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THIRTY-SIXTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, February 14, 1994
The Senate was called to order at 8:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Anderson, Bluechel, Cantu, Deccio, Erwin, Ludwig, McAuliffe, McCaslin, McDonald, Moyer, Niemi, Owen, Pelz, Prince, Rasmussen, Skratek, Linda Smith, Talmadge and West. On motion of Senator Oke, Senators Anderson, Bluechel, Cantu, Deccio, Erwin, McCaslin, McDonald, Moyer, Prince, Linda Smith and West were excused. On motion of Senator Loveland, Senators Niemi, Owen, Pelz and Skratek were excused.
The Sergeant at Arms Color Guard, consisting of Pages Brenna Brandsma and Thomas Haggerty, presented the Colors. Reverend Kathryn Everett, pastor of the First United Methodist Church of Olympia, offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
February 11, 1994
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1182,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1940,
ENGROSSED HOUSE BILL NO. 2161,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2163,
SUBSTITUTE HOUSE BILL NO. 2164,
SUBSTITUTE HOUSE BILL NO. 2180,
SECOND SUBSTITUTE HOUSE BILL NO. 2210,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2256,
SECOND SUBSTITUTE HOUSE BILL NO. 2359,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2660,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2676,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2798,
SUBSTITUTE HOUSE BILL NO. 2813, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
February 12, 1994
MR. PRESIDENT:
The House has passed:
ENGROSSED HOUSE BILL NO. 2453,
SUBSTITUTE HOUSE BILL NO. 2582,
SUBSTITUTE HOUSE BILL NO. 2614,
SECOND SUBSTITUTE HOUSE BILL NO. 2616,
HOUSE BILL NO. 2619,
HOUSE BILL NO. 2743,
SUBSTITUTE HOUSE BILL NO. 2760,
HOUSE BILL NO. 2791,
HOUSE BILL NO. 2867, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
ESHB 1182 by House Committee on Education (originally sponsored by Representatives Brumsickle, Karahalios, Dorn, Chandler, Peery, G. Cole, Zellinsky, Chappell, Jacobsen, Basich, Carlson, Wood, B. Thomas, Brough, Cothern, Van Luven, Johanson, Shin, Jones, Morton, Ballard, Padden, Fuhrman, Sheahan, Talcott, Schoesler, Long, Eide, Flemming, Wang, Horn, Mielke, Tate, Springer, Cooke, Dyer, Leonard, Foreman, Vance, Pruitt and Finkbeiner)
Allowing retired teachers to work in educational institutions for ninety days per school year without a reduction in benefits.
Referred to Committee on Education.
ESHB 1940 by House Committee on Fisheries and Wildlife (originally sponsored by Representatives Orr, King, Springer and Morris)
Establishing fishing guide licenses for Oregon residents.
Referred to Committee on Natural Resources.
EHB 2161 by Representatives Conway, King, Veloria, Heavey, Campbell, Orr, Wineberry, J. Kohl, Chappell and Anderson
Prohibiting disciplining public employees because of labor disputes.
Referred to Committee on Labor and Commerce.
ESHB 2163 by House Committee on Human Services (originally sponsored by Representatives Ogden, Silver, Valle, Dunshee, Fuhrman, Carlson, H. Myers and Leonard) (by request of Legislative Budget Committee)
Providing for assessment of residential habilitation center residents.
Referred to Committee on Health and Human Services.
SHB 2164 by House Committee on Human Services (originally sponsored by Representatives Sommers, Ogden, H. Myers and Leonard) (by request of Legislative Budget Committee)
Repealing the permanent establishment of residential habilitation centers.
Referred to Committee on Ways and Means.
SHB 2180 by House Committee on Judiciary (originally sponsored by Representatives H. Myers, Ogden, Thibaudeau and J. Kohl)
Revising provisions relating to appointment of guardians ad litem.
Referred to Committee on Health and Human Services.
2SHB 2210 by House Committee on Appropriations (originally sponsored by Representatives Cothern, L. Johnson, Sommers, J. Kohl, Jacobsen, Ogden, Rust, Ballasiotes, Long and Wang)
Creating a thirtieth community and technical college district.
Referred to Committee on Higher Education.
ESHB 2256 by House Committee on State Government (originally sponsored by Representatives Valle, Shin, Sheldon, Flemming, Springer, Johanson, Wineberry, Campbell, Veloria, Conway, J. Kohl and Morris)
Creating the office of Washington state trade representative.
Referred to Committee on Trade, Technology and Economic Development.
2SHB 2359 by House Committee on Appropriations (originally sponsored by Representatives Cooke, Patterson, Mielke, Basich, Ballard, Linville, L. Thomas, Long, Horn, Sommers, Sehlin, Dorn, Brumsickle, Foreman, Wineberry, Brough, Talcott, Van Luven, Sheahan, Fuhrman, Edmondson, B. Thomas, Caver, Wood, Forner, Schoesler, Silver, Padden, Dyer, Dunshee, Backlund, Chandler, Quall, Jones, Shin, Eide, Tate and McMorris)
Creating a job placement program for public assistance recipients.
Referred to Committee on Health and Human Services.
EHB 2453 by Representatives Dunshee, Cooke, L. Johnson and Cothern
Establishing a mental health service delivery systems pilot project.
Referred to Committee on Health and Human Services.
SHB 2582 by House Committee on Revenue (originally sponsored by Representatives Sheldon and Holm)
Affecting leasehold excise taxes.
Referred to Committee on Ways and Means.
SHB 2614 by House Committee on Commerce and Labor (originally sponsored by Representatives King, Lisk, G. Cole, Foreman, Chandler, Brough, Dyer, Silver and Van Luven)
Allowing self-insured employers to close disability claims after July 1990.
Referred to Committee on Labor and Commerce.
2SHB 2616 by House Committee on Capital Budget (originally sponsored by Representatives Linville, Horn, Rust, Foreman, Kremen, B. Thomas, Roland, Van Luven, Basich, Karahalios, Holm, Hansen, L. Johnson, Peery, J. Kohl, Bray, Flemming, Pruitt, Edmondson, Forner, Valle, Shin, R. Meyers, Ogden, Dunshee, Wolfe, Sheldon, Jones, Brough, Sheahan, Romero, Chappell, Dyer, Springer, King, Cothern and Long)
Directing the department of health to test ground water in order to seek waivers under the safe drinking water act.
Referred to Committee on Ecology and Parks.
HB 2619 by Representatives Schmidt, Zellinsky, Wood, Kremen and J. Kohl
Encouraging alternative fuel in taxicabs.
Referred to Committee on Transportation.
ESHB 2660 by House Committee on Judiciary (originally sponsored by Representatives Anderson and Reams) (by request of Secretary of State)
Concerning corporations that may make assessments based on real property value.
Referred to Committee on Law and Justice.
ESHB 2676 by House Committee on Appropriations (originally sponsored by Representatives Dunshee, Reams, Anderson, Patterson, Bray, R. Meyers, Basich, Johanson, Pruitt, Ogden, Wolfe, G. Cole, Moak, Valle, H. Myers, Kremen, Silver, Kessler, Conway, Cothern, Morris, Rayburn and J. Kohl) (by request of Governor Lowry)
Restructuring boards, committees, commissions, and councils.
Referred to Committee on Government Operations.
HB 2743 by Representatives Sommers, Silver, Dorn and King (by request of Superintendent of Public Instruction and Office of Financial Management)
Changing provisions relating to health services provided by school districts.
Referred to Committee on Ways and Means.
SHB 2760 by House Committee on Transportation (originally sponsored by Representatives R. Fisher, Zellinsky, Schmidt, Wood, Sheldon, R. Meyers, Jones, Sehlin and Kessler)
Authorizing sales tax equalization for transit systems.
Referred to Committee on Transportation.
HB 2791 by Representatives R. Johnson, Dyer, L. Thomas, B. Thomas, Foreman, Forner and Silver
Revising provisions relating to nursing home cost reports and audits.
Referred to Committee on Health and Human Services.
E2SHB 2798 by House Committee on Appropriations (originally sponsored by Representatives Sommers, Thibaudeau, Cooke, Peery, Silver, Dorn, R. Meyers, Talcott, Valle, Carlson, Dunshee, Linville, Rust, Ballasiotes, Sehlin, Jacobsen, Foreman, Wolfe, Wineberry, Mastin, G. Fisher, Grant, Campbell, Brough, L. Thomas, B. Thomas, Lisk, McMorris, Chandler, Wood, Schoesler, Sheldon, Rayburn, Kremen, Brumsickle, Holm, Roland, Pruitt, Jones, Flemming, Horn, Kessler, Long, Shin, Moak, Finkbeiner, Quall, Conway, Springer, Tate, Mielke and Johanson)
Making major changes to the welfare system.
Referred to Committee on Health and Human Services.
SHB 2813 by House Committee on Commerce and Labor (originally sponsored by Representatives Romero, Veloria, Caver, Wolfe and Bray) (by request of Department of General Administration)
Revising provisions relating to public works contracts with the state.
Referred to Committee on Government Operations.
HB 2867 by Representatives Kessler, Chandler, Kremen, Finkbeiner, Long, Casada, Bray and Foreman
Exempting federally licensed dams from state regulation.
Referred to Committee on Energy and Utilities.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Adam Smith, Gubernatorial Appointment No. 9329, Seth Dawson, as a member of the Sentencing Guidelines Commission, was confirmed.
CONFIRMATION OF SETH DAWSON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 30; Nays, 0; Absent, 4; Excused, 15.
Voting yea: Senators Amondson, Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Moore, Morton, Nelson, Newhouse, Oke, Prentice, Quigley, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Vognild, Williams, Winsley and Wojahn - 30.
Absent: Senators Ludwig, McAuliffe, Rasmussen, M. and Talmadge - 4.
Excused: Senators Anderson, Bluechel, Cantu, Deccio, Erwin, McCaslin, McDonald, Moyer, Niemi, Owen, Pelz, Prince, Skratek, Smith, L. and West - 15.
MOTION
On motion of Senator Bauer, Gubernatorial Appointment No. 9310, Scott D. Oki, as a member of the Board of Regents for the University of Washington, was confirmed.
MOTION
On motion of Senator Drew, Senators Ludwig and Talmadge were excused.
CONFIRMATION OF SCOTT D. OKI
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 36; Nays, 0; Absent, 0; Excused, 13.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, Moore, Morton, Nelson, Newhouse, Oke, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Vognild, Williams, Winsley and Wojahn - 36.
Excused: Senators Cantu, Erwin, Ludwig, McCaslin, McDonald, Moyer, Niemi, Owen, Prince, Skratek, Smith, L., Talmadge and West - 13.
MOTION
At 8:22 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 10:27 a.m. by President Pritchard.
MOTION
On motion of Senator Spanel, the Senate advanced to the eight order of business.
MOTION
On motion of Senator Wojahn, the following resolution was adopted:
SENATE RESOLUTION 1994-8666
By Senators Wojahn, Ludwig, McAuliffe, Haugen, Williams, Spanel and Sheldon
WHEREAS, The Senate finds and declares that the academic studies students undertake in school are the fundamental reason for the commitment of our government and people to education; and
WHEREAS, Knowledge of history is of basic importance to an informed citizenry within a nation whose societal, political and judicial processes operate with constant reference to the past; and
WHEREAS, Innovative and successful programs to interest students in history should be recognized and encouraged; and
WHEREAS, Students from the state of Washington participate each year in just such an innovative program, the annual National History Day competition; and
WHEREAS, Washington State students, guided by dedicated and enthusiastic teachers and aided by their parents or guardians, consistently have attained the highest ranks in the National History Day competition; and
WHEREAS, In 1993, a number of students won first and second places at the Washington State contest and went on to represent our state at the contest in Washington, D.C.:
o Lee Witscher, Arlington Post Middle School;
o Samar Al-Bulushi, Emily Brand, Hoku Gearheard, Caitlin Gerdts, Tracy Nishimura, Michael O'Connor, Kate Pettit, Erik Sperling, and Windy Wilkins, Commodore Middle School, Bainbridge Island;
o Aaron Duke, Peter Forshall, Scott Furlan, Rick Hill, and Joshua Wessel, Olympic High School, Bremerton
o Karlyn Bott, Aysha Cromeenes, Marcella Dokson, Jennifer Moehl, Lindsey Peterson, Jeri Regan, Ginger Stratton, Geoffrey Tamman, Michelle Taylor, Jody Tiffany, Scott Whipple and Robb Williamson, Burlington Schools;
o Carly Althauser, Cassie Althauser, Brenda Belmont, Jama Braden and Katrina Smith, Centralia Middle School;
o Jon Crimmins, Keith Dunnagan, Susan Mathis, Owen Stanwood, and Cody West Coupeville High School
o Althea Cawley-Murphree, Ellensburg Home School;
o Jennifer Drury and Jenny Laukala, Enumclaw High School
o Jeff Whiting, Desert Hills Middle School, Kennewick;
o Franky Huff, Timm Nelson, Brandon Stevens, Steve Van Selus, Centennial Elementary School, Mt. Vernon
o Elizabeth Rivard and Karen Scorup, Othello High School
o Leann White and Kyrsten Stoops, Lewis and Clark Elementary School, Richland
o Jennifer Kiest, Shorecrest High School, Seattle
o Carrie Terpstra, Shorewood High School, Seattle
o Nathanael O'Hara, Sequim High School
o Erin Wagner, Snohomish High School
o Amy Johnson and Jessica Hunn, Spanaway Lake High School;
o Cecilia Thompson, Enumclaw Jr. High School
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize the achievements of these students, their teachers, and parents, and extend heartfelt congratulations and appreciation on behalf of the citizens of the state of Washington; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate transmit copies of this resolution to these honored students and the administrators of their schools.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the National History Day winners who were seated in the gallery.
MOTION
On motion of Senator Spanel, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 6373, by Senators A. Smith, Nelson, Oke and Haugen
Imposing liability for smoking in nonsmoking accommodations or lodgings.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 6373 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6373.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6373 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Cantu and McCaslin - 2.
SENATE BILL NO. 6373, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
2
SENATE BILL NO. 6046, by Senators A. Smith, Nelson, Quigley, Erwin, Winsley, Haugen, Pelz, Oke, McAuliffe and Roach
Making the third offense for driving or physical control of a vehicle while under the influence a felony.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 6046 was substituted for Senate Bill No. 6046 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Adam Smith, the rules were suspended, Substitute Senate Bill No. 6046 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6046.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6046 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Cantu and McCaslin - 2.
SUBSTITUTE SENATE BILL NO. 6046, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
INTRODUCTION OF SPECIAL GUEST
The President introduced and welcomed United States Congressman Al Swift who was seated on the rostrum.
With permission of the Senate, business was suspended to permit Congressman Swift to address the Senate.
SECOND READING
SENATE BILL NO. 6047, by Senators A. Smith, Quigley and Oke
Revising provisions relating to crimes involving alcohol, drugs, or mental problems.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 6047 was substituted for Senate Bill No. 6047 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Adam Smith, the rules were suspended, Substitute Senate Bill No. 6047 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6047.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6047 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Winsley and Wojahn - 39.
Voting nay: Senators Moore, Morton, Newhouse, Niemi, Rinehart, Skratek, Vognild and Williams - 8.
Absent: Senator Deccio - 1.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6047, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6255, by Senators Talmadge, Wojahn, Haugen, Winsley and McAuliffe (by request of Attorney General)
Changing provisions relating to children removed from the custody of parents.
MOTIONS
On motion of Senator Talmadge, Second Substitute Senate Bill No. 6255 was substituted for Senate Bill No. 6255 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the following amendment by Senators Hargrove and Talmadge was adopted:
On page 14, line 11, after "court" strike "may" and insert "shall"
MOTION
On motion of Senator Talmadge, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6255 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6255.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6255 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator McCaslin - 1.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6255, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6303, by Senators Quigley, Haugen, Snyder, McAuliffe, Roach, Franklin, McDonald, Hargrove, Pelz, Bauer, Wojahn, Williams, Prentice, Sheldon, Loveland, Skratek, Owen, Ludwig, Sutherland, A. Smith, Winsley, Spanel, West, Moyer, Vognild, M. Rasmussen, Oke, Anderson and Drew
Providing for the elimination of state boards and commissions.
MOTIONS
On motion of Senator Drew, Substitute Senate Bill No. 6303 was substituted for Senate Bill No. 6303 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Quigley, the following amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature declares there has been an excessive proliferation of boards and commissions within state government. These boards and commissions are often created without legislative review or input and without an assessment of whether there is a resulting duplication of purpose or process. Once created, they frequently duplicate the duties of existing governmental entities, create additional expense, and obscure responsibility. It has been difficult to control the growth of boards and commissions because of the many special interests involved. Accordingly, the legislature establishes the process in this chapter to eliminate redundant and obsolete boards and commissions and to restrict the establishment of new boards and commissions.
NEW SECTION. Sec. 2. (1) The governor shall conduct a review of all of the boards and commissions identified under section 4 of this act and, by January 1, 1995, submit to the legislature a report recommending which boards and commissions should be terminated or consolidated based upon the criteria set forth in subsection (3) of this section. The report must state which of the criteria were relied upon with respect to each recommendation. The governor shall submit an executive request bill by January 10, 1995, to implement the recommendations by expressly terminating the appropriate boards and commissions and by providing for the transfer of duties and obligations under this section. The governor shall accept and review with special attention recommendations made, not later than June 1, 1994, by the standing committees of the legislature.
(2) In addition to terminations and consolidations under subsection (1) of this section, the governor may recommend the transfer of duties and obligations from a board or commission to another existing state entity.
(3) In preparing his or her report and legislation, the governor shall make an evaluation based upon answers to the questions set forth in this subsection. The governor shall give these criteria priority in the order listed.
(a) Has the mission of the board or commission been completed or ceased to be critical to effective state government?
(b) Does the work of the board or commission directly affect public safety, welfare, or health?
(c) Can the work of the board or commission be effectively done by another state agency without adverse impact on public safety, welfare, or health?
(d) Will termination of the board or commission have a significant adverse impact on state revenue because of loss of federal funds?
(e) Will termination of the board or commission save revenues, be cost neutral, or result in greater expenditures?
(f) Is the work of the board or commission being done by another board, commission, or state agency?
(g) Could the work of the board or commission be effectively done by a nonpublic entity?
(h) Will termination of the board or commission result in a significant loss of expertise to state government?
(i) Will termination of the board or commission result in operational efficiencies that are other than fiscal in nature?
(j) Could the work of the board or commission be done by an ad hoc committee?
NEW SECTION. Sec. 3. The legislature shall consider and enact or not enact the legislation requested by the governor under section 2 of this act in accordance with the rules of each house, except that either house of the legislature may not add to or delete from the list of boards and commissions as requested by the governor unless done so by a unanimous vote of the members voting. The legislature may adopt such technical amendments as are necessary by a majority vote.
NEW SECTION. Sec. 4. The boards and commissions to be reviewed by the governor must be all entities that are required to be included in the list prepared by the office of financial management under RCW 43.88.505, other than entities established under: (1) Constitutional mandate; (2) court order or rule; (3) requirement of federal law; or (4) requirement as a condition of the state or a local government receiving federal financial assistance if, in the judgment of the governor, no other state agency, board, or commission would satisfy the requirement.
NEW SECTION. Sec. 5. A new section is added to chapter 43.88 RCW to read as follows:
(1) A new board or commission not established or required in statute that must be included in the report required by RCW 43.88.505 may not be established between the effective date of this section and December 31, 1997, without the express approval of the director of financial management. The director shall, before the first Monday of January each year, submit to the legislature a list of those boards and commissions that were requested for approval and those that were approved during the preceding calendar year.
(2) Effective July 1, 1995, the total number of boards and commissions approved by the director of financial management may not exceed the difference between the number of boards and commissions terminated under section 2 of this act and any boards and commissions created by the legislature.
NEW SECTION. Sec. 6. A new section is added to chapter 43.88 RCW to read as follows:
When acting on a request to establish a new board or commission under section 5 of this act, the director of the office of financial management shall consider the following criteria giving priority in the order listed:
(1) If approval is critical to public safety, health, or welfare or to the effectiveness of state government;
(2) If approval will not result in duplication of the work or responsibilities of another governmental agency;
(3) If approval will not have a significant impact on state revenues;
(4) If approval is for a limited duration or on an ad hoc basis;
(5) If the work of the board or commission could be effectively done by a nonpublic entity;
(6) If approval will result in significant enhancement of expertise in state government; and
(7) If approval will result in operational efficiencies other than fiscal savings.
NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:
(1) Section 2 of this act;
(2) Section 3 of this act; and
(3) Section 4 of this act.
NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:
(1) Section 1 of this act;
(2) Section 5 of this act; and
(3) Section 6 of this act.
NEW SECTION. Sec. 9. (1) Sections 1 through 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
(2) Section 7 of this act shall take effect December 31, 1995.
(3) Section 8 of this act shall take effect January 1, 1997."
MOTIONS
On motion of Senator Quigley, the following title amendment was adopted:
On page 1, beginning on line 1 of the title, after "commissions;" strike the remainder of the title and insert "adding new sections to chapter 43.88 RCW; creating new sections; providing effective dates; and declaring an emergency."
On motion of Senator Drew, the rules were suspended, Engrossed Substitute Senate Bill No. 6303 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Drew, Senator Ludwig was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6303.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6303 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Ludwig and McCaslin - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6303, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6309, by Senators Vognild and Sellar (by request of Washington State Patrol)
Modifying state patrol funding.
MOTIONS
On motion of Senator Vognild, Substitute Senate Bill No. 6309 was substituted for Senate Bill No. 6309 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Vognild, further consideration of Substitute Senate Bill No. 6309 was deferred.
SECOND READING
SENATE BILL NO. 6561, by Senators Skratek and Bluechel (by request of Department of Trade and Economic Development)
Expanding the marketplace program.
MOTIONS
On motion of Senator Bluechel, Substitute Senate Bill No. 6561 was substituted for Senate Bill No. 6561 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Bluechel, the rules were suspended, Substitute Senate Bill No. 6561 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6561.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6561 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6561, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6141, by Senators Talmadge, Moyer, Gaspard, Sellar, Wojahn and Winsley
Changing the start up date of the new composition for the public employees' benefits board.
The bill was read the second time.
MOTION
On motion of Senator Talmadge, the rules were suspended, Senate Bill No. 6141 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6141.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6141 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator McCaslin - 1.
SENATE BILL NO. 6141, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 6309, deferred earlier today.
MOTIONS
On motion of Senator Vognild, the following amendments were considered simultaneously and were adopted:
On page 1, line 14, following "vehicles," strike "vehicles using dealer plates,"
On page 2, beginning on line 3, strike "vehicles using dealer plates,"
On page 6, following line 4, insert the following:
"Sec. 5. RCW 46.70.061 and 1990 c 250 s 65 are each amended to read as follows:
(1) The annual fees for original licenses issued for twelve consecutive months from the date of issuance under this chapter shall be:
(a) Vehicle dealers, principal place of business for each and every license classification: Five hundred dollars;
(b) Vehicle dealers, each subagency: fifty dollars;
temporary subagency: twenty-five dollars;
(c) Vehicle manufacturers: Five hundred dollars.
(2) The annual fee for renewal of any license issued pursuant to this chapter shall be:
(a) Vehicle dealers, principal place of business for each and every license classification: Two hundred fifty dollars;
(b) Vehicle dealers, each and every subagent: Twenty-five dollars;
(c) Vehicle manufacturers: Two hundred fifty dollars.
If any licensee fails or neglects to apply for such renewal within thirty days after the expiration of the license, or assigned renewal date under a staggered licensing system, the license shall be declared canceled by the director, in which case the licensee will be required to apply for an original license and pay the fee required for the original license.
(3) The fee for the transfer to another location of any license classification issued pursuant to this chapter shall be twenty-five dollars.
(4) The fee for original vehicle dealer license plates shall be thirty-one dollars and thirty-five cents and manufacturer license plates shall be ((the amount required by law for vehicle license plats, exclusive of excise tax, except those specified in RCW 82.44.030, and gross weight and tonnage fees)) thirty-two dollars and eighty-five cents. The fee for renewal vehicle dealer license plates and manufacturer license plates shall be twenty-five dollars and eighty five cents.
(5) All fees collected under this chapter shall be deposited in the state treasury and credited to the motor vehicle fund.
(6) The fees prescribed in this section are in addition to any excise taxes imposed by chapter 82.44 RCW."
Renumber the sections consecutively and correct any internal references accordingly.
On motion of Senator Vognild, the following amendment was adopted:
On page 9, line 11 after "Sec. 8." strike all material through line 15 and insert the following:
"In the event that any court enters a final order invalidating or remanding any section or sections of this act on the grounds that it does not comply with chapter 2, section 13, laws of 1994, it is the intent of the legislature that this measure be submitted to the people for their adoption, ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."
MOTIONS
On motion of Senator Vognild, the following title amendment was adopted:
On page 1, line 2 of the title, after "46.68.035," insert "46.70.061"
On motion of Senator Vognild, the rules were suspended, Engrossed Substitute Senate Bill No. 6309 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Cantu, Senator Bluechel was excused.
POINT OF INQUIRY
Senator Deccio: "Senator Vognild, how many more troopers will this provide than are now being provided under the present system? Is this a round number?"
Senator Vognild: "Yes, it is my understanding that we should be hiring in the neighborhood of sixty to seventy troopers to maintain the ratio of troopers to cars, to drivers, etc, in the next biennium. That is a low number by the way. Without the bill, we not only wouldn't be hiring those, we would be losing thirty and possibly more troopers from the road."
Senator Deccio: "Thank you."
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6309.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6309 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 43.
Voting nay: Senators Amondson, Cantu, McDonald and Smith, L. - 4.
Excused: Senators Bluechel and McCaslin - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6309, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Haugen, Senator Vognild was excused.
SECOND READING
ENGROSSED SUBSTITUTE SENATE BILL NO. 5061, by Committee on Law and Justice (originally sponsored by Senators Fraser, Winsley and A. Smith
Limiting residential time in parenting plans and visitation orders for abusive parents.
The bill was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 5061 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5061.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5061 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 46.
Excused: Senators Bluechel, McCaslin and Vognild - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5061, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Pro Tempore Wojahn assumed the Chair.
SECOND READING
SENATE BILL NO. 6493, by Senators Sutherland, Amondson and Ludwig
Integrating the state energy strategy into statute.
The bill was read the second time.
MOTIONS
On motion of Senator Sutherland, the following Committee on Energy and Utilities amendment was adopted:
On page 5, after line 2, strike everything through line 10 and insert the following:
"The office shall review the state energy strategy as developed under section 1, chapter 201, Laws of 1991, periodically with the guidance of an advisory committee. The advisory committee shall be established in accordance with the membership requirements and procedures set forth in RCW 43.21F.047(1). Upon completion of a public hearing regarding the advisory committee's advice and recommendations for revisions to the energy strategy, a written report shall be conveyed by the office to the governor and the appropriate legislative committees."
On motion of Senator Sutherland, the rules were suspended, Engrossed Senate Bill No. 6493 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6493.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6493 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 8; Absent, 1; Excused, 2.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Williams, Winsley and Wojahn - 38.
Voting nay: Senators Anderson, Hochstatter, Newhouse, Oke, Roach, Schow, Smith, L. and West - 8.
Absent: Senator Rinehart - 1.
Excused: Senators McCaslin and Vognild - 2.
ENGROSSED SENATE BILL NO. 6493, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Oke, Senator Prince was excused.
SECOND READING
SENATE BILL NO. 6568, by Senators Bauer and Skratek
Creating the pension improvement account.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the rules were suspended, Senate Bill No. 6568 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6568.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6568 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.
Absent: Senator McDonald - 1.
Excused: Senators McCaslin and Prince - 2.
SENATE BILL NO. 6568, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6600, by Senators Owen, Skratek, Franklin, McAuliffe, M. Rasmussen, Haugen, Fraser, Sheldon, Moore, Gaspard, Snyder, Sutherland, Oke and Winsley
Relating to an analysis of property tax systems.
MOTIONS
On motion of Senator Owen, Substitute Senate Bill No. 6600 was substituted for Senate Bill No. 6600 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Owen, the rules were suspended, Substitute Senate Bill No. 6600 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6600.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6600 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 12; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 35.
Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, Newhouse, Roach, Schow, Smith, L. and West - 12.
Excused: Senators McCaslin and Prince - 2.
SUBSTITUTE SENATE BILL NO. 6600, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Spanel, the Senate reverted to the third order of business.
MESSAGE FROM THE GOVERNOR
February 10, 1994
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Richard G. Thompson, Jr., appointed February 10, 1994, for a term ending July 1, 1994, as a member of the Transportation Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Transportation.
MOTION
At 12:04 p.m., on motion of Senator Spanel, the Senate recessed until 1:00 p.m.
The Senate was called to order at 1:12 p.m. by President Pritchard.
MOTION
On motion of Senator Spanel, the Senate advanced to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Spanel, Gubernatorial Appointment No. 9425, Barney A. Goltz, as a member of the State Board for Community and Technical Colleges, was confirmed.
Senators Spanel and Anderson spoke to the confirmation of Barney A. Goltz as a member of the State Board for Community and Technical Colleges.
CONFIRMATION OF BARNEY A. GOLTZ
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 8; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Loveland, Ludwig, McAuliffe, McDonald, Morton, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 39.
Absent: Senators Hargrove, Hochstatter, Moore, Moyer, Niemi, Smith, L., West and Winsley - 8.
Excused: Senators McCaslin and Prince - 2.
MOTIONS
On motion of Senator Oke, Senators Hochstatter and Moyer were excused.
On motion of Senator Drew, Senator Moore was excused.
SECOND READING
SENATE BILL NO. 6061, by Senators Vognild, Winsley, Haugen and Sellar
Revising provisions relating to special elections to validate excess levies or bond issues.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 6061 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6061.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6061 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 8; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Anderson, Cantu, Deccio, Drew, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McDonald, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams and Winsley - 37.
Voting nay: Senators Bauer, Bluechel, Erwin, Franklin, Morton, Sheldon, Skratek and Wojahn - 8.
Excused: Senators Hochstatter, McCaslin, Moore and Moyer - 4.
SENATE BILL NO. 6061, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6195, by Senators Prentice, Moore, McAuliffe, West, Franklin, Ludwig, Roach, Fraser, Bauer, Vognild and Pelz
Modifying enforcement authority of the public employment relations commission.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 6195 was substituted for Senate Bill No. 6195 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 6195 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6195.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6195 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 10; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Nelson, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 35.
Voting nay: Senators Anderson, Bluechel, Cantu, Deccio, McDonald, Morton, Newhouse, Oke, Prince and Smith, L. - 10.
Excused: Senators Hochstatter, McCaslin, Moore and Moyer - 4.
SUBSTITUTE SENATE BILL NO. 6195, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6206, by Senators Owen, Oke, Hargrove, Erwin and Haugen
Creating the warm water game fish enhancement program.
MOTIONS
On motion of Senator Owen, Second Substitute Senate Bill No. 6206 was substituted for Senate Bill No. 6206 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Owen, the rules were suspended, Second Substitute Senate Bill No. 6206 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Oke: "Senator Owen, is this money in a dedicated account? There is some concern about that."
Senator Owen: "Yes, as a matter of fact, to me that was one of the most important things that we did last year, and that we are doing with this bill, is that we are placing it into a dedicated account, so that it has to be used, specifically, for the purpose that we have outlined in this bill--and it remained even in the substitute--in a dedicated account."
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6206.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6206 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 10; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Talmadge, West, Williams, Winsley and Wojahn - 37.
Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Morton, Prince, Roach, Smith, L., Sutherland and Vognild - 10.
Excused: Senators Hochstatter and McCaslin - 2.
SECOND SUBSTITUTE SENATE BILL NO. 6206, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6009, by Senators Fraser and Franklin
Modifying waste tire recycling provisions.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 6009 was substituted for Senate Bill No. 6009 and the substitute bill was placed on second reading and read the second time.
Senator Morton moved that the following amendment be adopted:
On page 6, line 25, after "exceed" strike "ten" and insert "eighteen"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Morton on page 6, line 25, to Substitute Senate Bill No. 6009.
The motion by Senator Morton carried and the amendment was adopted.
MOTION
On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 6009 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Bluechel: "Senator Fraser, I see in one part of the bill that it limits retail outlets to two thousand cubic feet of storage space. That is ten by ten by twenty. Some of the retail outlets go through that much space in literally a week or so. What does that require them to do?"
Senator Fraser: "The storage provisions in the bill were developed through a waste tire advisory committee and the whole bill is intended to operate to put pressure on all people in the tire system to be responsible for assuring that the tires they dispose of go to a proper disposal site, which would include selling to users. The person who sells tires and collects waste tires in the process needs to, under this bill, know that they are dealing with a proper disposal agent and that disposal agent needs to be responsible for assuring that they get to a proper site and we don't have these big tire piles growing again."
Senator Bluechel: "A second question, Senator. Is there a tire recycler in the state that actually uses the products from tires or do they have to ship them out of state?"
Senator Fraser: "There are some people in this state who will buy tires; there are some that go down to Oregon and some to other states. It has been a serious problem to develop--to find markets and to encourage markets for the use of waste tires. It has been one of the purposes of at least a little bit of the money from this fee--is to help encourage these markets."
Senator Bluechel: "I'm not sure I got the question answered. Is there a facility in the state that will recycle tires--make them into something else or do the tires have to be shipped out of state?"
Senator Fraser: "One of the big uses of tires is waste to energy, so there are some manufacturing firms in this state who will take these and use them for waste to energy. There are minor reuses of rubber for other rubber products. Marketing is a problem and this bill does encourage further development of markets--and it is a problem."
Senator Bluechel: "Thank you."
POINT OF INQUIRY
Senator Anderson: "Senator Fraser, my question, I guess, is along the lines of Senator Bluechel's. Of the money collected over the last five years, do you know how much money that was--and of that money, how much has actually gone to try to either site some recycling facility or deal with the instream--the final product--rather than just take the tires and shift them around to different places? I think that is the big concern that we are charging people and the money is there, but are we actually finding a different use for them as an end product, rather than shifting them to some other stock piling place?"
Senator Fraser: "I don't have the figures in front of me right now, but the majority of the money, as I understand it, has been used to either clean up the piles and dispose of the tires or to, for example, chipping them down to small sizes. Then, a small part of the money has gone to research market opportunities for this material.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6009.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6009 and the bill failed to pass the Senate by the following vote: Yeas, 20; Nays, 28; Absent, 0; Excused, 1.
Voting yea: Senators Deccio, Franklin, Fraser, Gaspard, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Smith, A., Snyder, Spanel, Talmadge, Williams and Wojahn - 20.
Voting nay: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Drew, Erwin, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Skratek, Smith, L., Sutherland, Vognild, West and Winsley - 28.
Excused: Senator McCaslin - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6009, having failed to receive the constitutional majority, was declared lost.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Amondson served notice that he would move to reconsider the vote by which Engrossed Substitute Senate Bill No. 6009 failed to pass the Senate.
SECOND READING
SENATE BILL NO. 6411, by Senators Sutherland and Ludwig (by request of Utilities and Transportation Commission)
Changing provisions relating to regulation of securities issued by regulated utilities and transportation companies.
The bill was read the second time.
MOTIONS
On motion of Senator Hargrove, the following amendments were considered simultaneously and were adopted:
On page 2, line 28, after "unreasonable.))" insert "(1)"
On page 2, at the beginning of line 33, strike "(1)" and insert "(a)"
On page 2, at the beginning of line 37, strike "(2)" and insert "(b)"
On page 3, at the beginning of line 1, strike "(3)" and insert "(c)"
On page 3, after line 2, insert the following:
"(2) Any armored car service, as defined in RCW 81.80.010, that files the documents required in this section is exempt from any requirement to obtain any further authority under this title or Title 81 RCW solely for purposes of acting in the capacity of an armored car service.
Sec. 2. RCW 81.80.010 and 1989 c 60 s 1 are each amended to read as follows:
The definitions set forth in this section apply throughout this chapter.
(1) "Person" means and includes an individual, firm, copartnership, corporation, company, or association or their lessees, trustees, or receivers.
(2) "Motor vehicle" means any truck, trailer, semitrailer, tractor, dump truck which uses a hydraulic or mechanical device to dump or discharge its load, or any self-propelled or motor-driven vehicle used upon any public highway of this state for the purpose of transporting property, but not including baggage, mail, and express transported on the vehicles of auto transportation companies carrying passengers.
(3) "Public highway" means every street, road, or highway in this state.
(4) "Common carrier" means any person who undertakes to transport property for the general public by motor vehicle for compensation, whether over regular or irregular routes, or regular or irregular schedules, including motor vehicle operations of other carriers by rail or water and of express or forwarding companies, and excluding armored car services.
(5) "Contract carrier" includes all motor vehicle operators not included under the terms "common carrier" and "private carrier" as herein defined in paragraph (4) and paragraph (6), and further includes any person who under special and individual contracts or agreements transports property by motor vehicle for compensation, but excludes armored car services.
(6) A "private carrier" is a person who transports by his own motor vehicle, with or without compensation therefor, property which is owned or is being bought or sold by such person, or property of which such person is the seller, purchaser, lessee, or bailee where such transportation is incidental to and in furtherance of some other primary business conducted by such person in good faith.
(7) "Motor carrier" means and includes "common carrier," "contract carrier," "private carrier," and "exempt carrier" as herein defined.
(8) "Exempt carrier" means any person operating a vehicle exempted from certain provisions of this chapter under RCW 81.80.040.
(9) "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rail or tracks.
(10) "Commercial zone" means an area encompassing one or more cities or towns and environs adjacent thereto established pursuant to RCW 81.80.400.
(11) "Terminal area" means an area including one or more cities or towns and environs adjacent thereto established pursuant to RCW 81.80.400.
(12) "Common carrier" and "contract carrier" include((s)) persons engaged in the business of providing, contracting for, or undertaking to provide transportation of property for compensation over the public highways of the state of Washington as brokers or forwarders, but do not include armored car services.
(13) "Armored car service" means a company operating primarily to transport currency, coins, negotiable instruments, or precious metals."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On motion of Senator Hargrove, the following title amendment was adopted:
On page 1, line 3 of the title, after "80.08.040," insert "81.80.010,"
MOTION
On motion of Senator Sutherland, the rules were suspended, Engrossed Senate Bill No. 6411 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6411.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6411 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator McCaslin - 1.
ENGROSSED SENATE BILL NO. 6411, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Oke, Senator Linda Smith was excused.
SECOND READING
SUBSTITUTE SENATE BILL NO. 5918, by Senate Committee on Transportation (originally sponsored by Senators Drew, Sellar, Vognild, Bluechel and Winsley)
Allowing ride-sharing incentives to include cars.
MOTIONS
On motion of Senator Vognild, Third Substitute Senate Bill No. 5918 was substituted for Substitute Senate Bill No. 5918 and the third substitute bill was placed on second reading and read the second time.
On motion of Senator Vognild, the rules were suspended, Third Substitute Senate Bill No. 5918 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Third Substitute Senate Bill No. 5918.
ROLL CALL
The Secretary called the roll on the final passage of Third Substitute Senate Bill No. 5918 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators McCaslin and Smith, L. - 2.
THIRD SUBSTITUTE SENATE BILL NO. 5918, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6507, by Senators Vognild, Prince, Morton, Loveland, M. Rasmussen and Winsley
Eliminating a reference to public highways regarding railroad crossings.
MOTIONS
On motion of Senator Vognild, Substitute Senate Bill No. 6507 was substituted for Senate Bill No. 6507 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Vognild, the rules were suspended, Substitute Senate Bill No. 6507 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6507.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6507 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.
Voting nay: Senators Haugen and Prentice - 2.
Absent: Senator Amondson - 1.
Excused: Senators McCaslin and Smith, L. - 2.
SUBSTITUTE SENATE BILL NO. 6507, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Cantu, Senator Amondson was excused.
SECOND READING
SENATE BILL NO. 6458, by Senators Williams, Prentice, Pelz, Vognild and Moore
Prohibiting credit history from being used in determining eligibility or rates for automobile insurance.
The bill was read the second time.
MOTION
On motion of Senator Williams, the rules were suspended, Senate Bill No. 6458 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6458.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6458 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 21; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rinehart, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 25.
Voting nay: Senators Anderson, Bluechel, Cantu, Deccio, Erwin, Haugen, Hochstatter, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Rasmussen, M., Roach, Schow, Sellar, Sheldon, West and Winsley - 21.
Excused: Senators Amondson, McCaslin and Smith, L. - 3.
SENATE BILL NO. 6458, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6532, by Senators Wojahn, Talmadge, Deccio, Moore, Moyer, Spanel, M. Rasmussen and Oke
Changing provisions relating to release of criminally insane persons.
The bill was read the second time.
MOTION
On motion of Senator Talmadge, the rules were suspended, Senate Bill No. 6532 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6532.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6532 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.
Excused: Senators Amondson, McCaslin and Smith, L. - 3.
SENATE BILL NO. 6532, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Spanel, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Rasmussen, the following resolution was adopted:
SENATE RESOLUTION 1994-8667
By Senators Rasmussen, Haugen, Drew, Anderson, Sellar, Sutherland, Pelz, Sheldon, McAuliffe, Loveland, Erwin, Quigley, Wojahn, Franklin, Skratek, Spanel, Fraser, Gaspard, Roach and Snyder
WHEREAS, Congress established the Cooperative Extension System at State Land Grant Universities in 1916; and
WHEREAS, 4-H Youth Development grew out of that system as an organization dedicated to promoting the education and civic involvement of this nation's young people; and
WHEREAS, 4-H Youth Development in conjunction with the Cooperative Extension System today has more than five million members in eighty-three countries around the world, all fifty states and all thirty-nine counties in Washington State; and
WHEREAS, 4-H Youth Development has expanded its focus in recent years to serve young people from urban areas as well as rural communities; and
WHEREAS, 4-H members can today choose projects in such varied fields as animal sciences, social sciences, mechanical sciences, natural resources, environmental stewardship, plant sciences, family living and the expressive arts; and
WHEREAS, Cooperative extension agents and program assistants from Washington State University, working together with community volunteers, have contributed to the education and personal development of thousands of young people and adults in Washington State; and
WHEREAS, More than one hundred-fifty 4-H members from around the state are currently visiting the state capitol as part of a state-wide education program titled "4-H Know Your Government";
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate does hereby welcome those delegates, along with the extension agents, program assistants and adult volunteers involved in the "Citizenship Project," to Olympia; and
BE IT FURTHER RESOLVED, That the Senate recognizes the value of that project along with all the programs that Washington State University's Cooperative Extension 4-H Youth Development sponsored over the years to prepare young people and adults for the challenges and responsibilities of adult life.
Senators Rasmussen, Anderson and Gaspard spoke to Senate Resolution 1994-8667.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the 4-H members who were seated in the gallery.
There being no objection, the President returned the Senate to the sixth order of business.
SECOND READING
SENATE BILL NO. 6371, by Senators Bauer, Prince, Sheldon, Winsley and Drew
Changing provisions relating to higher education degree-granting authority.
MOTIONS
On motion of Senator Bauer, Substitute Senate Bill No. 6371 was substituted for Senate Bill No. 6371 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Bauer, the rules were suspended, Substitute Senate Bill No. 6371 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6371.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6371 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.
Absent: Senator Ludwig - 1.
Excused: Senators Amondson and McCaslin - 2.
SUBSTITUTE SENATE BILL NO. 6371, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 2:41 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 4:52 p.m. by President Pritchard.
SECOND READING
SENATE BILL NO. 5154, by Senator Winsley
Concerning the maintenance in mobile home parks.
The bill was read the second time.
MOTIONS
On motion of Senator Winsley, the following amendment by Senators Winsley and Moore was adopted:
On page 2, after line 20, strike all of New Section. Sec. 2
Renumber remaining sections consecutively
On motion of Senator Winsley, the following title amendment was adopted:
On page 1, line 2, strike "creating a new section;"
MOTION
On motion of Senator Winsley, the rules were suspended, Engrossed Senate Bill No. 5154 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5154.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5154 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 2; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 43.
Voting nay: Senators Cantu, Morton and West - 3.
Absent: Senators McDonald and Roach - 2.
Excused: Senator McCaslin - 1.
ENGROSSED SENATE BILL NO. 5154, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Oke, Senator McDonald was excused.
SECOND READING
SENATE BILL NO. 6013, by Senators Haugen, Winsley, Skratek, Vognild, Snyder, Sheldon, McAuliffe and Ludwig
Changing provisions relating to fire protection services.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 6013 was substituted for Senate Bill No. 6013 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the following amendment by Senators Haugen and Winsley was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 84.52.043 and 1993 c 337 s 3 are each amended to read as follows:
Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows:
(1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state under RCW 84.52.065 shall not exceed three dollars and sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by the state under section 2 of this act shall not exceed two cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for state fire protection services; (c) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (((c))) (d) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (((d))) (e) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.
(2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; and (e) levies to finance affordable housing for very low-income housing imposed under RCW 84.52.105.
NEW SECTION. Sec. 2. A new section is added to chapter 84.52 RCW to read as follows:
Subject to the limitations in RCW 84.55.010, in each year the state shall levy for collection in the following year for state fire protection responsibilities within the department of community, trade, and economic development a tax of two cents per thousand dollars of assessed value upon the assessed valuation of all taxable property within the state, except classified or designated forest land under chapter 84.33 RCW, adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue.
NEW SECTION. Sec. 3. A new section is added to chapter 84.52 RCW to read as follows:
When a county assessor finds that the aggregate of all regular tax levies upon real and personal property by the state and all taxing districts other than a port or public utility district exceeds the limitation set forth in RCW 84.52.050, the assessor shall recompute and establish a consolidated levy as follows:
(1) If the limitation is exceeded only as a result of the levy authorized in section 2 of this act adjusted to the local levy rate in accordance with the indicated ratio fixed by the department, the certified property tax levy rates authorized under RCW 84.52.043(1)(e) and 52.16.140 shall be reduced on a pro rata basis until the limitation is not exceeded;
(2) If the limitation is exceeded as a result of both the levy authorized in section 2 of this act adjusted to the local levy rate in accordance with the indicated ratio fixed by the department and other tax levies, the pro rationing process provided in RCW 84.52.010 shall be followed until the limitation is exceeded only as a result of the levy authorized in section 2 of this act, and the consolidated levy shall then be further reduced in accordance with subsection (1) of this section.
NEW SECTION. Sec. 4. This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 84.52.043; adding new sections to chapter 84.52 RCW; and providing for submission of this act to a vote of the people."
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 6013 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6013.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6013 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.
Voting nay: Senators Cantu, Morton and Smith, L. - 3.
Excused: Senators McCaslin and McDonald - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6013, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Haugen served notice that she would move to reconsider the vote by which Engrossed Substitute Senate Bill No. 6013 passed the Senate.
SECOND READING
SENATE BILL NO. 6305, by Senators Snyder, Skratek, Roach, Nelson, Loveland, West, Winsley and M. Rasmussen
Revising the process for obtaining a variance from the minor employment law.
MOTIONS
On motion of Senator Moore, Substitute Senate Bill No. 6305 was substituted for Senate Bill No. 6305 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Snyder, the rules were suspended, Substitute Senate Bill No. 6305 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6305.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6305 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators McCaslin and McDonald - 2.
SUBSTITUTE SENATE BILL NO. 6305, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6264, by Senators Sutherland, Oke and Fraser
Authorizing a regional compact for restoring salmon runs.
MOTIONS
On motion of Senator Owen, Substitute Senate Bill No. 6264 was substituted for Senate Bill No. 6264 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Owen, the rules were suspended, Substitute Senate Bill No. 6264 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Anderson: "Senator Sutherland, one of the questions I had about the original bill was Washington's ability to respond in Washington's unique manner. I was concerned about getting hooked into the regional plan and, therefore, the other states forcing Washington to do something. Is that corrected in the substitute?"
Senator Sutherland: "I believe so. This is all a voluntary issue on the state of Washington's part. Cooperatively , we will work with the others. I don't know the situation that you are referring to, Senator Anderson."
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6264.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6264 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6264, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6053, by Senators Loveland, Snyder and Haugen
Modifying procedure for providing assistance to county assessors.
MOTIONS
On motion of Senator Drew, Second Substitute Senate Bill No. 6053 was substituted for Senate Bill No. 6053 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Drew, the rules were suspended, Second Substitute Senate Bill No. 6053 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6053.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6053 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 13; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 35.
Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Hochstatter, McDonald, Morton, Nelson, Newhouse, Oke, Roach, Schow and Smith, L. - 13.
Excused: Senator McCaslin - 1.
SECOND SUBSTITUTE SENATE BILL NO. 6053, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE JOINT MEMORIAL NO. 8031, by Senators Fraser, Deccio, Talmadge, Morton, McCaslin and Roach
Requesting the National Park Service to preserve Sunrise Lodge.
The joint memorial was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, Senate Joint Memorial No. 8031 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8031.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8031 and the joint memorial passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator McCaslin - 1.
SENATE JOINT MEMORIAL NO. 8031, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 6557, by Senator Hargrove
Revising provisions relating to correctional industries work programs.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 6557 was substituted for Senate Bill No. 6557 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Adam Smith, the rules were suspended, Substitute Senate Bill No. 6557 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6557.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6557 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Absent: Senator McAuliffe - 1.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6557, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5319, by Senators Fraser, Barr, Bluechel, Talmadge, Winsley, Moore, Prince and Deccio
Freeing the base for transfers of marine and nonhighway fuel taxes.
MOTIONS
On motion of Senator Fraser, Second Substitute Senate Bill No. 5319 was substituted for Senate Bill No. 5319 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Fraser, the rules were suspended, Second Substitute Senate Bill No. 5319 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Roach: "Senator Fraser, for further clarification, where does the unclaimed money go now?"
Senator Fraser: "At the current time, with regards to this--"
Senator Roach: "The money that could be reclaimed or received by the person who buys gasoline fuel for a boat for excursion or a snow mobile--that money that they don't claim--where is it going?"
Senator Fraser: "It goes into the highway fund."
Senator Roach: "So, that we would then be taking money from the highway fund and putting it into the recreational programs across the state?"
Senator Fraser: "The answer is 'yes.' The reason for the bill is that this is money that does not, under the Constitution, require being placed in the highway fund. Right now, if you buy gas for your boat at a gas station, you will pay twenty-three cents fuel tax. Eighteen cents of that will go to recreational purposes which will be used for water-front parks. The other five tenths would go to the highway fund for highway purposes. Prior to this cap being placed on it--if this cap were not on it--all twenty-three cents that you pay for filling your boat would go to waterfront park purposes. Under the Constitution, the fuel tax refund for non-highway purposes are not required to go to highway purposes."
Senator Roach: "Thank you, Senator Fraser."
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5319.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5319 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Voting nay: Senator Loveland - 1.
Excused: Senator McCaslin - 1.
SECOND SUBSTITUTE SENATE BILL NO. 5319, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6542, by Senators A. Smith, Prentice, Franklin and Winsley
Making the assault of a nurse a crime.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 6542 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6542.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6542 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator McCaslin - 1.
SENATE BILL NO. 6542, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6484, by Senators A. Smith and Nelson (by request of Governor Lowry)
Regulating confidentiality claims in court settlements involving public hazards.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 6484 was substituted for Senate Bill No. 6484 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Adam Smith, the following title amendment was adopted:
On page 1, line 1 of the title, after "Relating to" strike "disclosure of information in civil court proceedings" and insert "public hazard claims"
MOTION
On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 6484 as advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6484.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6484 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 32.
Voting nay: Senators Amondson, Anderson, Deccio, Hochstatter, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, L. and West - 16.
Excused: Senator McCaslin - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6484, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6370, by Senators Prentice, Haugen, Erwin, Anderson, Nelson, Winsley, Fraser, Vognild, Owen, Sheldon, Bauer, Hochstatter, Prince, Loveland, Franklin and M. Rasmussen
Modifying taxation of massage services.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 6370 was substituted for Senate Bill No. 6370 and the substitute bill was placed on second reading and read the second time.
Senator Prentice moved that the following amendment by Senators Prentice and Rinehart be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 18.108 RCW to read as follows:
For the purposes of this chapter, licensed massage practitioners shall be classified as "offices and clinics of health practitioners, not elsewhere classified" under section 8049 of the standard industrial classification manual published by the executive office of the president, office of management and budget.
NEW SECTION. Sec. 2. The department of revenue shall review the impact of section 1 of this act on massage practitioners and on revenue collection and report to the legislature by December 1, 1994, as to the effect of recategorizing massage practitioners as health practitioners and adjusting tax categories accordingly.
NEW SECTION. Sec. 3. This act shall take effect July 1, 1994."
POINT OF INQUIRY
Senator Anderson: "Senator Prentice, this just got passed out and the tax that went on massage services last year was so quick that we really didn't know what the effect of that would be. Over the interim, people worked the issues and this bill came to us and now at the last minute we are striking it again--not carrying through the provisions of the original bill--but rather just studying it. Has this been worked with the proponents of this bill?"
Senator Prentice: "Yes, we dealt with their representatives."
Further debate ensued.
There being no objection, the President deferred further consideration of Substitute Senate Bill No. 6370.
SECOND READING
SENATE BILL NO. 6316, by Senators Haugen, A. Smith, Oke, M. Rasmussen, Loveland, Winsley and Ludwig
Providing minimum qualifications for county sheriffs.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 6316 was substituted for Senate Bill No. 6316 and the substitute bill was placed on second reading and read the second time.
Senator Haugen moved that the following amendments be considered simultaneously and be adopted:
On page 2, line 21, after "at least" strike "two" and insert "four"
On page 2, line 23, after "at least" strike "two" and insert "four"
On page 2, beginning on line 24, after "agency" strike all material through "experience" on line 25
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Haugen on page 2, lines 21, 23 and 24 to Substitute Senate Bill No. 6316.
The motion by Senator Haugen failed and the amendments were not adopted on a rising vote.
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6316 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator West: "Senator Haugen, is this the bill that makes the sheriff's office nonpartisan?"
Senator Haugen: "No, it is not."
Senator West: "I wish that was in here."
Senator Haugen: "Well, it's in our committee. You can come and testify for it."
Senator West: "O.K., thank you."
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6316.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6316 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 8; Absent, 2; Excused, 1.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Schow, Sheldon, Skratek, Smith, A., Snyder, Spanel, Talmadge, Vognild, West, Winsley and Wojahn - 38.
Voting nay: Senators Amondson, McDonald, Moore, Morton, Roach, Smith, L., Sutherland and Williams - 8.
Absent: Senators Rinehart and Sellar - 2.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6316, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 6370 and the pending striking amendment by Senators Prentice and Rinehart, deferred earlier today.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Prentice and Rinehart to Substitute Senate Bill No. 6370.
The motion by Senator Prentice carried and the striking amendment was adopted.
MOTION
On motion of Senator Prentice, the following title amendment was adopted:
On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "adding a new section to chapter 18.108 RCW; creating a new section; and providing an effective date."
On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 6370 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Drew, Senator Rinehart was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6370.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6370 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 45.
Absent: Senators Sellar and Vognild - 2.
Excused: Senators McCaslin and Rinehart - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6370, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Drew, Senators Skratek and Vognild were excused.
SECOND READING
SENATE BILL NO. 6022, by Senators Haugen and Winsley
Revising requirements for publication of ordinances.
The bill was read the second time.
MOTION
On motion of Senator Drew, the rules were suspended, Senate Bill No. 6022 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6022.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6022 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Williams, Winsley and Wojahn - 42.
Voting nay: Senators Anderson, Pelz and West - 3.
Excused: Senators McCaslin, Rinehart, Skratek and Vognild - 4.
SENATE BILL NO. 6022, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6185, by Senators A. Smith, Erwin, Nelson, Quigley, Oke, Bauer, M. Rasmussen, Winsley and Roach (by request of Washington Traffic Safety Commission)
Requiring license revocation for a person under twenty-one years of age who drives while having any alcohol in his or her system.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 6185 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6185.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6185 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 1; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Winsley and Wojahn - 42.
Voting nay: Senators Moore, Pelz, Vognild and Williams - 4.
Absent: Senator Niemi - 1.
Excused: Senators McCaslin and Skratek - 2.
SENATE BILL NO. 6185, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Oke, Senator Bluechel was excused.
SECOND READING
SENATE BILL NO. 6404, by Senators Wojahn, McAuliffe and Moyer (by request of Department of Social and Health Services)
Excluding medical assistance administration reimbursement fees and schedules from the administrative procedure act.
The bill was read the second time.
MOTIONS
On motion of Senator Talmadge, the following Committee on Health and Human Services amendment was adopted:
On page 2, line 12, after "(4)" strike "Reimbursement" and insert "The rule making provisions of this chapter do not apply to reimbursement"
On motion of Senator Talmadge, the rules were suspended, Engrossed Senate Bill No. 6404 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6404.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6404 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.
Absent: Senator Niemi - 1.
Excused: Senators Bluechel, McCaslin and Skratek - 3.
ENGROSSED SENATE BILL NO. 6404, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Drew, Senator Niemi was excused.
SECOND READING
SENATE BILL NO. 6585, by Senators Bauer, Oke and Roach
Extending tuition exemptions for Vietnam and Persian Gulf veterans.
MOTIONS
On motion of Senator Bauer, Substitute Senate Bill No. 6585 was substituted for Senate Bill No. 6585 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Bauer, the following amendments by Senators Rinehart, Oke and Bauer were considered simultaneously and were adopted:
On page 2, line 1, strike "((and)) who were" and insert "and who"
On page 2, beginning on line 2, after "1990" strike all material down to and including "1994"
On page 2, beginning on line 13, strike all material down to and including line 33.
MOTIONS
On motion of Senator Bauer, the following title amendment was adopted:
On page 1, line 2 of the title, strike "and 28B.15.628"
On motion of Senator Bauer, the rules were suspended, Engrossed Substitute Senate Bill No. 6585 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6585.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6585 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.
Absent: Senator Newhouse - 1.
Excused: Senators Bluechel, McCaslin, Niemi and Skratek - 4.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6585, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6428, by Senators M. Rasmussen, Newhouse, Fraser, Gaspard and Winsley
Changing provisions relating to water systems.
MOTIONS
On motion of Senator Sutherland, Substitute Senate Bill No. 6428 was substituted for Senate Bill No. 6428 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Sutherland, the rules were suspended, Substitute Senate Bill No. 6428 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6428.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6428 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.
Voting nay: Senator Cantu - 1.
Absent: Senator Prince - 1.
Excused: Senators McCaslin and Niemi - 2.
SUBSTITUTE SENATE BILL NO. 6428, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Erwin, Senator Prince was excused.
SECOND READING
SENATE BILL NO. 6016, by Senators Winsley, Haugen and L. Smith
Requiring disclosure of the total compensation of local government chief executive officers when that compensation exceeds one hundred thousand dollars.
MOTIONS
On motion of Senator Winsley, Substitute Senate Bill No. 6016 was substituted for Senate Bill No. 6016 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 6016 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6016.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6016 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 6; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Ludwig, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 40.
Voting nay: Senators Bluechel, Loveland, McAuliffe, Moore, Pelz and Vognild - 6.
Excused: Senators McCaslin, Niemi and Prince - 3.
SUBSTITUTE SENATE BILL NO. 6016, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 6:58 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 7:14 p.m. by President Pritchard.
MOTIONS
On motion of Senator Vognild, Senate Bill No. 6064, which was on the second reading calendar, was returned to the Committee on Rules.
On motion of Senator Vognild, Senate Bill No. 6296, which was on the second reading calendar, was returned to the Committee on Rules.
On motion of Senator Vognild, Senate Bill No. 6400, which was on the second reading calendar, was returned to the Committee on Rules.
MOTIONS
On motion of Senator Oke, Senator McDonald was excused.
On motion of Senator Drew, Senators Loveland and Moore were excused.
SECOND READING
SENATE BILL NO. 6153, by Senators Pelz and Loveland
Prohibiting the state board of education from adopting rules governing the qualifications of drivers other than school bus drivers who transport students.
MOTIONS
On motion of Senator Pelz, Substitute Senate Bill No. 6153 was substituted for Senate Bill No. 6153 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Pelz, the following amendment by Senators Pelz and Talmadge was adopted:
On page 2, after line 5, insert:
"NEW SECTION. Sec. 2. A new section is added to chapter 28A.320 RCW to read as follows:
School district boards of directors are encouraged to adopt policies on qualifications for school district employees and volunteers transporting students other than their own children to or from school sponsored activities."
MOTIONS
On motion of Senator Pelz, the following title amendment was adopted:
On page 1, line 1 of the title strike "and" and on line 2, after "28A.160.210" insert "; and adding a new section to chapter 28A.320 RCW"
On motion of Senator Pelz, the rules were suspended, Engrossed Substitute Senate Bill No. 6153 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6153.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6153 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 9; Absent, 0; Excused, 6.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Hargrove, Haugen, Hochstatter, Ludwig, McAuliffe, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Quigley, Rasmussen, M., Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West and Williams - 34.
Voting nay: Senators Fraser, Gaspard, Nelson, Prentice, Rinehart, Roach, Skratek, Winsley and Wojahn - 9.
Excused: Senators Loveland, McCaslin, McDonald, Moore, Niemi and Prince - 6.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6153, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Erwin, Senator Amondson was excused.
SECOND READING
SENATE BILL NO. 6572, by Senators Wojahn, Gaspard, Franklin, Winsley and Oke
Making a capital appropriation to purchase and renovate the Sprague Building.
The bill was read the second time.
MOTIONS
On motion of Senator Rinehart, the following amendments by Senators Rinehart, Wojahn and Gaspard were considered simultaneously and were adopted:
On page 2, beginning on line 16, strike "state building construction account" and insert "state general fund"
On page 2, line 17, strike "community development" and insert "social and health services"
On page 2, line 21, after "Washington." insert "The department of social and health services shall enter into negotiations with the United Way of Pierce County to secure state office space in the Sprague Building for the delivery of human services in Pierce County."
On motion of Senator Rinehart, the rules were suspended, Engrossed Senate Bill No. 6572 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6572.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6572 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 8; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Moyer, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 36.
Voting nay: Senators Cantu, Erwin, Hochstatter, Morton, Nelson, Newhouse, Schow and Smith, L. - 8.
Excused: Senators Amondson, McCaslin, McDonald, Niemi and Prince - 5.
ENGROSSED SENATE BILL NO. 6572, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8422, by Senators M. Rasmussen and Erwin (by request of Secretary of State)
Directing the secretary of state to coordinate and form an advisory committee for Klondike gold rush centennial events.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Senate Concurrent Resolution No. 8422 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the adoption of Senate Concurrent Resolution No. 8422.
SENATE CONCURRENT RESOLUTION NO. 8422 was adopted by voice vote.
SECOND READING
SENATE BILL NO. 6121, by Senators Skratek, Bluechel, Sheldon, M. Rasmussen, Snyder, Loveland, Franklin, Winsley and Ludwig
Promoting economic development.
MOTIONS
On motion of Senator Skratek, Substitute Senate Bill No. 6121 was substituted for Senate Bill No. 6121 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Skratek, the following amendment was adopted:
On page 2, line 37, after "industrial modernization," insert "technology diffusion, sustainable development,"
MOTION
On motion of Senator Skratek, the rules were suspended, Engrossed Substitute Senate Bill No. 6121 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6121.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6121 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 19; Absent, 0; Excused, 4.
Voting yea: Senators Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Hargrove, Loveland, Ludwig, McAuliffe, Owen, Prentice, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, West, Williams, Winsley and Wojahn - 26.
Voting nay: Senators Amondson, Anderson, Bauer, Deccio, Gaspard, Haugen, Hochstatter, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Pelz, Roach, Schow, Smith, L., Talmadge and Vognild - 19.
Excused: Senators McCaslin, McDonald, Niemi and Prince - 4.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6121, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 7:45 p.m., on motion of Senator Spanel, the Senate adjourned until 8:00 a.m., Tuesday, February 15, 1994.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate