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EIGHTY-FIRST DAY

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EVENING SESSION

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Senate Chamber, Olympia, Thursday, April 1, 1993

The Senate was called to order at 5:30 p.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Anderson, Erwin, Fraser, Moore, Niemi, Quigley, Linda Smith, Vognild and von Reichbauer. On motion of Senator Oke, Senators Anderson, Erwin, Linda Smith and von Reichbauer were excused. On motion of Senator Spanel, Senators Fraser, Moore, Niemi, Quigley and Vognild were excused.

The Sergeant at Arms Color Guard, consisting of Pages Dece Todd and Trevor Fingey, presented the Colors. Reverend Art Voltz, pastor of the Lacey Baptist Church, 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.

REPORTS OF STANDING COMMITTEES

March 30, 1993

SB 5963 Prime Sponsor, Senator Vognild: Providing for priority programming of multimodal solutions to address state highway deficiencies. Reported by Committee on Transportation

MAJORITY recommendation: That Substitute Senate Bill No. 5963 be substituted therefor, and the substitute bill do pass. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Barr, Drew, Haugen, Nelson, Oke, Prentice, Prince, M. Rasmussen, and Winsley.

Passed to Committee on Rules for second reading.

March 31, 1993

SB 5967 Prime Sponsor, Senator Rinehart: Implementing a comprehensive tax package. Reported by Committee on Ways and Means

MAJORITY recommendation: That Substitute Senate Bill No. 5967 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Gaspard, Hargrove, Niemi, Owen, Pelz, Snyder, Sutherland, Talmadge, Williams, and Wojahn.

HOLD.

March 31, 1993

SB 5968 Prime Sponsor, Senator Rinehart: Making appropriations. Reported by Committee on Ways and Means

MAJORITY recommendation: That Substitute Senate Bill No. 5968 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Gaspard, Hargrove, Niemi, Owen, Pelz, Quigley, Snyder, Sutherland, Talmadge, Williams, and Wojahn.

HOLD.

March 30, 1993

EHB 1007 Prime Sponsor, Representative R. Fisher: Enhancing state-wide transportation planning. Reported by Committee on Transportation

MAJORITY recommendation: Do pass as amended. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Barr, Drew, Haugen, Nelson, Oke, Prentice, Prince, M. Rasmussen, von Reichbauer, and Winsley.

Passed to Committee on Rules for second reading.

March 30, 1993

HB 1015 Prime Sponsor, Representative Appelwick: Adopting the Uniform Commercial Code article on leases. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass as amended. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, Nelson, Niemi, Roach, and Spanel.

Passed to Committee on Rules for second reading.

March 31, 1993

SHB 1047 Prime Sponsor, House Committee on Environmental Affairs: Requiring solid waste reports and landfill fee reciprocity on waste received from outside the state. Reported by Committee on Ecology and Parks

MAJORITY recommendation: Do pass as amended. Signed by Senators Fraser, Chairman; Moore, Sutherland, and Talmadge.

Passed to Committee on Rules for second reading.

March 30, 1993

ESHB 1059 Prime Sponsor, House Committee on Judiciary: Revising provisions relating to areas where weapons are restricted. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass as amended. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, Nelson, Niemi, and Spanel.

Passed to Committee on Rules for second reading.

March 30, 1993

SHB 1069 Prime Sponsor, House Committee on Judiciary: Providing for seizure of property involved in a felony. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass as amended. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, Nelson, Niemi, Roach, and Spanel.

Passed to Committee on Rules for second reading.

March 30, 1993

HB 1074 Prime Sponsor, Representative Ludwig: Regulating corporations. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass as amended. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, Niemi, and Spanel.

Passed to Committee on Rules for second reading.

March 31, 1993

ESHB 1085 Prime Sponsor, House Committee on Transportation: Authorizing institutions of higher education to develop and fund transportation demand management programs. Reported by Committee on Transportation

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

Passed to Committee on Rules for second reading.

March 31, 1993

EHB 1107 Prime Sponsor, Representative R. Fisher: Requiring yielding right of way to buses. Reported by Committee on Transportation

MAJORITY recommendation: Do pass as amended. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Skratek, Vice Chairman; Barr, Drew, Haugen, Nelson, Oke, Prentice, Prince, M. Rasmussen, Sheldon, von Reichbauer, and Winsley.

Passed to Committee on Rules for second reading.

March 30, 1993

EHB 1110 Prime Sponsor, Representative Vance: Prescribing treatment for sexually aggressive youth. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass as amended. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, Nelson, Niemi, Roach, and Spanel.

Passed to Committee on Rules for second reading.

March 31, 1993

ESHB 1127 Prime Sponsor, House Committee on Transportation: Controlling vehicle tax or license fee evasion. Reported by Committee on Transportation

MAJORITY recommendation: Do pass as amended. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Skratek, Vice Chairman; Drew, Haugen, Nelson, Oke, Prentice, Prince, M. Rasmussen, Sheldon, von Reichbauer, and Winsley.

Passed to Committee on Rules for second reading.

March 30, 1993

SHB 1129 Prime Sponsor, House Committee on Transportation: Limiting commercial motor vehicle inspections. Reported by Committee on Transportation

Passed to Committee on Rules for second reading.

April 1, 1993

SHB 1156 Prime Sponsor, House Committee on Local Government: Transferring county sheriff's office employees. Reported by Committee on Government Operations

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

Passed to Committee on Rules for second reading.

March 29, 1993

SHB 1183 Prime Sponsor, House Committee on Judiciary: Making it a crime for a person under age twenty-one to be under the influence of intoxicating liquor or drugs in public. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass as amended. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, Nelson, and Spanel.

Passed to Committee on Rules for second reading.

April 1, 1993

SHB 1190 Prime Sponsor, House Committee on State Government: Providing for voter registration by affidavit. Reported by Committee on Government Operations

MAJORITY recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, Oke, and Winsley.

Referred to Committee on Ways and Means.

March 30, 1993

ESHB 1259 Prime Sponsor, House Committee on Judiciary: Allowing for the destruction of forfeited firearms. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass as amended. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, Nelson, Spanel, and Niemi.

Passed to Committee on Rules for second reading.

March 30, 1993

HB 1263 Prime Sponsor, Representative R. Fisher: Specifying testing for state patrol promotion. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Barr, Drew, Haugen, Nelson, Oke, Prentice, Prince, M. Rasmussen, von Reichbauer, and Winsley.

Passed to Committee on Rules for second reading.

March 31, 1993

ESHB 1307 Prime Sponsor, House Committee on Trade, Economic Development and Housing: Reauthorizing and modifying the Washington service corps. Reported by Committee on Trade, Technology and Economic Development

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

Referred to Committee on Ways and Means.

March 30, 1993

SHB 1343 Prime Sponsor, House Committee on Corrections: Allowing the reduction in sentences of battered women convicted of murder prior to July 23, 1989. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Roach, and Spanel.

Passed to Committee on Rules for second reading.

March 31, 1993

HB 1355 Prime Sponsor, Representative R. Fisher: Increasing nonvoter-approved debt limit for metropolitan park districts. Reported by Committee on Government Operations

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

Passed to Committee on Rules for second reading.

March 29, 1993

HB 1379 Prime Sponsor, Representative R. Fisher: Making housekeeping changes in various service programs of the department of licensing. Reported by Committee on Transportation

MAJORITY recommendation: Do pass as amended. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Skratek, Vice Chairman; Barr, Drew, Haugen, Nelson, Prentice, Prince, M. Rasmussen, Sheldon, von Reichbauer, and Winsley.

Passed to Committee on Rules for second reading.

April 1, 1993

SHB 1389 Prime Sponsor, House Committee on Corrections: Changing provisions relating to work crews. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Rinehart, Roach, and Spanel.

Passed to Committee on Rules for second reading.

March 30, 1993

ESHB 1408 Prime Sponsor, House Committee on Human Services: Providing a comprehensive program for teen pregnancy prevention. Reported by Committee on Health and Human Services

MAJORITY recommendation: Do pass as amended. Signed by Senators Talmadge, Chairman; Wojahn, Vice Chairman; Deccio, Franklin, Fraser, Hargrove, McAuliffe, Moyer, Niemi, Prentice, Quigley, Sheldon, and Winsley.

Referred to Committee on Ways and Means.

April 1, 1993

ESHB 1412 Prime Sponsor, House Committee on Judiciary: Changing provisions relating to prejudgment interest. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Niemi, Rinehart, and Spanel.

Passed to Committee on Rules for second reading.

April 1, 1993

ESHB 1445 Prime Sponsor, House Committee on Commerce and Labor: Modifying the scope of the state law against discrimination. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass as amended and be referred to Committee on Ways and Means. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Niemi, Rinehart, and Spanel.

Referred to Committee on Ways and Means.

March 31, 1993

SHB 1454 Prime Sponsor, House Committee on Commerce and Labor: Revising the definition of "acting in the course of employment." Reported by Committee on Labor and Commerce

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

Passed to Committee on Rules for second reading.

March 31, 1993

HB 1477 Prime Sponsor, Representative Wood: Creating a fuel tax exemption. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Barr, Drew, Haugen, Nelson, Oke, Prentice, Prince, M. Rasmussen, Sheldon, von Reichbauer, and Winsley.

Passed to Committee on Rules for second reading.

March 31, 1993

ESHB 1493 Prime Sponsor, House Committee on Trade, Economic Development and Housing: Assisting minority and women-owned businesses. Reported by Committee on Trade, Technology and Economic Development

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

Referred to Committee on Ways and Means.

March 31, 1993

HB 1495 Prime Sponsor, Representative Dorn: Changing local effort assistance distribution. Reported by Committee on Education

MAJORITY recommendation: Do pass. Signed by Senators Pelz, Chairman; McAuliffe, Vice Chairman; Hochstatter, Moyer, Nelson, M. Rasmussen, Rinehart, Skratek, and A. Smith.

Passed to Committee on Rules for second reading.

March 31, 1993

SHB 1507 Prime Sponsor, House Committee on Transportation: Penalizing owners of abandoned, unauthorized, or junk vehicles. Reported by Committee on Transportation

Passed to Committee on Rules for second reading.

March 31, 1993

ESHB 1519 Prime Sponsor, House Committee on Trade, Economic Development and Housing: Creating an office of housing affordability and regulatory reform. Reported by Committee on Trade, Technology and Economic Development

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

Passed to Committee on Rules for second reading.

March 30, 1993

SHB 1560 Prime Sponsor, House Committee on Judiciary: Adopting the uniform interstate family support act. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, Nelson, and Roach

Passed to Committee on Rules for second reading.

March 31, 1993

SHB 1602 Prime Sponsor, House Committee on Education: Changing election provisions for regional committee members. Reported by Committee on Education

MAJORITY recommendation: Do pass as amended. Signed by Senators Pelz, Chairman; McAuliffe, Vice Chairman; Moyer, Nelson, M. Rasmussen, Rinehart, Skratek, and A. Smith.

Referred to Committee on Ways and Means.

March 31, 1993

EHB 1617 Prime Sponsor, Representative R. Fisher: Planning high-speed ground transportation. Reported by Committee on Transportation

Passed to Committee on Rules for second reading.

March 30, 1993

SHB 1631 Prime Sponsor, House Committee on Commerce and Labor: Regulating going out of business sales. Reported by Committee on Labor and Commerce

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

Passed to Committee on Rules for second reading.

April 1, 1993

HB 1644 Prime Sponsor, Representative Anderson: Changing provisions relating to voting by mail. Reported by Committee on Government Operations

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

Passed to Committee on Rules for second reading.

April 1, 1993

HB 1645 Prime Sponsor, Representative Anderson: Changing provisions relating to initiatives and referenda. Reported by Committee on Government Operations

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

Passed to Committee on Rules for second reading.

April 1, 1993

HB 1646 Prime Sponsor, Representative Anderson: Expanding eligibility for ongoing absentee voter status. Reported by Committee on Government Operations

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

Passed to Committee on Rules for second reading.

April 1, 1993

HB 1648 Prime Sponsor, Representative Wineberry: Extending the voter registration period. Reported by Committee on Government Operations

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

Passed to Committee on Rules for second reading.

March 30, 1993

ESHB 1672 Prime Sponsor, House Committee on Human Services: Creating the eye care for the homeless program in Washington. Reported by Committee on Health and Human Services

MAJORITY recommendation: Do pass. Signed by Senators Talmadge, Chairman; Wojahn, Vice Chairman; Deccio, Erwin, Franklin, Fraser, Hargrove, McAuliffe, Moyer, Niemi, Prentice, Quigley, Sheldon, and Winsley.

Passed to Committee on Rules for second reading.

March 30, 1993

HB 1713 Prime Sponsor, Representative Bray: Revising vehicular window tinting labels. Reported by Committee on Transportation

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

Passed to Committee on Rules for second reading.

April 1, 1993

SHB 1727 Prime Sponsor, House Committee on Corrections: Providing a procedure for releasing alien offenders for the purpose of deportation. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass as amended. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Rinehart, and Spanel.

Passed to Committee on Rules for second reading.

April 1, 1993

SHB 1733 Prime Sponsor, House Committee on State Government: Clarifying productivity awards programs. Reported by Committee on Government Operations

MAJORITY recommendation: Do pass as amended. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, and Winsley.

Passed to Committee on Rules for second reading.

March 31, 1993

SHB 1743 Prime Sponsor, House Committee on Environmental Affairs: Establishing a pilot multimedia program for pollution prevention. Reported by Committee on Ecology and Parks

MAJORITY recommendation: Do pass. Signed by Senators Fraser, Chairman; McCaslin, Moore, Sutherland, and Talmadge.

Passed to Committee on Rules for second reading.

April 1, 1993

ESHB 1760 Prime Sponsor, House Committee on Judiciary: Regulating obligations for child support and spousal maintenance. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; McCaslin, Nelson, Niemi, Rinehart, Roach, and Spanel.

Passed to Committee on Rules for second reading.

April 1, 1993

ESHB 1785 Prime Sponsor, House Committee on Environmental Affairs: Creating jobs to restore and enhance Washington's estuaries, waterways, forests, and watersheds. Reported by Committee on Trade, Technology and Economic Development

MAJORITY recommendation: Do pass as amended. Signed by Senators Skratek, Chairman; Sheldon, Vice Chairman; M. Rasmussen, and Williams.

Passed to Committee on Rules for second reading.

April 1, 1993

SHB 1795 Prime Sponsor, House Committee on Judiciary: Regulating vehicular pursuit. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass as amended. Signed by Senators Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Rinehart, and Spanel.

Passed to Committee on Rules for second reading.

March 30, 1993

SHB 1802 Prime Sponsor, House Committee on Health Care: Modifying marriage and family therapist certification. Reported by Committee on Health and Human Services

MAJORITY recommendation: Do pass as amended. Signed by Senators Talmadge, Chairman; Wojahn, Vice Chairman; Deccio, Erwin, Franklin, Fraser, Hargrove, McAuliffe, Moyer, Niemi, Prentice, Quigley, Sheldon, and Winsley.

Passed to Committee on Rules for second reading.

April 1, 1993

SHB 1808 Prime Sponsor, House Committee on Trade, Economic Development and Housing: Creating the Washington council on international trade. Reported by Committee on Trade, Technology and Economic Development

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

Passed to Committee on Rules for second reading.

March 30, 1993

HB 1833 Prime Sponsor, Representative Jacobsen: Conforming statutes relating to firearm handling by minors. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass as amended. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, Nelson, Niemi, Roach, and Spanel.

Passed to Committee on Rules for second reading.

March 31, 1993

SHB 1893 Prime Sponsor, House Committee on Transportation: Regulating motor vehicle dealers' buyer's agents relationships. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Skratek, Vice Chairman; Barr, Drew, Haugen, Nelson, Oke, Prentice, Prince, M. Rasmussen, Sheldon, von Reichbauer, and Winsley.

Passed to Committee on Rules for second reading.

March 31, 1993

HB 1911 Prime Sponsor, Representative Zellinsky: Regulating fire protection districts in newly incorporated cities and towns. Reported by Committee on Government Operations

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

Passed to Committee on Rules for second reading.

April 1, 1993

SHB 1912 Prime Sponsor, House Committee on Corrections: Establishing guidelines for allowing witnesses at an execution. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass as amended. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Roach, and Spanel.

Passed to Committee on Rules for second reading.

March 31, 1993

SHB 1915 Prime Sponsor, House Committee on Local Government: Allowing less restrictive easements concerning aircraft noise. Reported by Committee on Government Operations

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

Passed to Committee on Rules for second reading.

April 1, 1993

ESHB 1922 Prime Sponsor, House Committee on Corrections: Creating a work ethic boot camp program within the department of corrections. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass as amended and be referred to Committee on Ways and Means. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, and Roach.

Referred to Committee on Ways and Means.

March 30, 1993

SHB 1928 Prime Sponsor, House Committee on Transportation: Providing for more comprehensive regional transportation planning. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Barr, Drew, Haugen, Nelson, Oke, Prentice, Prince, M. Rasmussen, von Reichbauer, and Winsley.

Passed to Committee on Rules for second reading.

March 31, 1993

SHB 1948 Prime Sponsor, House Committee on State Government: Modifying provisions regarding the state commission on Hispanic affairs. Reported by Committee on Government Operations

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

Passed to Committee on Rules for second reading.

March 31, 1993

SHB 1955 Prime Sponsor, House Committee on Local Government: Concerning hearings related to improvement districts. Reported by Committee on Government Operations

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

Passed to Committee on Rules for second reading.

April 1, 1993

ESHB 1966 Prime Sponsor, House Committee on Human Services: Implementing juvenile justice racial disproportionality study recommendations. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Rinehart, Roach, and Spanel.

Referred to Committee on Ways and Means.

March 30, 1993

HB 1975 Prime Sponsor, Representative Dunshee: Modifying provisions relating to nursing home reimbursement overpayments. Reported by Committee on Health and Human Services

MAJORITY recommendation: Do pass. Signed by Senators Talmadge, Chairman; Wojahn, Vice Chairman; Deccio, Erwin, Franklin, Fraser, Hargrove, McAuliffe, Moyer, Niemi, and Quigley.

Passed to Committee on Rules for second reading.

March 26, 1993

ESHB 1988 Prime Sponsor, House Committee on Trade, Economic Development and Housing: Providing for employment and training services. Reported by Committee on Trade, Technology and Economic Development

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

MINORITY recommendation: Do not pass. Signed by Senator Erwin.

Referred to Committee on Ways and Means.

April 1, 1993

SHB 2003 Prime Sponsor, House Committee on Human Services: Affecting juvenile offenders. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; McCaslin, Nelson, Niemi, Rinehart, and Spanel.

Passed to Committee on Rules for second reading.

April 1, 1993

EHB 2009 Prime Sponsor, Representative J. Kohl: Including condominiums in parking and business improvement areas. Reported by Committee on Trade, Technology and Economic Development

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

Passed to Committee on Rules for second reading.

March 31, 1993

EHB 2061 Prime Sponsor, Representative Chappell: Changing hunter education provisions. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass. Signed by Senators Owen, Chairman; Hargrove, Vice Chairman; Amondson, Erwin, Franklin, Haugen, Oke, Snyder, and Spanel.

Passed to Committee on Rules for second reading.

March 30, 1993

HB 2073 Prime Sponsor, Representative Wang: Modifying eligibility requirements for the nonprofit homes for the aging property tax exemption. Reported by Committee on Health and Human Services

Referred to Committee on Ways and Means.

March 31, 1993

ESHJM 4015 Prime Sponsor, House Committee on State Government: Requesting the Philippines to keep its consulate open. Reported by Committee on Trade, Technology and Economic Development

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

Passed to Committee on Rules for second reading.

April 1, 1993

HJR 4201 Prime Sponsor, Representative Ludwig: Amending the Constitution to provide that superior courts and district courts have concurrent jurisdiction in cases in equity. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; McCaslin, Nelson, and Rinehart.

Passed to Committee on Rules for second reading.

March 31, 1993

HCR 4412 Prime Sponsor, Representative Jacobsen: Appointing a poet laureate to be paid in Washington wine. Reported by Committee on Government Operations

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

Passed to Committee on Rules for second reading.

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

March 31, 1993

GA 9121 MIKE FITZGERALD, appointed January 18, 1993, for a term ending at the Governor's pleasure, as Director of the Department of Trade and Economic Development.

Reported by Committee on Trade, Technology and Economic Development

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Skratek, Chairman; Sheldon, Vice Chairman; Bluechel, Deccio, Erwin, M. Rasmussen, and Williams.

Passed to Committee on Rules.

March 31, 1993

GA 9156 LOIS M. CURTIS, reappointed February 1, 1993, for a term ending July 5, 1995, as a member of the Puget Sound Water Quality Authority.

Reported by Committee on Ecology and Parks

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Fraser, Chairman; Barr, McCaslin, Moore, Sutherland, and Talmadge.

Passed to Committee on Rules.

March 31, 1993

GA 9162 JAMES R. FOX, reappointed February 1, 1993, for a term ending December 31, 1995, as a member of the Interagency Committee for Outdoor Recreation.

Reported by Committee on Ecology and Parks

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Fraser, Chairman; Barr, McCaslin, Moore, Sutherland, and Talmadge.

Passed to Committee on Rules.

March 31, 1993

GA 9251 SHERI TONN, reappointed February 1, 1993, for a term ending July 5, 1996, as a member of the Puget Sound Water Quality Authority.

Reported by Committee on Ecology and Parks

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Fraser, Chairman; Barr, McCaslin, Moore, Sutherland, and Talmadge.

Passed to Committee on Rules.

March 31, 1993

GA 9258 TERRY WILLIAMS, reappointed February 1, 1993, for a term ending July 5, 1996, as a member of the Puget Sound Water Quality Authority.

Reported by Committee on Ecology and Parks

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Fraser, Chairman; Barr, McCaslin, Moore, Sutherland, and Talmadge.

Passed to Committee on Rules.

March 31, 1993

GA 9262 ELIOT W. SCULL, reappointed February 1, 1993, for a term ending December 31, 1995, as Chair of the Interagency Committee for Outdoor Recreation.

Reported by Committee on Ecology and Parks

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Fraser, Chairman; Barr, McCaslin, Moore, Sutherland, and Talmadge.

Passed to Committee on Rules.

April 1, 1993

GA 9293 JOHN M. FRANKLIN, appointed February 15, 1993, for a term ending at the Governor's pleasure as Director of the Department of General Administration.

Reported by Committee on Government Operations

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Haugen Chairman; Drew, Vice Chairman; Loveland, Oke, and Winsley.

Passed to Committee on Rules.

MOTION

On motion of Senator Jesernig, the rules were suspended, Senate Bill No. 5967 and Senate Bill No. 5968 were advanced to second reading and placed on the second reading calendar.

INTRODUCTION AND FIRST READING

SB 5970 by Senator Vognild (by request of Department of Transportation)

AN ACT Relating to state highway bonds; and adding new sections to chapter 47.10 RCW.

Referred to Committee on Transportation

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Spanel, Gubernatorial No. 9113, Ann E. Daley, as Director of the Office of Financial Management, was confirmed.

APPOINTMENT OF ANN E. DALEY

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.

Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 40.

Excused: Senators Anderson, Erwin, Fraser, Moore, Niemi, Quigley, Smith, L., Vognild and von Reichbauer - 9.

MOTION

On motion of Senator Spanel, Gubernatorial No. 9130, Sheryl Wilson, as Director of the Department of Retirement Systems, was confirmed.

APPOINTMENT OF SHERYL WILSON

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

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

Excused: Senators Anderson, Erwin, Moore, Niemi, Smith, L. and von Reichbauer - 6.

MOTION

On motion of Senator Talmadge, Gubernatorial No. 9117, Margaret T. Stanley, as Administrator of the Washington Health Care Authority, was confirmed.

APPOINTMENT OF MARGARET T. STANLEY

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

Excused: Senators Anderson, Erwin, Moore, Niemi, Smith, L. and von Reichbauer - 6.

CALL OF THE SENATE

Senators Jesernig, Wojahn and Gaspard demanded a Call of the Senate.

A Call of the Senate was ordered.

The Sergeant at Arms locked the doors of the Senate Chamber. The Secretary called the roll on the Call of the Senate, all members being present except Senators Anderson, Erwin, Niemi, Linda Smith and von Reichbauer who were excused earlier.

MOTION

At 6:05 p.m., on motion of Senator Jesernig, the Senate was declared to be at ease.

The Senate was called to order at 6:49 p.m. by President Pritchard.

MOTION

On motion of Senator Jesernig, the Senate commenced consideration of Senate Bill No. 5968.

SECOND READING

SENATE BILL NO. 5968 by Senators Rinehart and Gaspard (by request of Office of Financial Management)

Making appropriations.

MOTIONS

On motion of Senator Jesernig, Substitute Senate Bill No. 5968 was substituted for Senate Bill No. 5968 and the substitute bill was placed on second reading and read the second time.

Senator Gaspard moved that the rules be suspended and Substitute Senate Bill No. 5968 be advanced to third reading, the second reading considered the third and the bill be placed on final passage.

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

Debate ensued.

The President declared the question before the Senate to be the roll call on the motion by Senator Gaspard to suspend the rules and advance Substitute Senate Bill No. 5968 to third reading and final passage.

ROLL CALL

The Secretary called the roll and the motion to suspend the rules and advance Substitute Senate Bill No. 5968 to third reading and final passage, failed to receive a two-thirds majority by the following vote: Yeas, 28; Nays, 17; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 28.

Voting nay: Senators Amondson, Barr, Bluechel, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, West and Winsley - 17.

Excused: Senators Anderson, Erwin, Smith, L. and von Reichbauer - 4.

PARLIAMENTARY INQUIRY

Senator Newhouse: "By your action, then, the bill goes to the Rules Committee for third reading?"

REPLY BY THE PRESIDENT

President Pritchard: "That is correct. Passed to third reading."

MOTION

At 6:58 p.m., on motion Senator Jesernig, the Senate was declared to be at ease.

The Senate was called to order at 7:38 p.m. by President Pritchard.

At 7:39 p.m., and there being no objection, the President declared the Senate to be at ease for the purpose of a Rules Committee Meeting.

The Senate was called to order at 10:11 p.m. by President Pritchard.

DISPENSE WITH CALL OF THE SENATE

The Call of the Senate was dispensed with on motion of Senator Jesernig.

POINT OF ORDER

Senator West: "Mr. President, I rise to a point of order. Under Rule 15, I believe the next order of business is to adjourn. It is past 10:00 p.m. at night."

MOTION

On motion of Senator Snyder, Rule 15 was suspended.

EDITOR'S NOTE: Rule 15 states, 'The senate shall convene at 10:00 a.m., each working day, unless adjourned to a different hour. The senate shall adjourn not later than 10:00 p.m. of each working day. The senate shall recess ninety minutes for lunch each working day. When reconvening on the same day the senate shall recess ninety minutes for dinner each working evening. This rule may be suspended by a majority.'

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Adam Smith, Gubernatorial No. 9134, Kay Adamson, as a member of the Board of Trustees for the State School for the Deaf, was confirmed.

APPOINTMENT OF KAY ADAMSON

The Secretary called the roll. The appointment was confirmed 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., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.

Excused: Senator Smith, L. - 1.

SECOND READING

HOUSE BILL NO. 1216, by Representatives Veloria, Heavey, Horn and King (by request of Liquor Control Board)

Regulating acceptance and disbursement of funds and grants by the liquor control board.

The bill was read the second time.

MOTION

On motion of Senator Moore, the rules were suspended, House Bill No. 1216 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1216.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1216 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, McDonald, 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, Winsley and Wojahn - 47.

Voting nay: Senator McCaslin - 1.

Excused: Senator Smith, L. - 1.

HOUSE BILL NO. 1216, 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 Skratek was excused.

SECOND READING

HOUSE BILL NO. 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.

The bill was read the second time.

MOTION

On motion of Senator Moore, the rules were suspended, House Bill No. 1217 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1217.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1217 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; 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, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.

Voting nay: Senator McCaslin - 1.

Absent: Senator Rinehart - 1.

Excused: Senators Skratek and Smith, L. - 2.

HOUSE BILL NO. 1217, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

On motion of Senator Spanel, Senator Rinehart was excused.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 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.

The bill was read the second time.

MOTION

On motion of Senator Talmadge, the rules were suspended, Substitute House Bill No. 1253 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1253.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1253 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

Excused: Senators Rinehart, Skratek and Smith, L. - 3.

SUBSTITUTE HOUSE BILL NO. 1253, 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

HOUSE BILL NO. 1255, by Representatives Dellwo, Morris, Dyer, Flemming and Wood (by request of Department of Health)

Requiring podiatric physicians and surgeons to have one year of postgraduate podiatric medical training.

The bill was read the second time.

MOTION

On motion of Senator Talmadge, the rules were suspended, House Bill No. 1255 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1255.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1255 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.

Voting nay: Senator McCaslin - 1.

Excused: Senators Rinehart, Skratek and Smith, L. - 3.

HOUSE BILL NO. 1255, 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

SUBSTITUTE HOUSE BILL NO. 1260, by House Committee on Environmental Affairs (originally sponsored by Representatives Linville, Horn and Rust) (by request of Utilities and Transportation Commission)

Modifying review of solid waste collection company tariff filings.

The bill was read the second time.

MOTIONS

On motion of Senator Fraser, the following Committee on Ecology and Parks amendment was adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 81.04.130 and 1984 c 143 s 1 are each amended to read as follows:

Whenever any public service company, other than a railroad company, files with the commission any schedule, classification, rule, or regulation, the effect of which is to change any rate, fare, charge, rental, or toll previously charged, the commission has power, either upon its own motion or upon complaint, upon notice, to hold a hearing concerning the proposed change and the reasonableness and justness of it. Pending the hearing and the decision the commission may suspend the operation of the rate, fare, charge, rental, or toll, if the change is proposed by a common carrier subject to the jurisdiction of the commission, other than a solid waste collection company, for a period not exceeding seven months, and, if proposed by a ((public service company other than such a common carrier)) solid waste collection company, for a period not exceeding ten months from the time the change would otherwise go into effect. After a full hearing the commission may make such order in reference to the change as would be provided in a hearing initiated after the change had become effective.

At any hearing involving any change in any schedule, classification, rule, or regulation the effect of which is to increase any rate, fare, charge, rental, or toll theretofore charged, the burden of proof to show that such increase is just and reasonable is upon the public service company. When any common carrier subject to the jurisdiction of the commission files any tariff, classification, rule, or regulation the effect of which is to decrease any rate, fare, or charge, the burden of proof to show that such decrease is just and reasonable is upon the common carrier.

