz, Smith, L. and Wojahn - 7.


SECOND READING


     SENATE BILL NO. 5219, by Senators M. Rasmussen, Newhouse and Barr

 

Modifying provisions regarding the Washington wine commission.


MOTIONS


     On motion of Senator Rasmussen, Substitute Senate Bill No. 5219 was substituted for Senate Bill No. 5219 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. 5219 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. 5219.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5219 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, Vognild, von Reichbauer, West, Williams and Winsley - 48.

     Excused: Senator Wojahn - 1.

     SUBSTITUTE SENATE BILL NO. 5219, 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. 5523, by Senators Barr, Snyder and Prince

 

Expanding authority for appointment of district court judges pro tem.


     The bill was read the second time.


MOTION


     On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 5523 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. 5523.


ROLL CALL


     The Secretary called the roll on the final passage of Senate Bill No. 5523 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, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 46.

     Voting nay: Senators Niemi and Quigley - 2.

     Excused: Senator Wojahn - 1.

     SENATE BILL NO. 5523, 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. 5759, by Senators McAuliffe, Prentice, Skratek, Loveland, von Reichbauer, Haugen, Prince, McDonald, Drew, Owen, Moyer, Erwin, Winsley, Anderson and M. Rasmussen

 

Extending the involuntary treatment act to cover the commitment of chemically dependent adults.


     The bill was read the second time.


MOTION


     On motion of Senator Talmadge, the rules were suspended, Senate Bill No. 5759 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. 5759.


ROLL CALL


     The Secretary called the roll on the final passage of Senate Bill No. 5759 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, 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 Winsley - 47.

     Voting nay: Senator Niemi - 1.

     Excused: Senator Wojahn - 1.

     SENATE BILL NO. 5759, 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. 5054, by Senators A. Smith, Winsley and Erwin

 

Requiring the sellers of sports memorabilia to authenticate the merchandise.


MOTIONS


     On motion of Senator Adam Smith, Substitute Senate Bill No. 5054 was substituted for Senate Bill No. 5054 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Adam Smith, the following amendment was adopted:

     On page 4, after line 19, insert the following:

     "NEW SECTION. Sec. 8. This act shall take effect July 1, 1995."


MOTIONS


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

     On page 1, line 2 of the title, after "RCW;" strike "and prescribing penalties" and insert "prescribing penalties; and providing an effective date"

     On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 5054 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. 5054.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5054 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 15; Absent, 0; Excused, 1.

     Voting yea: Senators Amondson, Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams and Winsley - 33.

     Voting nay: Senators Anderson, Barr, Bluechel, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach and West - 15.

     Excused: Senator Wojahn - 1.

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5054, 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. 5430, by Senators Fraser, Bluechel, Pelz, Prentice, Moore, Prince, Moyer, Skratek and Deccio

 

Commemorating the thirtieth anniversary of Washington's sister-state relationship with Hyogo prefecture.


MOTIONS


     On motion of Senator Haugen, Substitute Senate Bill No. 5430 was substituted for Senate Bill No. 5430 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. 5430 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. 5430.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5430 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 1; Excused, 1.

     Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 44.

     Voting nay: Senators Anderson, Oke and Quigley - 3.

     Absent: Senator Franklin - 1.

     Excused: Senator Wojahn - 1.

     SUBSTITUTE SENATE BILL NO. 5430, 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 Oke, Senator Winsley was excused.


SECOND READING


     SENATE BILL NO. 5381, by Senators Vognild, Newhouse, Deccio, Hochstatter, Sellar and Erwin

 

Extending periods for overheight load permits.


     The bill was read the second time.


MOTION


     On motion of Senator Vognild, the rules were suspended, Senate Bill No. 5381 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. 5381.


ROLL CALL


     The Secretary called the roll on the final passage of Senate Bill No. 5381 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, Talmadge, Vognild, von Reichbauer, West and Williams - 47.

     Excused: Senators Winsley and Wojahn - 2.

     SENATE BILL NO. 5381, 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 Oke, Senator Barr was excused.


SECOND READING


     SENATE BILL NO. 5612, by Senators Erwin, Skratek, Prentice, von Reichbauer, M. Rasmussen, Nelson, Sellar, Vognild, Winsley, Hochstatter, Barr and Oke

 

Adding a public member to the transportation improvement board.


MOTIONS


     On motion of Senator Erwin, Substitute Senate Bill No. 5612 was substituted for Senate Bill No. 5612 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Erwin, the rules were suspended, Substitute Senate Bill No. 5612 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. 5612.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5612 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, 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 and Williams - 46.

     Excused: Senators Barr, Winsley and Wojahn - 3.

     SUBSTITUTE SENATE BILL NO. 5612, 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 9:54 a.m., on motion of Senator Jesernig, the Senate was declared to be at ease.


     The Senate was called to order at 12:02 p.m. by President Pritchard.


MOTION


     At 12:02 p.m., on motion of Senator Jesernig, the Senate recessed until 1:00 p.m.


     The Senate was called to order at 1:06 p.m. by President Pritchard.


SECOND READING


     SENATE BILL NO. 5285, by Senators Gaspard, Moore and von Reichbauer

 

Enlarging the state investment board.


MOTIONS


     On motion of Senator Moore, Substitute Senate Bill No. 5285 was substituted for Senate Bill No. 5285 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Gaspard, the following amendment was adopted:

     On page 2, beginning on line 10, strike all material down to and including "senate." on line 15, and insert the following:

     "(5) ((A)) Two members of the state house of representatives((. This member shall be)) appointed by the speaker of the house of representatives, one from each of the majority and minority parties.

     (6) ((A)) Two members of the state senate((. This member shall be)) appointed by the president of the senate, one from each of the majority and minority parties."


MOTION


     On motion of Senator Moore, the rules were suspended, Engrossed Substitute Senate Bill No. 5285 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.


MOTION


     On motion of Senator Oke, Senator Prince was excused.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5285.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5285 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, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 47.

     Excused: Senators Prince and Wojahn - 2.

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5285, 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. 5135, by Senators Talmadge and McCaslin

 

Establishing requirements for ballot titles for referenda.


MOTIONS


     On motion of Senator Haugen, Substitute Senate Bill No. 5135 was substituted for Senate Bill No. 5135 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. 5135 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. 5135.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5135 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, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 47.

     Excused: Senators Prince and Wojahn - 2.

     SUBSTITUTE SENATE BILL NO. 5135, 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. 5230, by Senators Hargrove, Anderson, Roach, Snyder, M. Rasmussen, Haugen, Jesernig, Deccio and Oke

 

Extending growth management deadlines.


MOTIONS


     On motion of Senator Haugen, Substitute Senate Bill No. 5230 was substituted for Senate Bill No. 5230 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Haugen, the following amendment was adopted:

     On page 8, line 35, after the colon, strike the remainder of the section and insert the following:

     "The governor may impose upon any county that is required or that chooses to plan under RCW 35.70A.040 a sanction or sanctions specified under RCW 36.70A.340 on: (1) A county or city that fails to designate critical areas, agricultural lands, forest lands, or mineral resource lands under RCW 36.70A.170 by the date such action was required to have been taken; (2) a county or city that fails to adopt development regulations under RCW 36.70A.060 protecting critical areas or conserving agricultural lands; (3) a county that fails to designate urban growth areas under RCW 36.70A.110 by the date such action was required to have been taken; and (4) a county or city that fails to adopt its comprehensive plan or development regulations when such actions are required to be taken.

     Imposition of sanctions under this section shall be preceded by written findings by the governor that the county or city is not proceeding in good faith to meet the requirements of the act and that adequate state funding has been provided to the county or city to accomplish the goals of the act."


MOTION


     On motion of Senator Jesernig, further consideration of Substitute Senate Bill No. 5230 was deferred.


SECOND READING


     SENATE BILL NO. 5839, by Senators Cantu, Drew, Haugen and Winsley

 

Providing consolidated mail service for state agencies.


MOTIONS


     On motion of Senator Haugen, Substitute Senate Bill No. 5839 was substituted for Senate Bill No. 5839 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Cantu, the rules were suspended, Substitute Senate Bill No. 5839 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. 5839.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5839 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, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 47.

     Excused: Senators Prince and Wojahn - 2.

     SUBSTITUTE SENATE BILL NO. 5839, 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. 5362, by Senators A. Smith, Niemi, Pelz, Spanel and Quigley

 

Requiring full disclosure of civil court proceedings relating to public hazards.


     The bill was read the second time.


MOTIONS


     On motion of Senator Adam Smith, the following amendment by Senators Adam Smith and Hargrove was adopted:

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. A new section is added to chapter 4.24 RCW to read as follows:

     (1) As used in this section, "public hazard" means an instrumentality, including but not limited to any device, instrument, procedure, product, or a condition of a device, instrument, procedure, or product, that:

     (a) Presents a real and substantial potential for repetition of the harm inflicted; or

     (b) Involves a single incident which affected or was likely to affect many people.

     As used in this section, the term "procedure" does not include acts or procedures by licensed professionals acting within the scope of their licenses.

     (2) Except as provided in this section, no court shall enter an order or judgment which has the purpose or effect of concealing a public hazard or any relevant information or material concerning a public hazard, nor shall the court enter an order or judgment that has the purpose or effect of concealing any information or material that is relevant to the public's knowledge or understanding of a public hazard.

     (3) Any portion of an agreement or contract that has the purpose or effect of concealing a public hazard, relevant information or material concerning a public hazard, or information or material that is relevant to the public's knowledge or understanding of a public hazard, is void, contrary to public policy, and may not be enforced. A party to the agreement or contract may bring a declaratory action pursuant to this section to determine whether an agreement or contract conceals a public hazard and is void.

     (4)(a) In any declaratory or other civil action, a party may bring a motion for a temporary order restraining disclosure to the public or to third parties information or material about the party making the motion which is known to another party or which is sought from the party making the motion by another party. Upon good cause shown the court shall examine in camera the information or material sought to be protected. The court may in the court's discretion issue a temporary order restraining a party or parties from disseminating the protected information or material to the public or third parties. The temporary order shall terminate upon the entry of a final order or judgment or a dismissal of the action.

     (b) In any final order or judgment entered in any declaratory or other civil action, if the court finds that all or portions of the information or material sought to be protected is relevant to the public's knowledge or understanding of a public hazard, the court shall provide for disclosure of the information or material. If the court finds that all or a portion of the information or material sought to be protected is not relevant to the public's knowledge or understanding of the public hazard, the court shall require the information to be sealed and may include in the final order or judgment provisions restraining any or all parties from disclosing the information which is protected.

     (5)(a) Any third party, including but not limited to representatives of news media, has standing to contest a motion, order, judgment, agreement, or contract that allegedly conceals a public hazard. The third party may challenge the motion by intervention during the court action or the third party may bring a declaratory action pursuant to this section to determine whether the agreement, contract, order, or judgment conceals a public hazard.

     (b) The third party must (i) establish the existence of a public hazard; (ii) establish that the public hazard was a subject within the agreement, contract, order, or judgment; and (iii) establish a basis for a reasonable belief by the third party that the agreement, contract, order, or judgment concealed the public hazard in violation of sections 1 through 3 of this act.

     (c) If the court finds that the third party has met the requirements of (b) of this subsection, the court shall order the defendant to produce the information or material for an in camera review by the court. The court shall determine whether the information or material protected under the agreement, contract, order, or judgment conceals a public hazard in violation of sections 1 through 3 of this act. Upon review, the court shall issue an order regarding dissemination of the information or material in accordance with subsection (4)(b) of this section.

     (d) The court may award reasonable attorneys' fees and actual costs to the prevailing party in an action under this subsection (5).

     NEW SECTION. Sec. 2. A new section is added to chapter 4.24 RCW to read as follows:

     Any person who violates an order either publishing or sealing information or material issued under sections 1 through 3 of this act, shall be in contempt of court. The court shall award attorneys' fees and costs incurred in enforcing the order plus actual damages against the party who violated the order.

     NEW SECTION. Sec. 3. A new section is added to chapter 4.24 RCW to read as follows:

     Any party who attempts to condition an agreement or contract upon another party's agreement to conceal an instrumentality that the party knows or reasonably should have known is a public hazard or any party who enters into an agreement or contract that conceals an instrumentality that the party knows or reasonably should have known is a public hazard shall be in violation of the consumer protection act, chapter 19.86 RCW. If the party is engaged in the business of insurance then the party shall also be in violation of RCW 48.30.010.

     NEW SECTION. Sec. 4. This act shall apply to all agreements, contracts, orders, and judgments entered on or after the effective date of this act.

     NEW SECTION. Sec. 5. A new section is added to chapter 4.16 RCW to read as follows:

     An action for declaratory relief or other civil action brought pursuant to sections 1 through 3 of this act to determine whether an agreement, contract, order, or judgment conceals a public hazard in violation of sections 1 through 3 of this act must be brought within three years of entry of the order or judgment or three years from the date the parties entered into the agreement or contract.

     NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993."


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

     On page 1, line 2 of the title, after "hazards;" strike the remainder of the title and insert "adding new sections to chapter 4.24 RCW; adding a new section to chapter 4.16 RCW; creating a new section; providing an effective date; and declaring an emergency."


MOTION


     On motion of Senator Adam Smith, the rules were suspended, Engrossed Senate Bill No. 5362 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


     On motion of Senator Oke, Senator Barr was excused.


POINT OF INQUIRY


     Senator Nelson: "Senator Smith, in dealing with this subject matter, we've oftentimes talked about Civil Rule 26 that covers the same type of procedure where the plaintiff attorney and the defense attorney agree to a motion to the judge to seal a portion or all of a record involved in a liability lawsuit of one sort or another. To what extent now does this bill, as amended, Senate Bill No. 5362, affect Civil Rule 26, in so far, as being either complementary or actually overturning Civil Rule 26 that we have in our judiciary?"

     Senator Adam Smith: "I think it adds something to Civil Rule 26. First of all, Civil Rule 26 only has to do with the process of discovery. During the course of discovery, the judge can determine what can be sealed. This law has to do with a situation when the lawsuit is settled and what can be sealed at that point. Simply, it adds, I guess, the discovery rule with the notion that--I guess it can be concealed during the course of discovery. It doesn't change Rule 26 at all in that respect. When you get to an actual settlement, this says that the judge can't seal it for a public hazard. So, it is really a different issue, but one way of looking at it is it makes it clear to the judge that one of the factors that he must consider in determining whether or not to seal a record is whether or not it would seal public hazard, in essence."

     Senator Nelson: "So, I am led to believe that this is discretionary in some fashion with the judge as to whether or not it, in the judge's opinion, the lawsuit involves a public hazard to be now set aside and to not conform to Rule 26, as to what might be agreed upon between the plaintiff attorney and the defense attorney?"

     Senator Adam Smith: "That is correct. We have a definition of public hazard in there that the judge is supposed to follow. As I mentioned, Rule 26 really covers a different part of the lawsuit."

     Further debate ensued.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5362.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5362 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 22; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Jesernig, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild and Williams - 25.

     Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Haugen, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 22.

     Excused: Senators Barr and Wojahn - 2.

     ENGROSSED SENATE BILL NO. 5362, 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. 5256, by Senators Sutherland, McCaslin and Erwin

 

Restricting the use of city or town facilities to advocate for or against an annexation.


MOTIONS


     On motion of Senator Haugen, Substitute Senate Bill No. 5256 was substituted for Senate Bill No. 5256 and the substitute bill was placed on second reading and read the second time.

     Senator West moved that the following amendments by Senators West and McCaslin be considered simultaneously and be adopted:

     On page 1, line 9, after "prohibit" insert "agreements waiving the right to oppose future annexation of a person's property and to prohibit"

     On page 2, after line 22, insert the following:

     "NEW SECTION. Sec. 4. A new section is added to chapter 35.13 RCW to read as follows:

     A city or town may not require any utility customer outside the limits of the city or town to agree to waive the right to oppose future annexation of the person's property as a condition of receiving utility service from the city or town.

     NEW SECTION. Sec. 5. A new section is added to chapter 35A.14 RCW to read as follows:

     A code city may not require any utility customer outside the limits of the city to agree to waive the right to oppose future annexation of the person's property as a condition of receiving utility service from the city."

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the amendments by Senators West and McCaslin on page 1, line 9, and page 2, after line 22, to Substitute Senate Bill No. 5256.

     The motion by Senator West failed and the amendments were not adopted on a rising vote.


MOTION

 

     Senator Haugen moved that the rules be suspended and Substitute Senate Bill No. 5256 be advanced to third reading, the second reading considered the third and the bill be placed on final passage.

     Senator West objected to suspending the rules and advancing Substitute Senate Bill No. 5256 to third reading and final passage.

     The President declared the question before the Senate to be the motion by Senator Haugen to suspend the rules and advance Substitute Senate Bill No. 5256 to third reading and final passage.

     The motion by Senator Haugen carried and Substitute Senate Bill No. 5256 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.


MOTION


     On motion of Senator Spanel, Senator Moore was excused.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5256.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5256 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, 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 Winsley - 45.

     Voting nay: Senator Bauer - 1.

     Excused: Senators Barr, Moore and Wojahn - 3.

     SUBSTITUTE SENATE BILL NO. 5256, 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. 5645, by Senators Spanel and Fraser

 

Restricting property divisions.


     The bill was read the second time.


MOTION


     On motion of Senator Drew, the rules were suspended, Senate Bill No. 5645 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. 5645.


ROLL CALL


     The Secretary called the roll on the final passage of Senate Bill No. 5645 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 14; Absent, 0; Excused, 2.

     Voting yea: Senators Amondson, Bauer, Cantu, Drew, Franklin, Fraser, Gaspard, Haugen, Jesernig, Loveland, McAuliffe, Moore, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams and Winsley - 33.

     Voting nay: Senators Anderson, Bluechel, Deccio, Erwin, Hargrove, Hochstatter, McCaslin, McDonald, Moyer, Oke, Roach, Sellar, Smith, L. and West - 14.

     Excused: Senators Barr and Wojahn - 2.

     SENATE BILL NO. 5645, 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 Substitute Senate Bill No. 5230, deferred earlier today.


MOTION


     Senator McCaslin moved that the following amendment by Senators McCaslin and Amondson be adopted:

     On page 2, line 9, after "criteria." insert "In determining population levels or population increases under this subsection, inmates in state correctional institutions and uniformed military personnel assigned to military installations located within the county shall not be counted."

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the amendment by Senators McCaslin and Amondson on page 2, line 9, to Substitute Senate Bill No. 5230.

     The motion by Senator McCaslin failed and the amendment was not adopted on a rising vote.


MOTION


     Senator Erwin moved that the following amendment be adopted:

     On page 6, line 11, after "Sec. 4." insert the following:

     "Sec. 5. RCW 36.70A.140 and 1990 1st ex.s. c 17 s 14 are each amended to read as follows:

     Each county and city that is required or chooses to plan under RCW 36.70A.040 shall establish procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, ((and)) consideration of and response to public comments, and prior to submission of a comprehensive plan under RCW 36.70A.106, approval at a general or special election of the proposed comprehensive plan by a simple majority of voters. Errors in exact compliance with the established procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the procedures is observed."

     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 Erwin on page 6, line 11, to Substitute Senate Bill No. 5230.

     The motion by Senator Erwin failed and the amendment was not adopted.


MOTION


     Senator Erwin moved that the following amendment be adopted: 

     On page 10, after line 20, insert the following:

     "NEW SECTION. Sec. 7. A new section is added to chapter 36.70A RCW to read as follows:

     (1) The legislature finds that the department has, after extensive study, determined that integrating the review process mandated under the state environmental policy act and the comprehensive plan requirements under the growth management act would result in numerous benefits, including: (a) Saving time and money by combining analyses, documents, public meetings, hearings, and other public participation; (b) furthering the state environmental policy act's goal of conducting environmental review early in the decision-making process; (c) creating opportunities for broader, earlier, and continuous public participation; and (d) expediting the approval of specific projects because land-use alternatives, cumulative impacts, and the existing environment will have already been considered.

     (2) By the deadline for adoption of comprehensive plans, counties and cities planning under this chapter shall, according to rules adopted by the department, integrate development of comprehensive plans under this chapter with the review process mandated under chapter 43.21C RCW.

     (3) The department shall adopt rules necessary to implement this section."

     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 Erwin on page 10, after line 20, to Substitute Senate Bill No. 5230.

     The motion by Senator Erwin failed and the amendment was not adopted.


MOTION


     Senator McCaslin moved that the following amendment by Senators McCaslin, Anderson and Amondson be adopted:

     On page 10, after line 20, insert the following:

     "NEW SECTION. Sec. 7. It is the intent of the legislature to provide property owners with a timely opportunity to participate in the regulatory decisions affecting their property insofar as designations of wetlands exist. It is not the intent of the legislature to provide any new legal theory of recovery or remedy for persons on whose property a wetland is located and no theory or remedy is created by section 8 of this act.

     NEW SECTION. Sec. 8. A new section is added to chapter 36.70A RCW to read as follows:

     (1) Whenever any county or city, under the provisions of this chapter or any other authority, proposes designation of an area as a wetland and has determined the parcel, tract, lot, or block on which the wetland is located, the county or city shall notify the owner of record of the proposal. The notification shall include all information concerning the proposal which can reasonably be ascertained including, but not limited to (a) whether the wetland has been assigned a proposed classification and, if so, what the proposed classification is; (b) the size and approximate location of the wetland; (c) the listing of animal and plant specie which are located on the wetland; and (d) any other data the county or city deems necessary or appropriate.

     The notification to the owner shall be by first class mail, return receipt requested.

     (2) When notice is required under subsection (1) of this section, the county or city shall also notify by first class mail the owner of record of any parcel, tract, lot, or block which is contiguous to the parcel, tract, lot, or block on which the proposed wetland is located. All notices required by this subsection shall be mailed simultaneously with the notice to the owner of record of the property on which the proposed wetland is located.

     (3) No final determination regarding a wetland designation, or a classification of a wetland may be made by any county or city less than sixty days after mailing of the notices required by this section.

     (4) Failure of a county or city to provide notice required by this section may be considered in any action brought in which the existence, character, or nature of a wetland is an issue but failure to provide notice is not the basis for a determination by any agency or court that a wetland does not exist on a parcel."

     Renumber the remaining sections consecutively and correct any internal references accordingly.


POINT OF ORDER


     Senator Skratek: "A point of order, Mr. President. I challenge this amendment on a scope basis. The underlying bill in this particular situation refers to growth management deadlines. It is simply an extension of the various deadlines as appealed to us by the bodies that have to prepare these particular acts. The amendment addresses an issue totally unrelated to that, which is the issue of wetlands. Wetlands has nothing to do with the extension of the deadlines. It is a very difficult issue to address. It is expensive in establishing the record, etc. It is an issue that has been before this body in several other forms and has been subject to debate, but it is not appropriate to be included within a bill for deadlines."

     Further debate ensued.


MOTION


     On motion of Senator Jesernig, further consideration of Substitute Senate Bill No. 5230 was deferred.


SECOND READING


     SENATE BILL NO. 5025, by Senator Owen

 

Clarifying forest fire fighting duties.


MOTIONS


     On motion of Senator Owen, Substitute Senate Bill No. 5025 was substituted for Senate Bill No. 5025 and the substitute bill was placed on second reading and read the second time.

     Senator Owen moved that the rules be suspended and Substitute Senate Bill No. 5025 be advanced to third reading, the second reading considered the third and the bill be 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. 5025.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5025 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.

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

     Voting nay: Senators Barr, Niemi, Prince, Sellar and Talmadge - 5.

     Excused: Senator Wojahn - 1.

     SUBSTITUTE SENATE BILL NO. 5025, 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 2:43 p.m., on motion of Senator Jesernig, the Senate recessed until 3:45 p.m.


     The Senate was called to order at 4:13 p.m. by President Pritchard.

     There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5230 and the pending amendment by Senators McCaslin, Anderson and Amondson on page 10, after line 20, deferred earlier today.


RULING BY THE PRESIDENT


     President Pritchard: "In ruling upon the point of order raised by Senator Skratek, the President finds that Substitute Senate Bill No. 5230 is a measure which extends certain deadlines for compliance with provisions of the State Growth Management Act.

     "The amendment proposed by Senators McCaslin, Anderson and Amondson would provide that certain property owners be notified of proposals to designate lands as wetlands and outline the procedures for such notification.

     "The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."


     The amendment by Senators McCaslin, Anderson and Amondson on page 10, after line 20, to Substitute Senate Bill No. 5230 was ruled out of order.


MOTION


     Senator McCaslin moved that the following amendment by Senators McCaslin and Amondson be adopted:

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. A new section is added to chapter 36.70A RCW to read as follows:

     This chapter shall not apply to any city, town, or county that has not complied with, or not been required to comply with, any deadline provided in RCW 36.70A.040 as of the effective date of this act.

     NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the striking amendment by Senators McCaslin and Amondson to Substitute Senate Bill No. 5230.

     The motion by Senator McCaslin failed and the amendment was not adopted.



MOTION


     On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5230 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. 5230.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5230 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, Vognild, von Reichbauer, West, Williams and Winsley - 48.

     Excused: Senator Wojahn - 1.

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5230, 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. 5584, by Senators Franklin, Winsley, McAuliffe, Skratek, M. Rasmussen, Hargrove, Wojahn, Niemi, Drew and Pelz

 

Creating the Washington housing policy act.


     The bill was read the second time.


MOTION


     Senator Amondson moved that the following amendment by Senators Amondson, Moyer, Bluechel, Nelson, McDonald and Cantu be adopted:

     On page 3, line 12 after "act" insert "; and

     (10) Develop recommendations for removing regulatory barriers to increasing the supply of housing by undertaking a comprehensive review of existing state and local regulations and administrative procedures which impact the provision of housing"

     Renumber the remaining sections consecutively and correct any internal references accordingly.

     The President declared the question before the Senate to be the adoption of the amendment by Senators Amondson, Moyer, Bluechel, Nelson, McDonald and Cantu on page 3, line 12, to Senate Bill No. 5584.

     The motion by Senator Amondson failed and the amendment was not adopted on a rising vote.


MOTION


     On motion of Senator Moore, the rules were suspended, Senate Bill No. 5584 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. 5584.


ROLL CALL


     The Secretary called the roll on the final passage of Senate Bill No. 5584 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 1; Excused, 1.

     Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 42.

     Voting nay: Senators Cantu, Hochstatter, McCaslin, McDonald and Smith, L. - 5.

     Absent: Senator Barr - 1.

     Excused: Senator Wojahn - 1.

     SENATE BILL NO. 5584, 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. 5407, by Senators Loveland, Barr and M. Rasmussen

 

Regarding county administration of agricultural burning permits.


MOTIONS


     On motion of Senator Fraser, Substitute Senate Bill No. 5407 was substituted for Senate Bill No. 5407 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. 5407 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. 5407.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5407 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, Vognild, von Reichbauer, West, Williams and Winsley - 48.

     Excused: Senator Wojahn - 1.

     SUBSTITUTE SENATE BILL NO. 5407, 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. 5352, by Senators Newhouse, Spanel, Moore, Bauer and Winsley (by request of Joint Committee on Pension Policy)

 

Specifying how payments based on retirement agreements shall affect calculation of pension benefits.


     The bill was read the second time.


MOTION


     On motion of Senator Rinehart, the rules were suspended, Senate Bill No. 5352 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. 5352.


ROLL CALL


     The Secretary called the roll on the final passage of Senate Bill No. 5352 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, Vognild, von Reichbauer, West, Williams and Winsley - 48.

     Excused: Senator Wojahn - 1.

     SENATE BILL NO. 5352, 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. 5432, by Senators Pelz, Prentice, Moore, Franklin, Bauer, Wojahn, Fraser and Skratek

 

Studying discrimination based on race and national origin in home mortgage lending.


MOTIONS


     On motion of Senator Pelz, Substitute Senate Bill No. 5432 was substituted for Senate Bill No. 5432 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Pelz, the rules were suspended, Substitute Senate Bill No. 5432 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. 5432.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5432 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, Vognild, von Reichbauer, West, Williams and Winsley - 48.

     Excused: Senator Wojahn - 1.

     SUBSTITUTE SENATE BILL NO. 5432, 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. 5837, by Senators Quigley, Moore, Pelz, A. Smith, Prentice, Bauer, Hargrove, Sheldon, Erwin, Niemi, Jesernig and Talmadge

 

Financing state and local government.


MOTIONS


     On motion of Senator Drew, Substitute Senate Bill No. 5837 was substituted for Senate Bill No. 5837 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. 5837 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. 5837.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5837 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; 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, 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 Winsley - 47.

     Voting nay: Senator Anderson - 1.

     Excused: Senator Wojahn - 1.

     SUBSTITUTE SENATE BILL NO. 5837, 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 Oke, Senator Roach was excused.


SECOND READING


     SENATE BILL NO. 5937, by Senators Quigley, Snyder, Gaspard, von Reichbauer, Vognild, A. Smith, Rinehart, McAuliffe, Drew, Hargrove, Sheldon, Loveland, Haugen, Erwin, Sutherland, Jesernig, Skratek, Spanel, Niemi, Roach, Hochstatter and Deccio

 

Including certain indebtedness in the calculation of the seven percent debt limitation.


MOTIONS


     On motion of Senator Rinehart, Substitute Senate Bill No. 5937 was substituted for Senate Bill No. 5937 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Rinehart, the rules were suspended, Substitute Senate Bill No. 5937 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. 5937.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5937 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 10; Absent, 0; Excused, 2.

     Voting yea: Senators Amondson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rinehart, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer and Williams - 37.

     Voting nay: Senators Anderson, Barr, Bluechel, Hochstatter, McCaslin, McDonald, Pelz, Rasmussen, M., West and Winsley - 10.

     Excused: Senators Roach and Wojahn - 2.

     SUBSTITUTE SENATE BILL NO. 5937, 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 advanced the Senate to the eighth order of business.


MOTION


     On motion of Senator McCaslin, the following resolution was adopted:


SENATE RESOLUTION 1993-8618


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


     WHEREAS, John Rico joined the Washington State Senate as Chief of Staff of the Senate Republican Caucus in May of 1985; and

     WHEREAS, John has ably assisted the Senators of the Republican Caucus in conducting the state's business during each year's legislative session with an inimitable blend of calm, gentle prodding and counsel; and

     WHEREAS, John Rico has worked hard to create an atmosphere of professionalism among the staff of the Senate Republican Caucus; and

     WHEREAS, John has been a driving force in cultivating pride of excellent workmanship within the Senate Republican Caucus Staff; and

     WHEREAS, John has freely shared his wisdom, wit and charm with staff and Senators from both sides of the political aisle; and

     WHEREAS, John's unique sense of humor has made working with him a great pleasure; and

     WHEREAS, John Rico's considerable victories in the political arena pale by comparison to the fight he has been engaged in since learning he must battle the AIDS virus; and

     WHEREAS, The members and staff who have had the pleasure of working with John admire him all the more for the dignity and courage he has shown in the face of this greatest of personal challenges;

     NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby express our heartfelt gratitude to John Rico for all that he has contributed to this institution, its members and staff; and

     BE IT FURTHER RESOLVED, That with great respect and admiration the members of the Senate, on behalf of the staff and former members who have worked with you, wish you comfort and strength in your battle against AIDS; and

     BE IT FURTHER RESOLVED, That copies of this resolution be transmitted by the Secretary of the Senate to John Rico and Mrs. Pat Rico.


     Senators McCaslin, Franklin, Gaspard and Sellar spoke to Senate Resolution 1993-8618.


MOTION


     At 5:10 p.m., on motion of Senator Jesernig, the Senate adjourned until 9:00 a.m., Thursday, March 11, 1993.


JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate