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THIRTY-THIRD DAY


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MORNING SESSION


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Senate Chamber, Olympia, Friday, February 10, 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 Senators McAuliffe, Moyer, Oke, Pelz, Prince, Quigley and Sutherland. On motion of Senator Ann Anderson, Senators Moyer, Oke and Prince were excused. On motion of Senator Loveland, Senators McAuliffe and Quigley were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Kristin Wick and Katie Watts, presented the Colors. Reverend Jennifer Lewison, intern pastor of The Central Lutheran Church of Bellingham, and a guest of Senator Ann Anderson, 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.


REPORTS OF STANDING COMMITTEES


February 9, 1995

SB 5026             Prime Sponsor, Senator Smith: Separating the duties of coroner and prosecuting attorney. Reported by Committee on Government Operations


      MAJORITY Recommendation: That Substitute Senate Bill No. 5026 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, Heavey, McCaslin and Winsley.


      Passed to Committee on Rules for second reading.


February 9, 1995

SB 5031             Prime Sponsor, Senator Hargrove: Enlarging the scope of the methadone treatment program to the opiate substitution treatment program. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: That Substitute Senate Bill No. 5031 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Long, Moyer, Palmer, Prentice, Schow and Smith.


      Passed to Committee on Rules for second reading.


February 7, 1995

SB 5170             Prime Sponsor, Senator McAuliffe: Allowing disclosure of juvenile records to affected school districts. Reported by Committee on Education


      MAJORITY Recommendation: That Substitute Senate Bill No. 5170 be substituted therefor, and the substitute bill do pass. Signed by Senators McAuliffe, Chair; Pelz, Vice Chair; Finkbeiner, Gaspard, Hochstatter, Johnson and Rasmussen.


      Passed to Committee on Rules for second reading.


February 9, 1995

SB 5183             Prime Sponsor, Senator Hale: Regarding county auditors. Reported by Committee on Government Operations


      MAJORITY Recommendation: That Substitute Senate Bill No. 5183 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, Heavey, McCaslin and Winsley.


      Passed to Committee on Rules for second reading.


February 9, 1995

SB 5203             Prime Sponsor, Senator Hargrove: Specifying the admissibility in court of records certified by the department of corrections. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: That Substitute Senate Bill No. 5203 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Long, Moyer, Palmer, Prentice, Schow, Smith and Strannigan.


      Passed to Committee on Rules for second reading.


February 8, 1995

SB 5232             Prime Sponsor, Senator Owen: Excluding site exploration as a substantial shoreline development. Reported by Committee on Ecology and Parks


      MAJORITY Recommendation: That Substitute Senate Bill No. 5232 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, McDonald, Spanel and Swecker.


      Passed to Committee on Rules for second reading.


February 8, 1995

SB 5272             Prime Sponsor, Senator Spanel: Providing regulatory reform to reduce the risk of oil spills. Reported by Committee on Ecology and Parks


      MAJORITY Recommendation: Do pass. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, McDonald, Spanel and Swecker.


      Passed to Committee on Rules for second reading.


February 7, 1995

SB 5276             Prime Sponsor, Senator McAuliffe: Changing references from "handicapped" to "with disabilities" in the common school education code. Reported by Committee on Education


      MAJORITY Recommendation: Do pass as amended. Signed by Senators McAuliffe, Chair; Pelz, Vice Chair; Finkbeiner, Gaspard, Hochstatter, Johnson and Rasmussen.


      Passed to Committee on Rules for second reading.


February 9, 1995

SB 5310             Prime Sponsor, Senator Haugen: Requiring a process to solicit proposals for and prioritize heritage capital projects. Reported by Committee on Government Operations


      MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, Heavey, McCaslin and Winsley.


      Passed to Committee on Rules for second reading.


February 8, 1995

SB 5410             Prime Sponsor, Senator C. Anderson: Designating the Washington park arboretum as an official state arboretum. Reported by Committee on Ecology and Parks


      MAJORITY Recommendation: That Substitute Senate Bill No. 5410 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, Spanel and Swecker.


      Passed to Committee on Rules for second reading.


February 7, 1995

SB 5440             Prime Sponsor, Senator McAuliffe: Requiring expulsion from school for at least one year for possession of a firearm on elementary or secondary school premises. Reported by Committee on Education


      MAJORITY Recommendation: That Substitute Senate Bill No. 5440 be substituted therefor, and the substitute bill do pass. Signed by Senators McAuliffe, Chair; Pelz, Vice Chair; Finkbeiner, Gaspard, Hochstatter, Johnson and Rasmussen.


      Passed to Committee on Rules for second reading.


February 7, 1995

SB 5537             Prime Sponsor, Senator McAuliffe: Changing teacher preparation provisions. Reported by Committee on Education


      MAJORITY Recommendation: That Substitute Senate Bill No. 5537 be substituted therefor, and the substitute bill do pass. Signed by Senators McAuliffe, Chair; Pelz, Vice Chair; Finkbeiner, Gaspard, Hochstatter, Johnson and Rasmussen.


      Passed to Committee on Rules for second reading.


February 7, 1995

SB 5538             Prime Sponsor, Senator McAuliffe: Changing state board of education staff provisions. Reported by Committee on Education


      MAJORITY Recommendation: Do pass. Signed by Senators McAuliffe, Chair; Pelz, Vice Chair; Finkbeiner, Gaspard, Hochstatter, Johnson and Rasmussen.


      Passed to Committee on Rules for second reading.



February 9, 1995

SB 5626             Prime Sponsor, Senator Winsley: Modifying advisory council on historic preservation representation. Reported by Committee on Government Operations


      MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, Heavey, McCaslin and Winsley.


      Passed to Committee on Rules for second reading.


February 9, 1995

SB 5691             Prime Sponsor, Senator Rasmussen: Authorizing certain commodity commissions to raise assessments in excess of the fiscal growth factor. Reported by Committee on Agriculture and Agricultural Trade and Development


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Rasmussen, Chair; Loveland, Vice Chair; Bauer, Morton, Newhouse and Snyder.


      Passed to Committee on Rules for second reading.


MESSAGE FROM STATE OFFICES


DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Olympia, Washington 98504-0095


February 10, 1995


The Honorable Marty Brown

Secretary of the Senate

Mailstop: 40482

Olympia, Washington 98504-0482


Dear Secretary Brown:

      Enclosed is our Report to the Legislature from the Health and Rehabilitative Services Administration, Mental Health Division.

      If you have any questions regarding the report, please contact me.

Sincerely,

JEAN SOLIZ, Secretary


      The Report from the Health and Rehabilitative Services Administration, Mental Health Division, is on file in the Office of the Secretary of the Senate.


INTRODUCTION AND FIRST READING

 

SB 5858             by Senators Prentice, Heavey, Franklin, Wojahn, Fairley, Snyder and McAuliffe

 

AN ACT Relating to prompt payment of industrial insurance awards; amending RCW 51.32.200; creating a new section; and prescribing penalties.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 5859             by Senators Prentice, Heavey, Franklin, Wojahn, Fairley, Snyder and McAuliffe

 

AN ACT Relating to payment of litigation costs of injured workers; and amending RCW 51.52.120.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 5860             by Senators Prentice, Owen, Heavey, Oke, Wood, Haugen, Fairley, Sellar, Schow, Rasmussen and Winsley

 

AN ACT Relating to transportation construction project cost estimates; and adding a new section to chapter 47.05 RCW.

 

Referred to Committee on Transportation.

 

SB 5861             by Senators Prentice, Heavey, Pelz and C. Anderson

 

AN ACT Relating to the Washington credit union share guaranty association; amending RCW 31.12A.050; adding a new section to chapter 31.12 RCW; repealing RCW 31.12A.005, 31.12A.010, 31.12A.020, 31.12A.030, 31.12A.040, 31.12A.050, 31.12A.060, 31.12A.070, 31.12A.080, 31.12A.090, 31.12A.100, 31.12A.110, 31.12A.120, 31.12A.130, 31.12A.140, 31.12A.900, 31.12A.910, 31.12A.920, 31.12A.930, and 31.12A.940; providing an effective date; and declaring an emergency.

 

Referred to Committee on Financial Institutions and Housing.

 

SB 5862             by Senators Morton, A. Anderson, Prince, Moyer, Hochstatter, Strannigan, McCaslin, Schow, Deccio and Palmer

 

AN ACT Relating to the acquisition of habitat conservation and outdoor recreation lands; amending RCW 43.98A.030, 43.98A.040, and 43.98A.050; creating a new section; and declaring an emergency.

 

Referred to Committee on Ecology and Parks.

 

SB 5863             by Senators Morton, Swecker, Oke, Deccio, Hochstatter, Prince, Johnson, Schow, McCaslin, Palmer and Sellar

 

AN ACT Relating to purchase of land by state agencies; and adding a new section to chapter 79.01 RCW.

 

Referred to Committee on Ecology and Parks.

 

SB 5864             by Senators Haugen, Winsley, Heavey, McCaslin, Sheldon and Hale

 

AN ACT Relating to county public works projects; amending RCW 36.32.240; adding a new section to chapter 36.32 RCW; and repealing RCW 36.32.250.

 

Referred to Committee on Government Operations.

 

SB 5865             by Senators Snyder, Newhouse, Heavey and Winsley

 

AN ACT Relating to the assignment of rights of lottery prize winners; amending RCW 67.70.100; and creating a new section.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 5866             by Senators Pelz and Winsley (by request of Superintendent of Public Instruction Billings)

 

AN ACT Relating to education technology in schools; amending RCW 28A.650.030 and 28A.650.015; adding new sections to chapter 28A.650 RCW; repealing 1994 c 245 s 3 and 1993 c 336 s 704 (uncodified); and making an appropriation.

 

Referred to Committee on Education.

 

SB 5867             by Senators Palmer, Smith, Oke, Hargrove, Swecker, Owen and Schow

 

AN ACT Relating to offenses involving drugs; amending RCW 9.94A.386; and prescribing penalties.

 

Referred to Committee on Law and Justice.

 

SB 5868             by Senators Prentice, Fraser, Cantu, Winsley and Rasmussen (by request of Department of Community, Trade, and Economic Development)

 

AN ACT Relating to mobile home relocation assistance; amending RCW 59.21.010, 59.21.030, 59.21.040, 59.21.050, and 59.21.070; reenacting and amending RCW 59.21.105 and 43.84.092; reenacting RCW 59.21.005; creating new sections; repealing RCW 59.21.020, 59.21.035, 59.21.080, 59.21.085, 59.21.095, 59.21.900, 59.21.901, 59.21.902, and 59.21.903; and declaring an emergency.

 

Referred to Committee on Financial Institutions and Housing.

 

SB 5869             by Senators Smith, Long and Sheldon (by request of Utilities and Transportation Commission)

 

AN ACT Relating to hearings conducted by the utilities and transportation commission; amending RCW 34.12.020 and 80.01.060; and repealing RCW 34.12.042.

 

Referred to Committee on Energy, Telecommunications and Utilities.

 

SB 5870             by Senators Kohl, Prentice, Fairley, Moyer, Spanel, Quigley, C. Anderson, Franklin, Hochstatter and Rasmussen

 

AN ACT Relating to the provision of services by dental hygienists; adding new sections to chapter 18.29 RCW; repealing RCW 18.29.050 and 18.29.056; providing an effective date; and declaring an emergency.

 

Referred to Committee on Health and Long-Term Care.

 

SB 5871             by Senators Pelz, Hale, Fraser, Newhouse and Deccio

 

AN ACT Relating to the board of plumbers; amending RCW 18.106.110; and declaring an emergency.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 5872             by Senator Prentice

 

AN ACT Relating to authorizing superior courts and courts of limited jurisdiction to issue civil inspection warrants; adding a new section to chapter 2.08 RCW; adding a new section to chapter 3.02 RCW; adding a new section to chapter 3.46 RCW; adding a new section to chapter 3.50 RCW; adding a new section to chapter 3.66 RCW; and adding a new section to chapter 35.20 RCW.

 

Referred to Committee on Financial Institutions and Housing.

 

SB 5873             by Senators Fairley, Owen, Fraser, Smith, Prentice, Kohl and Oke

 

AN ACT Relating to raising the fine for parking in places reserved for physically disabled persons; amending RCW 46.16.381; and prescribing penalties.

 

Referred to Committee on Law and Justice.

 

SB 5874             by Senators C. Anderson, Quigley, Moyer, Deccio, Wojahn, Wood, Franklin, Winsley, Fairley and Kohl

 

AN ACT Relating to the education and training of physicians, nurse practitioners, and physician assistants; adding a new section to chapter 48.01 RCW; adding new sections to chapter 28B.20 RCW; and creating a new section.

 

Referred to Committee on Health and Long-Term Care.

 

SB 5875             by Senators Fraser and Fairley

 

AN ACT Relating to wetlands mitigation banks; adding a new chapter to Title 90 RCW; and creating a new section.

 

Referred to Committee on Ecology and Parks.

 

SB 5876             by Senators Haugen and Winsley

 

AN ACT Relating to population determinations and projections by the office of financial management; and amending RCW 43.62.035.

 

Referred to Committee on Government Operations.

 

SB 5877             by Senators Heavey, Haugen, Wood, Deccio and Rasmussen

 

AN ACT Relating to the regulation of limousines, taxicabs, and other for hire vehicle services; amending RCW 81.90.010, 81.90.020, 81.90.030, 46.72.010, 46.72.020, and 81.72.210; adding new sections to chapter 81.90 RCW; and adding a new section to chapter 46.72 RCW.

 

Referred to Committee on Transportation.

 

SB 5878             by Senators Gaspard, Winsley, McAuliffe, C. Anderson, Kohl and Bauer (by request of Washington State School Directors Association, Board of Education and Superintendent of Public Instruction Billings)

 

AN ACT Relating to school district and library district elections; amending RCW 28A.535.020, 28A.535.050, 84.52.056, and 39.36.020; repealing RCW 28A.530.020; and providing a contingent effective date.

 

Referred to Committee on Education.

 

SJR 8214           by Senators Fraser, C. Anderson and Rasmussen

 

Amending the Constitution to promote water conservation.

 

Referred to Committee on Ecology and Parks.

 

SJR 8215           by Senators Gaspard, Winsley, McAuliffe, C. Anderson, Kohl and Bauer (by request of Washington State School Directors Association, Board of Education and Superintendent of Public Instruction Billings)

 

Amending the Constitution to provide for a simple majority of voters voting to authorize school district levies.

 

Referred to Committee on Education.




STATEMENT FOR THE JOURNAL


      During the morning session of February 10, 1995, I was absent from voting on Gubernatorial Appointment No. 9102, Jocelyn H. Marchisio as a member of the Public Disclosure Commission, due to a decision-making meeting of the Energy, Telecommunications and Utilities Committee.

SENATOR DEAN SUTHERLAND, 17th District


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Spanel, Gubernatorial Appointment No. 9102, Jocelyn H. Marchisio, as a member of the Public Disclosure Commission, was confirmed.


APPOINTMENT OF JOCELYN H. MARCHISIO


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Owen, Palmer, Prentice, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 42.

      Absent: Senators Pelz and Sutherland - 2.

      Excused: Senators McAuliffe, Moyer, Oke, Prince and Quigley - 5.


MOTION


      On motion of Senator Loveland, Senator Pelz was excused.


SECOND READING


      HOUSE BILL NO. 1039, by Representatives B. Thomas, Reams, Dyer, R. Fisher, Sommers, Costa, Mitchell, Basich and Wolfe

 

Increasing the number of citizen members of the Washington citizens' commission on salaries for elected officials.


      The bill was read the second time.


MOTION


      On motion of Senator Haugen, the rules were suspended, House Bill No. 1039 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1039.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1039 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Voting nay: Senator Heavey - 1.

      Excused: Senators Moyer and Pelz - 2.

      HOUSE BILL NO. 1039, 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 10:25 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 11:46 a.m. by President Pritchard.

 

SECOND READING


      SENATE BILL NO. 5325, by Senators Rinehart, Bauer, Prince, Pelz, Sheldon, Kohl, Drew and Wood

 

Changing higher education fiscal provisions.





MOTIONS


      On motion of Senator Bauer, Substitute Senate Bill No. 5325 was substituted for Senate Bill No. 5325 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. 5325 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. 5325.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5325 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, C., Bauer, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hargrove, Haugen, Kohl, Long, Loveland, McAuliffe, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Winsley, Wojahn and Wood - 28.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Hale, Heavey, Hochstatter, Johnson, McCaslin, McDonald, Morton, Newhouse, Oke, Palmer, Quigley, Roach, Schow, Sellar, Strannigan, Swecker and West - 20.

      Excused: Senator Moyer - 1.

      SUBSTITUTE SENATE BILL NO. 5325, 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 Swecker, the following resolution was adopted:


SENATE RESOLUTION 1995-8612


By Senators Swecker, Fraser and Owen


      WHEREAS, The Legislature is honored to recognize historical events; and

      WHEREAS, It took individuals and families with great courage to embark on a journey on the Oregon Trail; and

      WHEREAS, The party of settlers in the Simmons wagon train are particularly notable due to the fact that this group made their home in what is now the city of Tumwater; and

      WHEREAS, The Simmons party leaders consisted of Michael T. Simmons, George Washington Bush, Gabriel Jones, James McAllister, David Kindred, Jesse Ferguson, and Samuel Crockett; and

      WHEREAS, This intrepid group traveled north in 1845 to establish the first permanent American settlement north of the Columbia River, and were instrumental in gaining national attention for the settlement of the Puget Sound Country;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize and honor the one hundred-fiftieth anniversary of the founding of the city of Tumwater, and that city's forefathers' pioneer spirit; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Mayor of Tumwater and to the Tumwater Pioneer Wagon Train group.


MOTION


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


SENATE RESOLUTION 1995-8613


By Senators McDonald, C. Anderson, Prentice, Franklin, Roach and Fairley


      WHEREAS, The Vietnamese Unified Buddhist Church of the United States of America and Amnesty International are holding a rally today, February 10, 1995, at the State Capitol, in support of civil rights in Vietnam; and

      WHEREAS, A home to live in, employment, and the freedom to worship are among the basic and fundamental rights of every person; and

      WHEREAS, Denial of civil rights anywhere in the world is a legitimate concern of all civilized nations;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington stands firmly for fundamental human rights and congratulates the efforts of Amnesty International worldwide.


MOTION


      At 12:13 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 1:56 p.m. by President Pritchard.


      There being no objection, the President reverted the Senate to the fourth order of business.



MESSAGE FROM THE HOUSE


February 10, 1995

MR. PRESIDENT:

      The Speaker has signed HOUSE BILL NO. 1039, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      HOUSE BILL NO. 1039.


MOTION


      At 1:57 p.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m., Monday, February 13, 1995.


JOEL PRITCHARD, President of the Senate


MARTY BROWN, Secretary of the Senate