Sec. 2. RCW 81.28.050 and 1984 c 143 s 5 are each amended to read as follows:

Unless the commission otherwise orders, no change may be made in any classification, rate, fare, charge, rule, or regulation filed and published by a common carrier other than a rail carrier, except after thirty days' notice to the commission and to the public. In the case of a solid waste collection company, no such change may be made except after forty-five days' notice to the commission and to the public. The notice shall be published as provided in RCW 81.28.040 and shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rate, classification, fare, or charge will go into effect. All proposed changes shall be shown by printing, filing, and publishing new schedules or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection. In the case of a change proposed by a rail carrier, except for changes to rail contracts between a rail carrier and a shipper authorized under RCW 81.34.070, which changes become effective in accordance with that section, a proposal resulting in a rate increase or a new rate shall not become effective for twenty days after the notice is published, and a proposal resulting in a rate decrease shall not become effective for ten days after the notice is published. The commission, for good cause shown, may by order allow changes in rates without requiring the notice and the publication time periods specified in this section. When any change is made in any rate, fare, charge, classification, rule, or regulation, attention shall be directed to the change by some character on the schedule. The character and its placement shall be designated by the commission. The commission may, by order, for good cause shown, allow changes in any rate, fare, charge, classification, rule, or regulation without requiring any character to indicate each and every change to be made.

NEW SECTION. Sec. 3. A new section is added to chapter 70.95 RCW to read as follows:

To provide solid waste collection companies with sufficient time to prepare and submit tariffs and rate filings for public comment and commission approval, the owner or operator of a transfer station, landfill, or facility used to burn solid waste shall provide seventy-five days' notice to solid waste collection companies of any change in tipping fees and disposal rate schedules. The notice period shall begin on the date individual notice to a collection company is delivered to the company or is postmarked.

A collection company may agree to a shorter notice period: PROVIDED, That such agreement by a company shall not affect the notice requirements for rate filings under RCW 81.28.050.

The owner of a transfer station, landfill or facility used to burn solid waste may agree to provide companies with a longer notice period.

"Solid waste collection companies" as used in this section means the companies regulated by the commission pursuant to chapter 81.77 RCW."

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

On page 1, line 2 of the title, after "commission;" strike the remainder of the title and insert "amending RCW 81.04.130 and 81.28.050; and adding a new section to chapter 70.95 RCW."

MOTION

On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 1260, as amended by the Senate, 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 Vognild was excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1260, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1260, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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, Smith, A., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 45.

Excused: Senators Rinehart, Skratek, Smith, L. and Vognild - 4.

SUBSTITUTE HOUSE BILL NO. 1260, as amended by the Senate, 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

SUBSTITUTE HOUSE BILL NO. 1356, by House Committee on Environmental Affairs (originally sponsored by Representatives Rust, Horn, Roland and Valle) (by request of Department of Health)

Modifying penalties and compliance for public water systems.

The bill was read the second time.

MOTIONS

On motion of Senator Fraser, the following Committee on Ecology and Parks amendment was adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 70.119A.030 and 1991 c 304 s 3 are each amended to read as follows:

(1) The secretary or his or her designee or the local health officer may declare a public health emergency. As limited by RCW 70.119A.040, the department may impose penalties for violations of laws or regulations that are determined to be a public health emergency.

(2) As limited by RCW 70.119A.040, the department may impose penalties for ((failure to comply with an order of the department, or of an authorized local board of health, when the order:

(a) Directs any person to stop work on the construction or alteration of a public water system when plans and specifications for the construction or alteration have not been approved as required by the regulations, or when the work is not being done in conformity with approved plans and specifications;

(b) Requires any person to eliminate a cross-connection to a public water system by a specified time; or

(c) Requires any person to cease violating any regulation relating to public water systems, to take specific actions within a specified time to place a public water system in compliance with regulations adopted under chapters 43.20 and 70.119 RCW, to apply for an operating permit as required under RCW 70.119A.110 or to comply with any conditions or requirements imposed as part of an operating permit)) violation of laws or rules regulating public water systems and administered by the department of health.

Sec. 2. RCW 70.119A.040 and 1990 c 133 s 8 are each amended to read as follows:

(1)(a) In addition to or as an alternative to any other penalty ((provided)) or action allowed by law, ((every)) a person who ((commits any of the acts or omissions in RCW 70.119A.030 shall be subjected)) violates a law or rule regulating public water systems and administered by the department of health is subject to a penalty ((in an amount of not less than five hundred dollars. The maximum penalty shall be)) of not more than five thousand dollars per day for every such violation, or, in the case of a violation that has been determined to be a public health emergency, a penalty of not more than ten thousand dollars per day for every such violation. Every such violation shall be a separate and distinct offense. The amount of fine shall reflect the health significance of the violation and the previous record of compliance on the part of the public water supplier. In case of continuing violation, every day's continuance shall be a separate and distinct violation.

(b) In addition, a person who constructs, modifies, or expands a public water system or who commences the construction, modification, or expansion of a public water system without first obtaining the required departmental approval is subject to penalties of not more than five thousand dollars per service connection, or, in the case of a system serving a transient population, a penalty of not more than four hundred dollars per person based on the highest average daily population the system is anticipated to serve. The total penalty that may be imposed pursuant to this subsection (1)(b) is five hundred thousand dollars.

(c) Every person who, through an act of commission or omission, procures, aids, or abets ((in the)) a violation ((shall be)) is considered to have violated the provisions of this section and ((shall be)) is subject to the penalty provided in this section.

(2) The penalty provided for in this section shall be imposed by a notice in writing to the person against whom the civil ((fine)) penalty is assessed and shall describe the violation. The notice shall be personally served in the manner of service of a summons in a civil action or in a manner that shows proof of receipt. A penalty imposed by this section is due twenty-eight days after receipt of notice unless application for ((remission or mitigation is made as provided in subsection (3) of this section or unless application for)) an adjudicative proceeding is filed as provided in subsection (((4))) (3) of this section.

(3) ((Within fourteen days after the notice is received, the person incurring the penalty may apply in writing to the department for the remission or mitigation of such penalty. Upon receipt of the application, the department may remit or mitigate the penalty upon whatever terms the department in its discretion deems proper, giving consideration to the degree of hazard associated with the violation, provided the department deems such remission or mitigation to be in the best interests of carrying out the purposes of this chapter. The department shall not mitigate the fines below the minimum penalty prescribed in subsection (1) of this section. The department shall have authority to ascertain the facts regarding all such applications in such reasonable manner as it may deem proper. When an application for remission on mitigation is made, a penalty incurred under this section is due twenty-eight days after receipt of the notice setting forth the disposition of the application, unless an application for an adjudicative proceeding to contest the disposition is filed as provided in subsection (4) of this section.

(4))) Within twenty-eight days after notice is received, the person incurring the penalty may file an application for an adjudicative proceeding and may pursue subsequent review as provided in chapter 34.05 RCW and applicable rules of the department or board of health.

(((5))) (4) A penalty imposed by a final administrative order ((after an adjudicative proceeding)) is due upon service of the final administrative order. A person who fails to pay a penalty assessed by a final administrative order within thirty days of service of the final administrative order shall pay, in addition to the amount of the penalty, interest at the rate of one percent of the unpaid balance of the assessed penalty for each month or part of a month that the penalty remains unpaid, commencing with the month in which the notice of penalty was served and such reasonable attorney's fees as are incurred in securing the final administrative order.

(5) A person who institutes proceedings for judicial review of a final administrative order assessing a civil penalty under this chapter shall place the full amount of the penalty in an interest bearing account in the registry of the reviewing court. At the conclusion of the proceeding the court shall, as appropriate, enter a judgment on behalf of the department and order that the judgment be satisfied to the extent possible from moneys paid into the registry of the court or shall enter a judgment in favor of the person appealing the penalty assessment and order return of the moneys paid into the registry of the court together with accrued interest to the person appealing. The judgment may award reasonable attorney's fees for the cost of the attorney general's office in representing the department.

(6) ((The attorney general may bring an action in the name of the department in the superior court of Thurston county, or of any county in which such violator may do business, to collect a penalty.

(7))) If no appeal is taken from a final administrative order assessing a civil penalty under this chapter, the department may file a certified copy of the final administrative order with the clerk of the superior court in which the public water system is located or in Thurston county, and the clerk shall enter judgment in the name of the department and in the amount of the penalty assessed in the final administrative order.

(7) A judgment entered under subsection (5) or (6) of this section shall have the same force and effect as, and is subject to all of the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered.

(8) All penalties imposed under this section shall be payable to the state treasury and credited to the general fund.

(9) Except in cases of public health emergencies, the department may not impose monetary penalties under this section unless a prior effort has been made to resolve the violation informally.

Sec. 3. RCW 70.119A.050 and 1989 c 422 s 8 are each amended to read as follows:

Each local board of health that is enforcing the regulations under an agreement with the department allocating state and local responsibility is authorized to impose and collect civil penalties for violations within the area of its responsibility under the same limitations and requirements imposed upon the department by RCW 70.119A.030 and 70.119A.040, except that judgment shall be entered in the name of the local board penalties shall be placed into the general fund of the county, city, or town operating the local board of health((, and the prosecuting attorney, or city, or town attorney shall bring the actions to collect the unpaid penalties)).

NEW SECTION. Sec. 4. A new section is added to chapter 70.119A RCW to read as follows:

(1)(a) Except as otherwise provided in (b) of this subsection, the secretary or his or her designee shall have the right to enter a premises under the control of a public water system at reasonable times with prior notification in order to determine compliance with laws and rules administered by the department of health to test, inspect, or sample features of a public water system and inspect, copy, or photograph monitoring equipment or other features of a public water system, or records required to be kept under laws or rules regulating public water systems. For the purposes of this section, "premises under the control of a public water system" does not include the premises or private property of a customer of a public water system past the point on the system where the service connection is made.

(b) The secretary or his or her designee need not give prior notification to enter a premises under (a) of this subsection if the purpose of the entry is to ensure compliance by the public water system with a prior order of the department or if the secretary or the secretary's designee has reasonable cause to believe the public water system is violating the law and poses a serious threat to public health and safety.

(2) The secretary or his or her designee may apply for an administrative search warrant to a court official authorized to issue a criminal search warrant. An administrative search warrant may be issued for the purposes of inspecting or examining property, buildings, premises, place, books, records, or other physical evidence, or conducting tests or taking samples. The warrant shall be issued upon probable cause. It is sufficient probable cause to show any of the following:

(a) The inspection, examination, test, or sampling is pursuant to a general administrative plan to determine compliance with laws or rules administered by the department; or

(b) The secretary or his or her designee has reason to believe that a violation of a law or rule administered by the department has occurred, is occurring, or may occur.

(3) The local health officer or the designee of a local health officer of a local board of health that is enforcing rules regulating public water systems under an agreement with the department allocating state and local responsibility is authorized to conduct investigations and to apply for, obtain, and execute administrative search warrants necessary to perform the local board's agreed-to responsibilities under the same limitations and requirements imposed on the department under this section."

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

On page 1, line 1 of the title, after "requirements;" strike the remainder of the title and insert "amending RCW 70.119A.030, 70.119A.040, and 70.119A.050; adding a new section to chapter 70.119A RCW; and prescribing penalties."

MOTION

On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 1356, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1356, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1356, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 28; Nays, 18; Absent, 0; Excused, 3.

Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Williams, Winsley and Wojahn - 28.

Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Prince, Roach, Sellar, von Reichbauer and West - 18.

Excused: Senators Skratek, Smith, L. and Vognild - 3.

SUBSTITUTE HOUSE BILL NO. 1356, as amended by the Senate, 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

HOUSE BILL NO. 1400, by Representatives Heavey and Franklin (by request of Department of Licensing)

Regulating real estate appraisers.

The bill was read the second time.

MOTION

On motion of Senator Moore, the rules were suspended, House Bill No. 1400 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1400.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1400 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

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

Absent: Senators Loveland and Rinehart - 2.

Excused: Senators Skratek, Smith, L. and Vognild - 3.

HOUSE BILL NO. 1400, 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

SUBSTITUTE HOUSE BILL NO. 1480, by House Committee on Revenue (originally sponsored by Representatives G. Fisher, Foreman, Wang and Springer) (by request of Department of Revenue)

Subjecting certain travel trailers and campers to ad valorem taxation.

The bill was read the second time.

MOTION

On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 1480 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1480.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1480 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 7; Absent, 1; Excused, 3.

Voting yea: Senators Barr, Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 38.

Voting nay: Senators Amondson, Anderson, Cantu, Erwin, Nelson, Roach and Sellar - 7.

Absent: Senator Rinehart - 1.

Excused: Senators Skratek, Smith, L. and Vognild - 3.

SUBSTITUTE HOUSE BILL NO. 1480, 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

ENGROSSED HOUSE BILL NO. 1481, by Representatives G. Fisher, Foreman, Wang and Quall (by request of Department of Revenue)

Modifying taxation of ships and vessels.

The bill was read the second time.

MOTION

On motion of Senator Spanel, the rules were suspended, Engrossed House Bill No. 1481 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 House Bill No. 1481.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 1481 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 13; Absent, 2; Excused, 3.

Voting yea: Senators Anderson, Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, McAuliffe, Moore, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Williams, Winsley and Wojahn - 31.

Voting nay: Senators Amondson, Barr, Bluechel, Cantu, Deccio, Erwin, McCaslin, McDonald, Moyer, Roach, Sellar, von Reichbauer and West - 13.

Absent: Senators Loveland and Rinehart - 2.

Excused: Senators Skratek, Smith, L. and Vognild - 3.

ENGROSSED HOUSE BILL NO. 1481, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

On motion of Senator Spanel, Senator Rinehart was excused.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1527, by House Committee on Appropriations (originally sponsored by Representatives Linville and Locke) (by request of Office of Financial Management)

Modifying funding of the dependent care program.

The bill was read the second time.

MOTION

On motion of Senator Spanel, the rules were suspended, Substitute House Bill No. 1527 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1527.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1527 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 3; Absent, 1; Excused, 4.

Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 41.

Voting nay: Senators Anderson, McCaslin and Sellar - 3.

Absent: Senator Loveland - 1.

Excused: Senators Rinehart, Skratek, Smith, L. and Vognild - 4.

SUBSTITUTE HOUSE BILL NO. 1527, 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

SUBSTITUTE HOUSE BILL NO. 1528, by House Committee on Appropriations (originally sponsored by Representatives Dunshee, Locke and R. Meyers) (by request of Office of Financial Management)

Modifying the state's cash management system.

The bill was read the second time.

MOTIONS

On motion of Senator Spanel, the following Committee on Ways and Means amendment was adopted:

On page 13, beginning on line 28, strike all material down to and including line 35 and insert the following:

"NEW SECTION. Sec. 10. The state treasurer shall submit a report to the fiscal committees of the legislature by January 1, 1995, and by January 1, 1996, on the costs, financial benefits, and staffing requirements of the following: (1) The use of electronic fund transfer mechanisms by state agencies for the previous fiscal year; (2) local account compliance for the previous fiscal year with financial standards developed by the office of financial management; (3) compliance with the federal cash management improvement act of 1990; and (4) the total banking costs of treasury accounts during the previous two fiscal years. The report shall also identify the savings realized by agencies as a result of this act."

On motion of Senator Spanel, the rules were suspended, Substitute House Bill No. 1528, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1528, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1528. as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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, Smith, A., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 45.

Excused: Senators Rinehart, Skratek, Smith, L. and Vognild - 4.

SUBSTITUTE HOUSE BILL NO. 1528, as amended by the Senate, 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

HOUSE BILL NO. 1643, by Representatives King, Veloria, Heavey, Reams and Jacobsen (by request of Department of Licensing)

Modifying licensure requirements for landscape architects

The bill was read the second time.

MOTION

On motion of Senator Moore, the rules were suspended, House Bill No. 1643 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1643.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1643 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, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.

Excused: Senators Skratek and Smith, L. - 2.

HOUSE BILL NO. 1643, 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 11:13 p.m., on motion of Senator Jesernig, the Senate was declared to be at ease.

The Senate was called to order at 11:59 p.m. by President Pritchard.

MOTION

On motion of Senator Jesernig, the Senate commenced consideration of Senate Bill No. 5967.

SECOND READING

SENATE BILL NO. 5967, by Senator Rinehart (by request of Governor Lowry)

Implementing a comprehensive tax package.

MOTIONS

On motion of Senator Jesernig, Substitute Senate Bill No. 5967 was substituted for Senate Bill No. 5967 and the substitute bill was placed on second reading and read the second time.

Senator McDonald moved that the following amendment be adopted:

On page 3, at the beginning of line 9, strike all material through ", and))" on line 14, and insert "excluding charges made for the use of coin operated laundry facilities when such facilities are situated in an apartment house, hotel, motel, rooming house, trailer camp or tourist camp for the exclusive use of the tenants thereof, and also excluding sales of laundry service to members by nonprofit associations composed exclusively of nonprofit hospitals, and"

MOTION

Senator Jesernig moved to lay on the table the amendment by Senator McDonald on page 3, at the beginning of line 9.

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

The President declared the question before the Senate to be the roll call on the motion by Senator Jesernig to lay on the table the amendment by Senator McDonald on page 3, at the beginning of line 9, to Substitute Senate Bill No. 5967.

ROLL CALL

The Secretary called the roll and the motion to lay the amendment on the table carried by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.

Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 21.

POINT OF INFORMATION

Senator Nelson: "Mr. President, a point of information. Will the President rule on whether or not laying an amendment on the table carries with it the main motion, mainly the bill as reflected in Reed's Rule 114?"

RULING BY THE PRESIDENT

President Pritchard: "Senate Rule 21 states, 'A motion to lay an amendment on the table shall not carry the main question with it unless so specified in the motion to table.' The amendment is tabled."

MOTION

Senator Sellar moved that the following amendment by Senators Sellar and McDonald be adopted:

On page 4, after line 38, strike all materials through and including "services;" on line 39

Renumber remaining subsections accordingly

MOTION

Senator Jesernig moved to lay on the table the amendment by Senators Sellar and McDonald on page 4, after line 38.

Senator von Reichbauer demanded a roll call and the demand was sustained.

The President declared the question before the Senate to be the roll call on the motion by Senator Jesernig to lay on the table the amendment by Senators Sellar and McDonald on page 4, after line 38, to Substitute Senate Bill No. 5967.

ROLL CALL

The Secretary called the roll and the motion to lay the amendment on the table carried by the following vote: Yeas, 29; Nays, 19; Absent, 1; Excused, 0.

Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 29.

Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Oke, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 19.

Absent: Senator Newhouse - 1.

MOTION FOR RECONSIDERATION

Having voted on the prevailing side, Senator Prince moved to immediately reconsider the vote by which the amendment by Senators Sellar and McDonald on page 4, after line 38, was laid on the table.

MOTION

Senator Jesernig moved that the motion for reconsideration of the amendment by Senators Sellar and McDonald on page 4, after line 38, be laid on the table.

Senator von Reichbauer demanded a roll call and the demand was sustained.

The President declared the question before the Senate to be the roll call on the motion by Senator Jesernig to lay on the table the motion for reconsideration of the amendment by Senators Sellar and McDonald on page 4, after line 38, to Substitute Senate Bill No. 5967.

ROLL CALL

The Secretary called the roll and the motion to lay on the table the motion for reconsideration of the amendment carried by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.

MOTION

Senator Jesernig moved that the Senate now consider the amendment by Senator Rinehart on page 11, after line 2.

POINT OF ORDER

Senator Nelson: "Mr. President, I rise to a point of order. There are amendments preceding the amendment by Senator Rinehart on page 11, after line 2, that are ahead in the bill itself for consideration by the body."

RULING BY PRESIDENT

President Pritchard: "Well, it is the judgment of the body if you want to skip ahead."

Senator Nelson: "Mr. President, the tradition of the body is to take the amendments in order from the beginning of the bill to the end."

President Pritchard: "That is true. If the body wants to go against tradition why then that is a decision that can be made by the body."

Senator Nelson: "Mr. President, it would then be that the members on the floor would have the opportunity to move back to any preceeding amendments that now have been by-passed by immediately considering the amendment by Senator Rinehart on page 11, after line 2?"

President Pritchard: "I believe that is right. This does not preclude the body taking up previous amendments or ones that come back in an earlier number."

The President declared the question before the Senate to be the motion by Senator Jesernig to now consider the amendment by Senator Rinehart on page 11, after line 2, to Substitute Senate Bill No. 5967.

The motion by Senator Jesernig carried and the Senate commenced consideration of the amendment by Senator Rinehart on page 11, after line 2.

MOTION

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

On page 11, after line 2, insert the following:

"Sec. 103. RCW 82.04.280 and 1986 c 226 s 2 are each amended to read as follows:

Upon every person engaging within this state in the business of: (1) Printing, and of publishing newspapers, periodicals or magazines; (2) building, repairing or improving any street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state or by the United States and which is used or to be used, primarily for foot or vehicular traffic including mass transportation vehicles of any kind and including any readjustment, reconstruction or relocation of the facilities of any public, private or cooperatively owned utility or railroad in the course of such building, repairing or improving, the cost of which readjustment, reconstruction, or relocation, is the responsibility of the public authority whose street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle is being built, repaired or improved; (3) extracting for hire or processing for hire; (4) operating a cold storage warehouse or storage warehouse, but not including the rental of cold storage lockers; (5) representing and performing services for fire or casualty insurance companies as an independent resident managing general agent licensed under the provisions of RCW 48.05.310; (6) radio and television broadcasting, excluding network, national and regional advertising computed as a standard deduction based on the national average thereof as annually reported by the Federal Communications Commission, or in lieu thereof by itemization by the individual broadcasting station, and excluding that portion of revenue represented by the out-of-state audience computed as a ratio to the station's total audience as measured by the 100 micro-volt signal strength and delivery by wire, if any; (7) engaging in activities which bring a person within the definition of consumer contained in RCW 82.04.190(((6), as now or hereafter amended)) (7); as to such persons, the amount of tax on such business shall be equal to the gross income of the business multiplied by the rate of forty-four one hundredths of one percent.

As used in this section, "cold storage warehouse" means a storage warehouse used to store fresh and/or frozen perishable fruits or vegetables, meat, seafood, dairy products, or fowl, or any combination thereof, at a desired temperature to maintain the quality of the product for orderly marketing.

As used in this section, "storage warehouse" means a building or structure, or any part thereof, in which goods, wares, or merchandise are received for storage for compensation, except field warehouses, fruit warehouses, fruit packing plants, warehouses licensed under chapter 22.09 RCW, public garages storing automobiles, railroad freight sheds, docks and wharves, and "self-storage" or "mini storage" facilities whereby customers have direct access to individual storage areas by separate entrance."

Renumber the sections consecutively and correct any internal references accordingly.

POINT OF ORDER

Senator Newhouse: "A point of order, Mr. President. I would like to raise the point of order that this bill and its title says, 'An act relating to taxation.' I would like to raise the point that in part seven, we have statutory law not related to taxation--insurance premium tax credit repeal--and that would violate the article of the Constitution subject to two matters in one bill."

RULING BY PRESIDENT

President Pritchard: "In ruling upon the point of order raised or the question that Senator Newhouse raised, the President believes that Substitute Senate Bill No. 5967 is a broad measure dealing with many areas of taxation and that part seven affects tax liability. The point of order is not well taken."

MOTION

Senator Rinehart moved that the following amendment be adopted:

On page 25, after line 9, strike all of section 120 and insert the following:

"Sec. 120. RCW 82.14.030 and 1989 c 384 s 6 are each amended to read as follows:

(1) The governing body of any county or city while not required by legislative mandate to do so, may, by resolution or ordinance for the purposes authorized by this chapter, fix and impose a sales and use tax in accordance with the terms of this chapter. Such tax shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW, upon the occurrence of any taxable event within the county or city as the case may be((: PROVIDED, That)). Except as provided in RCW 82.14.230, this sales and use tax shall not apply to natural or manufactured gas. This sales and use tax shall not apply to the sales of retail services as defined in RCW 82.04.050(3)(c) through (3)(t), (5)(c), and (5)(d). The rate of such tax imposed by a county shall be five-tenths of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax). The rate of such tax imposed by a city shall not exceed five-tenths of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax)((: PROVIDED, HOWEVER, That)). In the event a county shall impose a sales and use tax under this subsection, the rate of such tax imposed under this subsection by any city therein shall not exceed four hundred and twenty-five one-thousandths of one percent.

(2) Subject to the enactment into law of the 1982 amendment to RCW 82.02.020 by section 5, chapter 49, Laws of 1982 1st ex. sess., in addition to the tax authorized in subsection (1) of this section, the governing body of any county or city may by resolution or ordinance impose an additional sales and use tax in accordance with the terms of this chapter. Such additional tax shall be collected upon the same taxable events upon which the tax imposed under subsection (1) of this section is levied. The rate of such additional tax imposed by a county shall be up to five-tenths of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax). The rate of such additional tax imposed by a city shall be up to five-tenths of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax)((: PROVIDED HOWEVER, That)). In the event a county shall impose a sales and use tax under this subsection at a rate equal to or greater than the rate imposed under this subsection by a city within the county, the county shall receive fifteen percent of the city tax((: PROVIDED FURTHER, That)). In the event that the county shall impose a sales and use tax under this subsection at a rate which is less than the rate imposed under this subsection by a city within the county, the county shall receive that amount of revenues from the city tax equal to fifteen percent of the rate of tax imposed by the county under this subsection. The authority to impose a tax under this subsection is intended in part to compensate local government for any losses from the phase-out of the property tax on business inventories.

Sec. 121. RCW 82.14.045 and 1991 c 363 s 158 are each amended to read as follows:

(1) The legislative body of any city pursuant to RCW 35.92.060, of any county which has created an unincorporated transportation benefit area pursuant to RCW 36.57.100 and 36.57.110, of any public transportation benefit area pursuant to RCW 36.57A.080 and 36.57A.090, of any county transportation authority established pursuant to chapter 36.57 RCW, and of any metropolitan municipal corporation within a county with a population of one million or more pursuant to chapter 35.58 RCW, may, by resolution or ordinance for the sole purpose of providing funds for the operation, maintenance, or capital needs of public transportation systems and in lieu of the excise taxes authorized by RCW 35.95.040, submit an authorizing proposition to the voters or include such authorization in a proposition to perform the function of public transportation and if approved by a majority of persons voting thereon, fix and impose a sales and use tax in accordance with the terms of this chapter: PROVIDED, That no such legislative body shall impose such a sales and use tax without submitting such an authorizing proposition to the voters and obtaining the approval of a majority of persons voting thereon: PROVIDED FURTHER, That where such a proposition is submitted by a county on behalf of an unincorporated transportation benefit area, it shall be voted upon by the voters residing within the boundaries of such unincorporated transportation benefit area and, if approved, the sales and use tax shall be imposed only within such area. Notwithstanding any provisions of this section to the contrary, any county in which a county public transportation plan has been adopted pursuant to RCW 36.57.070 and the voters of such county have authorized the imposition of a sales and use tax pursuant to the provisions of section 10, chapter 167, Laws of 1974 ex. sess., prior to July 1, 1975, shall be authorized to fix and impose a sales and use tax as provided in this section at not to exceed the rate so authorized without additional approval of the voters of such county as otherwise required by this section.

The tax authorized pursuant to this section shall be in addition to the tax authorized by RCW 82.14.030 and shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within such city, public transportation benefit area, county, or metropolitan municipal corporation as the case may be, except that no tax on retail services, as the term is defined in RCW 82.04.050(3)(c) through (3)(t), (5)(c), and (5)(d), may be imposed under this section. The rate of such tax shall be one-tenth, two-tenths, three-tenths, four-tenths, five-tenths, or six-tenths of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax). The rate of such tax shall not exceed the rate authorized by the voters unless such increase shall be similarly approved.

(2)(a) In the event a metropolitan municipal corporation shall impose a sales and use tax pursuant to this chapter no city, county which has created an unincorporated transportation benefit area, public transportation benefit area authority, or county transportation authority wholly within such metropolitan municipal corporation shall be empowered to levy and/or collect taxes pursuant to RCW 35.58.273, 35.95.040, and/or 82.14.045, but nothing herein shall prevent such city or county from imposing sales and use taxes pursuant to any other authorization.

(b) In the event a county transportation authority shall impose a sales and use tax pursuant to this section, no city, county which has created an unincorporated transportation benefit area, public transportation benefit area, or metropolitan municipal corporation, located within the territory of the authority, shall be empowered to levy or collect taxes pursuant to RCW 35.58.273, 35.95.040, or 82.14.045.

(c) In the event a public transportation benefit area shall impose a sales and use tax pursuant to this section, no city, county which has created an unincorporated transportation benefit area, or metropolitan municipal corporation, located wholly or partly within the territory of the public transportation benefit area, shall be empowered to levy or collect taxes pursuant to RCW 35.58.273, 35.95.040, or 82.14.045.

(3) Any local sales and use tax revenue collected pursuant to this section by any city or by any county for transportation purposes pursuant to RCW 36.57.100 and 36.57.110 shall not be counted as locally generated tax revenues for the purposes of apportionment and distribution, in the manner prescribed by chapter 82.44 RCW, of the proceeds of the motor vehicle excise tax authorized pursuant to RCW 35.58.273.

Sec. 122. RCW 82.14.048 and 1991 c 207 s 1 are each amended to read as follows:

The governing board of a public facilities district under chapter 36.100 RCW may submit an authorizing proposition to the voters of the district, and if the proposition is approved by a majority of persons voting, fix and impose a sales and use tax in accordance with the terms of this chapter.

The tax authorized in this section shall be in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the public facilities district. This sales and use tax shall not apply to the sales of retail services as defined in RCW 82.04.050(3)(c) through (3)(t), (5)(c), and (5)(d). The rate of tax shall equal one-tenth of one percent of the selling price in the case of a sales tax, or value of the article used, in the case of a use tax.

Moneys received from any tax imposed under this section shall be used for the purpose of providing funds for the costs associated with the financing, design, acquisition, construction, equipping, operating, maintaining, and reequipping of sports or entertainment facilities and contiguous parking.

Sec. 123. RCW 82.14.340 and 1991 c 311 s 5 and 1991 c 301 s 16 are each amended and reenacted to read as follows:

The legislative authority of any county with a population of two hundred thousand or more, any county located east of the crest of the Cascade mountains with a population of one hundred fifty thousand or more, and any other county with a population of one hundred fifty thousand or more that has had its population increase by at least twenty-four percent during the preceding nine years, as certified by the office of financial management for the first day of April of each year, may and, if requested by resolution of the governing bodies of cities in the county with an aggregate population equal to or greater than fifty percent of the total population of the county, as last determined by the office of financial management, shall submit an authorizing proposition to the voters of the county and if approved by a majority of persons voting, fix and impose a sales and use tax in accordance with the terms of this chapter.

The tax authorized in this section shall be in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within such county. This sales and use tax shall not apply to the sales of retail services as defined in RCW 82.04.050(3)(c) through (3)(t), (5)(c), and (5)(d). The rate of tax shall equal one-tenth of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax).

When distributing moneys collected under this section, the state treasurer shall distribute ten percent of the moneys to the county in which the tax was collected. The remainder of the moneys collected under this section shall be distributed to the county and the cities within the county ratably based on population as last determined by the office of financial management. In making the distribution based on population, the county shall receive that proportion that the unincorporated population of the county bears to the total population of the county and each city shall receive that proportion that the city incorporated population bears to the total county population.

Moneys received from any tax imposed under this section shall be expended exclusively for criminal justice purposes and shall not be used to replace or supplant existing funding. Criminal justice purposes are defined as activities that substantially assist the criminal justice system, which may include circumstances where ancillary benefit to the civil justice system occurs. Existing funding for purposes of this subsection is defined as calendar year 1989 actual operating expenditures for criminal justice purposes. Calendar year 1989 actual operating expenditures for criminal justice purposes exclude the following: Expenditures for extraordinary events not likely to reoccur, changes in contract provisions for criminal justice services, beyond the control of the local jurisdiction receiving the services, and major nonrecurring capital expenditures. Moneys received by the county and the cities within the county from any tax imposed under this section may be expended for domestic violence community advocates, as defined in RCW 70.123.020, if, prior to July 28, 1991, and prior to approval of the voters, the legislative authority of the county, which submitted an authorizing proposition to the voters of the county, adopted by ordinance a financial plan that included expenditure of a portion of the moneys received for domestic violence community advocates.

This section expires January 1, 1994.

Sec. 124. RCW 81.104.170 and 1992 c 101 s 28 are each amended to read as follows:

Cities that operate transit systems, county transportation authorities, metropolitan municipal corporations, public transportation benefit areas, and regional transit authorities may submit an authorizing proposition to the voters and if approved by a majority of persons voting, fix and impose a sales and use tax in accordance with the terms of this chapter, solely for the purpose of providing high capacity transportation service.

The tax authorized pursuant to this section shall be in addition to the tax authorized by RCW 82.14.030 and shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the taxing district. This sales and use tax shall not apply to the sales of retail services as defined in RCW 82.04.050(3)(c) through (3)(t), (5)(c), and (5)(d). The maximum rate of such tax shall be approved by the voters and shall not exceed one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax). The maximum rate of such tax that may be imposed shall not exceed nine-tenths of one percent in any county that imposes a tax under RCW 82.14.340, or within a regional transit authority if any county within the authority imposes a tax under RCW 82.14.340."

POINT OF INQUIRY

Senator McDonald: "Senator Rinehart, this is taking away the local money--what you are counting on for some local criminal justice. From whence does it come now?"

Senator Rinehart: "It comes from the remainder of the taxes in the bill. The total will be ninety million dollars for criminal justice. The entire package will raise six hundred and eighteen million dollars. That's five hundred twenty-eight to fund the general fund budget and ninety million for criminal justice."

Senator McDonald: "So, the total tax package will now be six hundred and eighteen million?"

Senator Rinehart: "Because we are now funding criminal justice at the state level as opposed to the local level."

Senator McDonald: "Thank you."

The President declared the question before the Senate to be the adoption of the amendment by Senator Rinehart on page 25, after line 9, to Substitute Senate Bill No. 5967.

The motion by Senator Rinehart carried and the amendment was adopted.

MOTION

Senator Rinehart moved that the following amendment be adopted:

On page 26, after line 10, insert the following:

"Sec. 121. RCW 82.04.290 and 1985 c 32 s 3 are each amended to read as follows:

Upon every person engaging within this state in any business activity other than or in addition to those enumerated in RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255, 82.04.260, 82.04.270, and 82.04.280; as to such persons the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of 1.50 percent on persons engaging in banking, loan, security, or other financial businesses, from investments or the use of moneys as such, and by the rate of 2.00 percent on all other businesses. This section includes, among others, and without limiting the scope hereof (whether or not title to materials used in the performance of such business passes to another by accession, confusion or other than by outright sale), persons engaged in the business of rendering any type of service which does not constitute a "sale at retail" or a "sale at wholesale." The value of advertising, demonstration, and promotional supplies and materials furnished to an agent by his principal or supplier to be used for informational, educational and promotional purposes shall not be considered a part of the agent's remuneration or commission and shall not be subject to taxation under this section."

Renumber the sections consecutively and correct internal references accordingly.

Senator McDonald 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 Rinehart on page 26, after line 10, to Substitute Senate Bill No. 5967.

ROLL CALL

The Secretary called the roll and the amendment was adopted by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.

MOTIONS

On motion of Senator Rinehart, the following amendments were considered simultaneously and were adopted:

On page 27, line 5, strike "and 82.60.040" and insert "((and 82.60.040))

On page 29, line 26, strike "and 82.61.030" and insert "((and 82.61.030))

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

On page 41, beginning on line 13, strike "miscellaneous tax division of the"

MOTIONS

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

On page 61, after line 2, strike all material down through line 11 on page 63 and insert the following:

"NEW SECTION. Sec. 601. A new section is added to chapter 48.14 RCW to read as follows:

(1) As used in this section, "taxpayer" means a health maintenance organization, as defined in RCW 48.46.020, a health care service contractor, as defined in RCW 48.44.010, or a certified health plan certified under section 335 of chapter ..... Laws of 1993 (E2SSB 5304).

(2) Each taxpayer shall pay a tax on or before the first day of March of each year to the state treasurer through the insurance commissioner's office. The tax shall be equal to the total amount of all premiums and prepayments for health care services received by the taxpayer during the preceding calendar year multiplied by the rate of two percent.

(3) Taxpayers shall prepay their tax obligations under this section. The minimum amount of the prepayments shall be percentages of the taxpayer's tax obligation for the preceding calendar year recomputed using the rate in effect for the current year. For the prepayment of taxes due during the first calendar year, the minimum amount of the prepayments shall be percentages of the taxpayer's tax obligation that would have been due had the tax been in effect during the previous calendar year. The tax prepayments shall be paid to the state treasurer through the commissioner's office by the due dates and in the following amounts:

(a) On or before June 15, forty-five percent;

(b) On or before September 15, twenty-five percent;

(4) For good cause demonstrated in writing, the commissioner may approve an amount smaller than the preceding calendar year's tax obligation as recomputed for calculating the health maintenance organization's prepayment obligations for the current tax year.

(5) Moneys collected under this section shall be deposited in the general fund.

(6) A credit is allowed against the tax imposed in this section equal to the amount of any tax paid under section 301 of chapter ..... Laws of 1993 (E2SSB 5304) during the same calendar year.

NEW SECTION. Sec. 602. A new section is added to chapter 82.04 RCW to read as follows:

This chapter does not apply to any health maintenance organization, health care service contractor, or certified health plan in respect to premiums or prepayments that are taxable under section 601 of this act."

Renumber the sections consecutively and correct any internal references accordingly.

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

On page 68, line 19, after "82.08.060." insert "Collection agencies that are paid by commissions may collect the tax imposed under this chapter from the person owing or alleged to owe a claim as a collection cost in lieu of collecting the tax from the buyer."

MOTION

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

On page 74, line 19, strike "through 603" and insert "and 602"

MOTION

Senator Nelson moved that the following amendments be considered simultaneously and be adopted:

By Senator McDonald

On page 5, beginning on line 1, strike all material through and including "services;"

Renumber remaining subsections accordingly.

By Senator Roach

On page 5, after line 1, strike all material through and including "services;" on line 5

Renumber remaining subsections accordingly.

By Senator McDonald

On page 5, after line 18, strike all material through and including "made;" on line 22

Renumber remaining subsections accordingly.

By Senator Roach

On page 5, after line 22, strike all material through and including "services;" on line 24.

Renumber remaining subsections accordingly.

By Senator Roach

On page 5, after line 24, strike all material through and including "designing;" on line 27

Renumber remaining subsections accordingly.

By Senator Roach

On page 5, after line 27, strike all material through and including "architecture;" on line 29

Renumber remaining subsections accordingly.

By Senator Deccio

On page 5, after line 29, strike all material through and including "lobbying;" on line 37

Renumber remaining subsections accordingly.

By Senator McCaslin

On page 5, after line 37, strike all material through and including "services;" on page 6, line 3

Renumber remaining subsections accordingly.

By Senator McDonald

On page 6, after line 3, strike all material through and including "advertising;" on line 7

Renumber remaining subsections accordingly.

By Senator McCaslin

On page 6, after line 7, strike all material through and including "operator;" on line 8

Renumber remaining subsections accordingly.

By Senator Sellar

On page 6, line 9, after "(p)" strike "Boat, railroad," and insert "Railroad"

By Senator Nelson

On page 6, line 9, after "Boat" strike ", railroad,"

By Senator Barr

On page 6, after line 10, strike all material through and including "Surveying;" on line 11

Renumber remaining subsections accordingly.

By Senator Deccio

On page 6, after line 11, strike all material through and including "services;" on line 14

Renumber remaining subsections accordingly.

By Senator Amondson

On page 6, line 14, after "services;" insert "and"

On page 6, line 38, after "similar trusts" strike all material through "services" on page 7, line 2

By Senator West

On page 7, line 30, after "Water" insert ";

(i) Security broker services"

By Senator West

On page 7, line 30, after "water" insert ";

(i) Photographic studios"

By Senator Sellar

On page 7, line 30, after "water" insert ";

(i) Motion pictures"

By Senator Nelson

On page 7, after line 32, strike all material through and including "others;" on line 36

Renumber remaining subsections accordingly.

By Senators Nelson, West and Winsley

On page 7, after line 37, strike all material through and including "services;" on line 38

Renumber remaining subsections accordingly.

By Senator Roach

On page 8, beginning on line 2, strike "beauty and barber services,"

On page 8, line 4, after "including" insert "beauty and barber services and"

By Senator Moyer

On page 8, line 2, after "beauty and barber services," strike "tanning services,"

On page 8, line 4, after "including" insert "tanning salons and"

By Senator Moyer

On page 8, line 3, after "dating services," strike "and health clubs or spa services,"

On page 8, line 4, after "including" insert "health clubs or spa services and"

By Senator West

On page 34, beginning on line 1, strike all material down through line 27, on page 45

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

By Senator Bluechel

On page 46, beginning on line 1, strike all material down through line 26, on page 60

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

On page 74, strike all of lines 17 and 18 and renumber the subsections accordingly.

By Senator McDonald

On page 61, beginning on line 1, strike all material down through line 12, on page 63

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

On page 74, strike all of lines 19 and 20 and renumber the subsections accordingly.

By Senator McDonald

On page 64, beginning on line 1, strike all material down through line 10, on page 65

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

By Senator McDonald

On page 74, strike all of line 21

Renumber the remaining subsection accordingly.

By Senator Cantu

On page 71, beginning on line 1, strike all material down through line 3, on page 73

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

By Senator Anderson

On page 5, after line 5, strike all material through and including "services;" on line 13

Renumber remaining subsections accordingly.

By Senator Anderson

On page 5, after line 13, strike all material through and including "commission;" on line 18

Renumber remaining subsections accordingly.

By Senator Hochstatter

On page 6, line 9, after "Boat" strike ", railroad, and air" and insert "and railroad"

Renumber remaining subsections accordingly.

By Senator Hochstatter

On page 7, after line 36, strike all material through and including "businesses;" on line 37

Renumber remaining subsections accordingly.

POINT OF ORDER

Senator Hargrove: "A point of order, Mr. President. I would like to know whether the three minute rule applies to making motions?"

REPLY BY THE PRESIDENT

President Pritchard: "There is not a three minute rule at this time."

MOTION

Senator Jesernig moved to lay on the table the motion by Senator Nelson to consider the group of amendments to Substitute Senate Bill No. 5967.

MOTION

Senator Nelson moved that the question be divided and the amendment by Senator McDonald on page 5, strike all of line 1, be considered separately.

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

The President declared the question before the Senate to be the roll call on the motion by Senator Nelson to divide the question and consider the amendment by Senator McDonald on page 5, strike all of line 1, to Substitute Senate Bill No. 5967.

ROLL CALL

The Secretary called the roll and the motion to divide the question failed by the following vote: Yeas, 21; Nays, 28; Absent, 0; Excused, 0.

Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 21.

Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 28.

MOTION

Senator Nelson moved that the question be divided and the amendment by Senator Roach on page 5, after line 1, be considered separately.

POINT OF ORDER

Senator Vognild: "Mr. President, I rise to a point of order. Since Senator Nelson brought the motion to consider the following amendments himself, under one motion, and now requests that they be divided, I would ask the President to review Reed's Rules 225 and rule whether this is simply a matter of impeding the business of this body."

At 12:48 a.m., and there being no objection, the President declared the Senate to be at ease.

The Senate was called to order at 1:16 a.m. by President Pritchard.

RULING BY THE PRESIDENT

President Pritchard: "In ruling on the point of order raised by Senator Vognild, the President is reluctant to rule that any member is employing tactics to create disorder and impede business at this point.

"In ruling on Senator Nelson's motion to divide the question, Senator Nelson's original motion was to consider a number of amendments in a specified order. Senator Jesernig moved to lay Senator Nelson's motion on the table. Senator Nelson then moved to divide the question and consider the amendment by Senator McDonald on page 5, strike all of line 1, separately, which motion failed.

"Senator Nelson then moved a second time to divide the question, as which point Senator Vognild raised a point of order.

"The President has reviewed Reed's Rules 151, 152 and 153.

"The President believes that Senator Nelson's motion is not in order. The motion to divide determines into how many parts the question should be divided. In this instance, Senator Nelson moved to divide the question into two parts. That motion having failed, the question before the body is now Senator Jesernig's motion to lay Senator Nelson's motion on the table in its entirety."

Senator von Reichbauer demanded a roll call and the demand was sustained.

POINT OF INFORMATION

Senator Nelson: "Mr. President, I have a point of information. With respect to the President's Ruling, in reading Reed's Rule 153, it appears to the maker of the motion that in Rule 153 it says that if the proposition to be considered by the body consists of two distinct propositions, as in the case of my original motion to take a number of amendments in sequence, we have more than two distinct conditions facing the body. We have each one individually and we don't effectively have an opportunity to now address them individually. You have divided one away from a group of others. There are not two distinct positions."

RULING BY THE PRESIDENT

President Pritchard: "Senator, I think you made the division in dividing one and the others. If you see Rule 152, it states--the thing deals with 151, 152 and 153. It says in 152, 'It must be made pursuant to a motion stating precisely the division asked for.' So, the President does not rule in your favor."

The President declared the question before the Senate to be the roll call on the motion by Senator Jesernig to lay on the table the motion by Senator Nelson to consider certain amendments in a specified order to Substitute Senate Bill No. 5967.

ROLL CALL

The Secretary called the roll and the motion to lay the motion on the table carried by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.

MOTIONS

On motion of Senator Rinehart, the following amendments were considered simultaneously and were adopted:

On page 28, line 18, after "chapter" insert the following:

"; or

(e) Acquisition of all new or used machinery, equipment, or other personal property for use in the production of pulp and paper-related products if the plant was in operation prior to 1960 and is located in a county with a population between forty thousand and seventy thousand as last determined by the office of financial management; or

(f) Modernization projects involving construction, acquisition, or upgrading of equipment or machinery, including services and labor, which are commenced after the effective date of this act and are intended to increase the operating efficiency of existing pulp and paper mills or facilities, if the plant was in operation prior to 1960 and is located in a county with a population between forty thousand and seventy thousand as last determined by the office of financial management"

On page 29, after line 23, insert the following:

"Sec. 203. RCW 82.61.020 and 1987 c 497 s 2 are each amended to read as follows:

Application for deferral of taxes under this chapter shall be made before initiation of the construction of the investment project or acquisition of equipment or machinery or plant. Application for deferral of taxes for modernization projects as defined in RCW 82.61.010(4)(d) and (f) shall be made during the calendar year in which construction begins or acquisition of equipment or machinery occurs. The application shall be made to the department in a form and manner prescribed by the department. The application shall contain information regarding the location of the investment project, estimated or actual costs, time schedules for completion and operation, and other information required by the department. The department shall rule on the application within sixty days. A certificate holder shall initiate construction of the investment project within one hundred eighty days of receiving approval from the department and issuance of the tax deferral certificate.

Sec. 204. RCW 82.61.030 and 1987 c 497 s 3 are each amended to read as follows:

Except for eligible projects within the definitions in RCW 82.61.010(4) (c) ((or (d))) through (f), a tax deferral certificate shall only be issued to persons who, on June 14, 1985, are not engaged in manufacturing or research and development activities within this state. For purposes of this section, a person shall not be considered to be engaged in manufacturing or research and development activities where the only activities performed by such person in this state are sales, installation, repair, or promotional activities in respect to products manufactured outside this state. Any person who has succeeded by merger, consolidation, incorporation or any other form or change of identity to the business of a person engaged in manufacturing or research and development activities in this state on June 14, 1985, and any person who is a subsidiary of a person engaged in manufacturing or research and development activities in this state on June 14, 1985, shall also be ineligible to receive a tax deferral certificate."

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

On page 74, after line 2, insert the following:

"NEW SECTION. Sec. 1101. If the revenues generated under this act during the biennium exceed the amounts projected to be generated, the department of revenue shall certify the excess to the state treasurer as soon as the excess is known and the state treasurer shall transfer an amount equal to the excess from the general fund to the budget stabilization account."

Renumber the sections consecutively

MOTION

Senator McDonald moved that the following amendment be adopted:

On page 6, beginning on line 15, strike all of subsection (s) through and including "trusts;" on line 38

Renumber the remaining subsection accordingly

MOTION

Senator Jesernig moved to lay on the table the amendment by Senator McDonald on page 6, beginning on line 15.

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

The President declared the question before the Senate to be the roll call on the motion by Senator Jesernig to lay on the table the amendment by Senator McDonald on page 6, beginning on line 15, to Substitute Senate Bill No. 5967.

ROLL CALL

The Secretary called the roll and the motion to lay the amendment on the table carried by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.

MOTIONS

On motion of Senator Rinehart, the following title amendments were considered simultaneously and were adopted:

On page 1, line 1 of the title, after "82.04.190," insert "82.04.280,"

On page 1, line 4 of the title, after "82.61.010," insert "82.61.020, 82.61.030,"

On page 1, line 4 of the title, before "82.60.050" insert "82.04.290,"

On page 1, line 4 of the title, strike "82.14.020," and insert "82.14.030, 82.14.045, 82.14.048, 82.14.340, 81.104.170"

On page 1, line 14 of the title, strike "adding new sections" and insert "adding a new section"

On motion of Senator Rinehart, the rules were suspended, Engrossed Substitute Senate Bill No. 5967 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF ORDER

Senator Anderson: "Mr. President, a point of order. Could you say what the time is, please?"

REPLY BY THE PRESIDENT

President Pritchard: "I think that is a point of information, but it is right now--looks like it's--a quarter of two or 1:45."

Senator Anderson: "A.M.?"

President Pritchard: "1:46 a.m., yes."

Senator Anderson: "Thank you, Mr. President."

Further debate ensued.

POINT OF ORDER

Senator Gaspard: "A point of order, Mr. President. Senator Anderson rose to a point of information. She has now been recognized beyond the point of information."

Senators Gaspard, Snyder and Wojahn demanded the previous question.

The President declared the question before the Senate to be the demand for the previous question.

The motion for the previous question carried on a rising vote.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5967.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5967 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

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

Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hargrove, Haugen, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Skratek, Smith, L., von Reichbauer, West and Winsley - 24.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5967, 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 seventh order of business.

MOTION

On motion of Senator Jesernig, the Senate resumed consideration of Substitute Senate Bill No. 5968, which was considered earlier today.

THIRD READING

SUBSTITUTE SENATE BILL NO. 5968 by Senate Committee on Ways and Means (originally sponsored by Senators Rinehart and Gaspard) (by request of Office of Financial Management)

Making appropriations.

The bill was read the third time and placed on final passage.

MOTION TO LIMIT DEBATE

Senator Jesernig: "Mr. President, I move that the members of the Senate be allowed to speak only once and be limited to three minutes on each motion or amendment, except that the mover of the motion shall be allowed to open and close debate, and also that members be prohibited from yielding their time. This motion shall be in effect through April 25, 1993."

The President declared the question before the Senate to be the motion by Senator Jesernig to limit debate.

The motion by Senator Jesernig carried and debate was limited to three minutes through April 25, 1993.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5968.

Debate ensued.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5968 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.

Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 27.

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

SUBSTITUTE SENATE BILL NO. 5968, 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 2:02 a.m., on motion of Senator Jesernig, the Senate adjourned until 12:00 noon, Friday, April 2, 1993.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate