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EIGHTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, January 16, 1995
The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senator Ann Anderson.
The Sergeant at Arms Color Guard, consisting of Pages Katie Allen and Brennan Angus, presented the Colors. Reverend Philip Norris, pastor of the Lacey Community Church, 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.
REPORT OF STANDING COMMITTEE
January 12, 1995
SB 5003 Prime Sponsor, Senator Rasmussen: Providing criteria to be used in determining whether a fund or account receives interest earnings. Reported by Committee on Agriculture and Agricultural Trade and Development
MAJORITY Recommendation: That Substitute Senate Bill No. 5003 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Rasmussen, Chair; Loveland, Vice Chair; A. Anderson, Bauer, Morton, Newhouse and Snyder.
Referred to Committee on Ways and Means.
INTRODUCTION AND FIRST READING
SB 5202 by Senators Prentice and Hale
AN ACT Relating to information provided by banks for customers' examination of negotiable instruments; amending RCW 62A.4-406; providing an effective date; and declaring an emergency.
Referred to Committee on Financial Institutions and Housing.
SB 5203 by Senators Hargrove, Long, Franklin, Kohl and Winsley (by request of Department of Corrections)
AN ACT Relating to admissibility in court of records certified by the secretary of corrections or his or her designee; and adding a new section to chapter 72.01 RCW.
Referred to Committee on Human Services and Corrections.
SB 5204 by Senators Hargrove, Long, Franklin, Kohl, Oke and Winsley (by request of Department of Corrections)
AN ACT Relating to work ethic camps; amending RCW 9.94A.137; and prescribing penalties.
Referred to Committee on Human Services and Corrections.
SB 5205 by Senator Prentice
AN ACT Relating to state patrol wage bargaining; amending RCW 41.56.020, 41.56.450, 41.56.465, and 41.56.475; amending 1993 c 398 s 5 (uncodified); reenacting and amending RCW 41.56.030 and 41.56.460; adding new sections to chapter 41.56 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Transportation.
SB 5206 by Senators Hargrove, Owen, Snyder and Oke
AN ACT Relating to the department of natural resources; and adding a new section to chapter 43.30 RCW.
Referred to Committee on Natural Resources.
SB 5207 by Senators Winsley, Haugen and Rasmussen
AN ACT Relating to annexation of unincorporated territory by municipal corporations providing sewer or water service; and amending RCW 56.24.205 and 57.24.210.
Referred to Committee on Government Operations.
SB 5208 by Senators Haugen and Winsley
AN ACT Relating to premiums, charges, and costs for title insurance and title searches by sewer and water districts; and amending RCW 56.16.110 and 57.08.090.
Referred to Committee on Government Operations.
SB 5209 by Senators McCaslin, Haugen, Swecker, Drew, Schow, Heavey and Winsley
AN ACT Relating to the extension of water or sewer systems outside of existing corporate boundaries; amending RCW 36.93.100; and declaring an emergency.
Referred to Committee on Government Operations.
SB 5210 by Senators Pelz, Heavey, Prentice, Roach, C. Anderson, Prince, Kohl, Snyder and Winsley
AN ACT Relating to unfair labor practices in public employee collective bargaining; and amending RCW 41.56.140 and 41.56.150.
Referred to Committee on Labor, Commerce and Trade.
SB 5211 by Senators Winsley, Haugen, McCaslin, Sheldon, Drew and C. Anderson
AN ACT Relating to the receipt and expenditure of federal and private funds by local governments; amending RCW 35.21.735; creating new sections; and declaring an emergency.
Referred to Committee on Government Operations.
SB 5212 by Senator Quigley (by request of Department of Social and Health Services)
AN ACT Relating to child support enforcement; amending RCW 26.23.050 and 74.20A.055; and reenacting and amending RCW 74.20A.056.
Referred to Committee on Law and Justice.
SB 5213 by Senators Quigley, Haugen, McAuliffe, Wood, McCaslin, Winsley and Rasmussen
AN ACT Relating to civil procedure in domestic relations actions; and amending RCW 26.18.170, 26.23.050, 26.23.130, 26.26.090, 26.21.490, 26.21.520, 26.09.175, and 26.21.115.
Referred to Committee on Law and Justice.
SB 5214 by Senators Smith, C. Anderson, Winsley, Haugen and Kohl
AN ACT Relating to admissibility of children's statements; and amending RCW 9A.44.120.
Referred to Committee on Law and Justice.
SB 5215 by Senators Deccio, Newhouse, Haugen and Loveland
AN ACT Relating to members with service in the teachers' retirement system plan I and the public employees' retirement system plan II; and amending RCW 41.54.030.
Referred to Committee on Ways and Means.
SB 5216 by Senators Fraser, Swecker, C. Anderson, Spanel, McAuliffe, Oke, Drew, Owen, Winsley, Haugen and Kohl (by request of Parks and Recreation Commission)
AN ACT Relating to the parks and recreation commission; amending RCW 43.51.047, 43.51.060, and 43.51.270; adding a new section to chapter 43.85 RCW; adding a new section to chapter 43.51 RCW; repealing RCW 43.51.280; providing an effective date; and declaring an emergency.
Referred to Committee on Ecology and Parks.
SB 5217 by Senators Owen, Rinehart, Swecker, McAuliffe, C. Anderson, Winsley and Kohl (by request of Parks and Recreation Commission)
AN ACT Relating to personal flotation devices; and amending RCW 88.12.115.
Referred to Committee on Ecology and Parks.
SB 5218 by Senators C. Anderson, Swecker, Owen, Winsley and Fraser (by request of Parks and Recreation Commission)
AN ACT Relating to watercraft excise tax; amending RCW 82.49.030 and 88.12.375; adding a new section to chapter 88.12 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Ecology and Parks.
SB 5219 by Senators Smith, Roach, C. Anderson, Long, Haugen, McCaslin, Spanel, Drew, Winsley, Kohl and Sheldon
AN ACT Relating to domestic violence; amending RCW 26.50.030, 26.50.035, 26.50.040, 26.50.050, 26.50.060, 26.50.070, 26.50.080, 26.50.090, 26.50.095, 26.50.100, 26.50.110, 26.50.115, 26.50.125, 10.99.020, 10.99.030, 10.99.040, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 4.24.130, and 10.14.080; reenacting and amending RCW 26.50.010 and 10.31.100; adding new sections to chapter 26.50 RCW; adding a new section to chapter 26.26 RCW; adding a new section to chapter 10.14 RCW; creating new sections; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5220 by Senators McCaslin and Rasmussen
AN ACT Relating to eliminating the requirement that a portion of capital expenditures be set aside for art work; amending RCW 43.46.090 and 43.46.095; and repealing RCW 28A.335.210, 28B.10.025, 28B.10.027, 43.17.200, 43.17.205, 43.17.210, and 43.19.455.
Referred to Committee on Ways and Means.
SB 5221 by Senators McCaslin, Hargrove and Snyder
AN ACT Relating to hydraulic project approval authority of the department of fish and wildlife; and amending RCW 75.20.100 and 75.20.103.
Referred to Committee on Ecology and Parks.
SB 5222 by Senators Owen, Haugen, Prince, Morton and Winsley
AN ACT Relating to log trucks and pole trailers; and amending RCW 46.44.030.
Referred to Committee on Transportation.
SB 5223 by Senators Loveland, Snyder and Deccio
AN ACT Relating to county assessors; reenacting and amending RCW 36.21.011; adding a new section to chapter 36.21 RCW; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Government Operations.
SB 5224 by Senators Heavey, McCaslin, C. Anderson and Kohl
AN ACT Relating to the number of precinct committee officers; and amending RCW 29.42.040.
Referred to Committee on Government Operations.
SB 5225 by Senators Heavey, McCaslin and C. Anderson
AN ACT Relating to filing of oaths of office; and amending RCW 29.04.170.
Referred to Committee on Government Operations.
SB 5226 by Senators C. Anderson, McCaslin, Heavey and Kohl
AN ACT Relating to canvassing of mail-only-ballot special elections; and amending RCW 29.62.020.
Referred to Committee on Government Operations.
SB 5227 by Senators Owen and Prince (by request of Department of Transportation)
AN ACT Relating to state highway contracting; and adding a new chapter to Title 47 RCW.
Referred to Committee on Transportation.
SB 5228 by Senators Owen and Prince (by request of Department of Transportation)
AN ACT Relating to the transportation capital facilities account; and amending RCW 47.13.020.
Referred to Committee on Transportation.
SB 5229 by Senators Owen, Prince and Haugen (by request of Department of Transportation)
AN ACT Relating to tuition for ferry employees; and amending RCW 28B.15.558.
Referred to Committee on Higher Education.
SB 5230 by Senators Owen and Prince (by request of Department of Transportation)
AN ACT Relating to vehicle loads; and reenacting and amending RCW 46.44.041 and 46.44.0941.
Referred to Committee on Transportation.
SB 5231 by Senators Owen and Prince (by request of Department of Transportation)
AN ACT Relating to the tort liability account; amending RCW 4.92.130 and 4.92.230; and reenacting and amending RCW 43.84.092.
Referred to Committee on Transportation.
SB 5232 by Senators Owen and Prince (by request of Department of Transportation)
AN ACT Relating to the exclusion of site exploration as a substantial shoreline development; and amending RCW 90.58.030.
Referred to Committee on Ecology and Parks.
SB 5233 by Senators Owen and Prince (by request of Department of Transportation)
AN ACT Relating to transferring the aeronautics account and the aircraft search and rescue, safety, and education account from the general fund to the transportation fund; and amending RCW 82.42.090, 82.48.080, 47.68.250, and 47.68.236.
Referred to Committee on Transportation.
SB 5234 by Senators Smith, Long, Haugen and Kohl (by request of Department of Social and Health Services)
AN ACT Relating to eligibility for juvenile offender basic training camp; and amending RCW 13.40.320.
Referred to Committee on Human Services and Corrections.
SB 5235 by Senators Bauer, Sutherland, Palmer and Smith
AN ACT Relating to superior court judges; and amending RCW 2.08.062.
Referred to Committee on Law and Justice.
SB 5236 by Senators Kohl, Hargrove, Long, Franklin, Prentice, Spanel and Fraser
AN ACT Relating to intervention services for persons involved in prostitution; and creating new sections.
Referred to Committee on Human Services and Corrections.
SB 5237 by Senators Oke, Owen, Cantu, Long, Schow, McDonald, Finkbeiner, Hochstatter, Deccio and West
AN ACT Relating to limiting the increase in taxing district levies to the inflation rate; and amending RCW 84.55.010, 84.55.020, 35.61.210, 70.44.060, and 84.08.115.
Referred to Committee on Ways and Means.
SB 5238 by Senators Oke and Haugen
AN ACT Relating to park and recreation district elections; and amending RCW 29.21.015 and 36.69.090.
Referred to Committee on Government Operations.
SB 5239 by Senators Oke and Owen
AN ACT Relating to registration of sex offenders; and amending RCW 9A.44.130.
Referred to Committee on Law and Justice.
SB 5240 by Senator Oke
AN ACT Relating to motor vehicle insurance; and amending RCW 48.19.501.
Referred to Committee on Financial Institutions and Housing.
SB 5241 by Senator Oke
AN ACT Relating to public-private initiatives in transportation; adding a new chapter to Title 36 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Transportation.
SB 5242 by Senator Oke
AN ACT Relating to highway signing for factory outlet shopping malls; and amending RCW 47.36.005 and 47.36.320.
Referred to Committee on Transportation.
SB 5243 by Senator Oke
AN ACT Relating to special permits for miniature boilers; and amending RCW 70.79.070.
Referred to Committee on Labor, Commerce and Trade.
SJM 8004 by Senator Heavey
Requesting Congress to direct rejection of Puyallup tribe gaming requests without tribal-state compacts.
Referred to Committee on Labor, Commerce and Trade.
SJM 8005 by Senators Hargrove, Owen and Snyder
Relating to federally held property in those states admitted to the Union since 1846.
Referred to Committee on Government Operations.
SJM 8006 by Senators Oke, Owen, Roach, Hochstatter, Snyder, Schow, Cantu, Long, Hale, Swecker, A. Anderson, Palmer, Sellar, Deccio, Morton, McDonald, Prince, Johnson, Winsley, Bauer and Rasmussen
Asking Congress to propose a constitutional amendment to prohibit the physical desecration of the flag.
Referred to Committee on Law and Justice.
MOTION
On motion of Senator Franklin, the following resolution was adopted:
SENATE RESOLUTION 1995-8604
By Senators Franklin, Gaspard, Rasmussen, Spanel, Snyder, Oke, Pelz, Sheldon, Wojahn, C. Anderson, Haugen, Fraser and Kohl
WHEREAS, We live in a time when racial and cultural intolerance is too often a source of violence and mistrust; and
WHEREAS, The forms of racial and social injustice may have become less overt and more subtle in 1995, and continues to manifest itself in many ways; and
WHEREAS, The law in theory assures all citizens of equality, the fact remains that we must, each one take responsibility for pursuing justice and equality each day of our lives; and
WHEREAS, In America today we rarely discuss openly and honestly our differences and our own biases and prejudices, thus perpetuating the problem; and
WHEREAS, The Reverend Martin Luther King, Jr.'s example of confronting directly the issues that divide us along racial and cultural lines is one that we would do well to emulate today; and
WHEREAS, The increasing separation of citizens into groups of like color and ethnicity as a way of dealing with racism is racist in and of itself, and is directly at odds with Rev. King's message of unity and equality; and
WHEREAS, We as a nation and people can only rise united, and most surely will fall when divided; and
WHEREAS, Dr. King's message of peaceful perseverance in the face of seemingly insurmountable obstacles to equality is still a source of inspiration and hope for us as a nation;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby honor the memory of the Reverend Martin Luther King, Jr., a man of peace who saw injustice and tried to end it for the benefit of all Americans, and urge the citizens of Washington to put aside desires to separate along racial and cultural lines and instead heed his message of peace, unity, equality and social justice.
Senators Franklin, Pelz, Wojahn, Fraser, Kohl, Prentice, Roach and Palmer spoke to Senate Resolution 1995-8604.
PERSONAL PRIVILEGE
Senator Snyder: "Needless to say, I am extremely happy to be standing here today. I do want to give a lot of thanks to the Good Lord for looking over me and thanks to all the members that came to my aid in there. I won't start to name them, because I'm afraid I'll omit a few. Thanks to the people in the aid car that gave such wonderful assistance and the doctors and the staff at St. Peter Hospital for the care that I got there. Apparently, the upper part of my heart beat which sends a signal to the lower part to meet at the same time--something happened to the wiring and the signal didn't get through. By the time the aid people got here, my heart beat was forty and it was probably a little lower than that.
"The doctors told me that it may never happen again and it could happen next week, but they could take care of it by implanting a pacemaker. On Friday morning, Dr. Wark, who happens to be Neil Amondson's brother-in-law, implanted a pacemaker in my chest and I am getting along fine. I left my hospital room at seven o'clock and I was back at nine. They gave me a local anesthetic; I visited with the doctor and others during the procedure and I was eating breakfast at nine o'clock. I felt I could have gone home on Friday, but they kept me another twenty-four hours. I think the main thing was to get some IV's into me, because of the possibility of infection and they gave me some antibiotics.
"The real disturbing thing, though, was when I left. The doctor that discharged me was a different doctor; it was Doctor Gavin. At the very last minute he looked and he said, 'I want to check and see what kind of a pacemaker we put in.' He said, 'Oh, oh, that's the kind.' He said that if I was to vote against any Republican proposals this session, the pacemaker automatically stops."
MOTION
At 10:30 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 12:00 noon by President Pritchard.
MOTION
Senator Gaspard moved that the following resolution be adopted:
SENATE RESOLUTION 1995-8605
By Senators Gaspard and Kohl
WHEREAS, Comprehensive statewide water policy issues involve the jurisdiction and expertise of several existing Senate standing committees; and
WHEREAS, Such water issues include but are not limited to watershed planning and management; water resource management and governance; water rights adjudication; and water right permit processing fees;
NOW, THEREFORE, BE IT RESOLVED, That a special Senate Select Committee on Water Policy is hereby created; and
BE IT FURTHER RESOLVED, That the Select Committee shall be made up of twelve members to include the chairs and ranking members of the Agriculture and Agricultural Trade and Development Committee; the Ecology and Parks Committee; the Energy, Telecommunications and Utilities Committee; the Government Operations Committee; and the Natural Resources Committee; and the majority and minority floor leaders; and
BE IT FURTHER RESOLVED, That the Select Committee shall select, from among its members, a member or members to convene its meetings; and
BE IT FURTHER RESOLVED, That the Select Committee shall have all the powers, duties and responsibilities of the several standing committees with regard to any subject or measure referred to it; and
BE IT FURTHER RESOLVED, That the staff for the Select Committee shall come from existing staff.
MOTION
Senator Gaspard moved that the following amendment be adopted:
In the fourth paragraph, line 2, after "ranking members" insert ", or designees,"
The President declared the question before the Senate to be the adoption of the amendment by Senator Gaspard in paragraph four, line 2, to Senate Resolution 1995-8605.
The motion by Senator Gaspard carried and the amendment was adopted.
The President declared the question before the Senate to be the adoption of Senate Resolution 1995-8605, as amended.
The motion by Senator Gaspard carried and Senate Resolution 1995-8605, as amended, was adopted.
APPOINTMENT OF SELECT COMMITTEE
The President announced the following appointments to the Senate Select Committee on Water Policy: Senator Rasmussen, Senator Morton, Senator Fraser, Senator Swecker, Senator Sutherland, Senator Hochstatter, Senator Haugen, Senator Winsley, Senator Drew, Senator Oke, Senator Spanel and Senator Newhouse.
MOTION
On motion of Senator Gaspard, the appointments to the Senate Select Committee on Water Policy were confirmed.
PERSONAL PRIVILEGE
Senator Pelz: "Mr. President, I rise to a point of personal privilege. Our dear friend, Senator Vognild, is no longer with us, so I rise to fill a void, which is that I would like to point out that two of the newest members in the Senate have subjected this body to the pain of listening to one of their speeches. I believe that Senator Palmer and Senator Kohl owe a measure of gratitude to the members of the body."
MOTION
At 12:04 p.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Tuesday, January 17, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate