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FIFTY-NINTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, March 8, 1995
The Senate was called to order at 9:00 a.m. by President Pro Tempore Wojahn. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Cal Anderson, Cantu, Deccio, Drew, McAuliffe and Pelz. On motion of Senator Loveland, Senators Cal Anderson, Drew, McAuliffe and Pelz were excused. On motion of Senator Ann Anderson, Senators Cantu and Deccio were excused.
The Sergeant at Arms Color Guard, consisting of Pages Katie Chamberlin and Drew Henderson, presented the Colors. Reverend Vickie Morse, associate pastor of the Gloria Dei Lutheran 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
March 7, 1995
MR. PRESIDENT:
The House has passed:
HOUSE BILL NO. 1113,
SUBSTITUTE HOUSE BILL NO. 1140,
SUBSTITUTE HOUSE BILL NO. 1178,
SUBSTITUTE HOUSE BILL NO. 1187, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
March 7, 1995
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1057,
SUBSTITUTE HOUSE BILL NO. 1067,
HOUSE BILL NO. 1280,
SUBSTITUTE HOUSE BILL NO. 1336,
HOUSE BILL NO. 1532, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
March 7, 1995
MR. PRESIDENT:
The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4405, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
March 7, 1995
MR. PRESIDENT:
The House has passed ENGROSSED HOUSE BILL NO. 1099, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
SB 6059 by Senators Sutherland and Bauer
AN ACT Relating to reimbursement contracts with local governments; and amending RCW 35.91.020, 56.22.040, and 57.22.040.
Referred to Committee on Energy, Telecommunications and Utilities.
SB 6060 by Senators Finkbeiner, Owen and McDonald
AN ACT Relating to transportation appropriations; amending 1994 c 303 s 20 (uncodified); creating a new section; and declaring an emergency.
Referred to Committee on Transportation.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 1057 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Schoesler, Morris, B. Thomas, Delvin, Carlson, Hankins, Dyer, Sheldon, Casada, Chandler, L. Thomas, Fuhrman, Mulliken, Lisk, Cooke, Sheahan and Mastin)
Lowering the tax rate on canola.
Referred to Committee on Ways and Means.
SHB 1067 by House Committee on Finance (originally sponsored by Representatives Schoesler, Grant, Hankins, Delvin, Mastin and Sheldon)
Reforming the property taxation of short-rotation hardwoods.
Referred to Committee on Ways and Means.
EHB 1099 by Representatives Scott, Appelwick, Padden, Campbell, Sherstad and Benton
Requiring HIV testing for persons arrested for being involved with prostitution.
Referred to Committee on Law and Justice.
HB 1113 by Representatives Campbell, Hargrove, Smith, Chappell, D. Schmidt, Schoesler and Ballasiotes
Revising time limits for filing initiatives petitions.
Referred to Committee on Government Operations.
SHB 1140 by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Horn, Blanton, Costa and Honeyford)
Revising procedures for using criminal history in sentencing of offenders.
Referred to Committee on Law and Justice.
SHB 1178 by House Committee on Commerce and Labor (originally sponsored by Representatives McMorris, Lisk, Mulliken, Chandler, L. Thomas, Thompson, Boldt, Mastin, Goldsmith, Stevens, Schoesler, Honeyford, Johnson, Koster, Mielke and Sheahan)
Exempting persons under age twenty-one employed on the family farm from industrial insurance coverage.
Referred to Committee on Labor, Commerce and Trade.
SHB 1187 by House Committee on Government Operations (originally sponsored by Representatives Reams, Fuhrman, Van Luven, Stevens, Carrell, Campbell, Thompson, Blanton, Boldt, Koster, Sheahan and Huff)
Dividing the department of social and health services into five agencies.
Referred to Committee on Government Operations.
HB 1280 by Representatives Sherstad, Radcliff, Ballasiotes, Blanton, Cole, Tokuda and Dickerson (by request of Department of Corrections)
Revising procedures for offenders who violate conditions or requirements of sentences.
Referred to Committee on Human Services and Corrections.
SHB 1336 by House Committee on Higher Education (originally sponsored by Representatives Jacobsen, Carlson, Mastin and Basich)
Requiring institutions of higher education to report on precollege class enrollments.
Referred to Committee on Higher Education.
HB 1532 by Representatives Dyer, Dellwo, Ballasiotes, Cody, Cooke and Thibaudeau
Modifying certification of mental health counselors.
Referred to Committee on Human Services and Corrections.
HCR 4405 by Representative Foreman
Calling for a joint session to recognize Medal of Merit recipients.
MOTIONS
On motion of Senator Spanel, the rules were suspended, House Concurrent Resolution No. 4405 was advanced to second reading and read the second time.
On motion of Senator Spanel, the rules were suspended, House Concurrent Resolution No. 4405 was advanced to third reading, the second reading considered the third and the bill was placed on final passage and adopted.
HOUSE CONCURRENT RESOLUTION NO. 4405 was adopted by voice vote.
SECOND READING
GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Bauer, Gubernatorial Appointment No. 9041, Arland Lyons, as a member of the Board of Trustees for Centralia Community College District No. 12, was confirmed.
APPOINTMENT OF ARLAND LYONS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Anderson, A., Bauer, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.
Excused: Senators Anderson, C., Cantu, Deccio, Drew, McAuliffe and Pelz - 6.
MOTION
On motion of Senator Bauer, Gubernatorial Appointment No. 9043, Edward Mayeda, as a member of the Board of Trustees for South Puget Sound Community College District No. 24, was confirmed.
APPOINTMENT OF EDWARD MAYEDA
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Anderson, A., Bauer, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.
Excused: Senators Anderson, C., Cantu, Deccio, Drew, McAuliffe and Pelz - 6.
SECOND READING
SENATE BILL NO. 5430, by Senators Prentice and Hale (by request of Insurance Commissioner Senn)
Regulating the capital and surplus requirements of insurance companies.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5430 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. 5430.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5430 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Moyer, 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.
Excused: Senators Anderson, C., McAuliffe and Pelz - 3.
SENATE BILL NO. 5430, 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. 5421, by Senator Fraser
Modifying the definition of "vulnerable adult" for background check purposes.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 5421 was substituted for Senate Bill No. 5421 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5421 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 Substitute Senate Bill No. 5421.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5421 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Excused: Senators Anderson, C. and Pelz - 2.
SUBSTITUTE SENATE BILL NO. 5421, 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. 5429, by Senator Haugen (by request of Insurance Commissioner Senn)
Authorizing a deputy to vote on behalf of the insurance commissioner.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5429 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. 5429.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5429 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Voting nay: Senator Anderson, A. - 1.
Excused: Senator Anderson, C. - 1.
SENATE BILL NO. 5429, 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. 5268, by Senators Owen, Wood and Prince
Restricting use of the department of licensing services account.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Senate Bill No. 5268 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. 5268.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5268 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Absent: Senator Deccio - 1.
Excused: Senator Anderson, C. - 1.
SENATE BILL NO. 5268, 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. 5251, by Senators Rasmussen, Fraser, Oke, Wojahn, Franklin, Winsley, Schow, Swecker and Gaspard
Affecting the transportation authority of first class cities.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Senate Bill No. 5251 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 Senate Bill No. 5251.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5251 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Anderson, C. - 1.
SENATE BILL NO. 5251, 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. 5269, by Senators Rasmussen, Pelz, Heavey, Winsley, Franklin, Oke and Deccio
Raising the maximum cost for raffle tickets to ten dollars.
The bill was read the second time.
MOTION
Senator West moved that the following amendment be adopted:
On page 1, line 6, after "((five))" strike "ten" and insert "twenty-five"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator West on page 1, line 6, to Senate Bill No. 5269.
The motion by Senator West carried and the amendment was adopted.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Engrossed Senate Bill No. 5269 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 Engrossed Senate Bill No. 5269.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5269 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Oke, Owen, Palmer, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 43.
Voting nay: Senators Hochstatter, Newhouse, Prince, Roach and Wojahn - 5.
Excused: Senator Anderson, C. - 1.
ENGROSSED SENATE BILL NO. 5269, 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. 5182, by Senators Haugen, Winsley, Hale, Deccio and Palmer
Allowing county fiscal biennium budgets.
MOTIONS
On motion of Senator Sheldon, Substitute Senate Bill No. 5182 was substituted for Senate Bill No. 5182 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Sheldon, the rules were suspended, Substitute Senate Bill No. 5182 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. 5182.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5182 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Anderson, C. - 1.
SUBSTITUTE SENATE BILL NO. 5182, 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. 5202, by Senators Prentice and Hale
Lowering the number of items provided by banks for customers' examination of negotiable instruments.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5202 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. 5202.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5202 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 45.
Voting nay: Senators Cantu, Quigley and Wojahn - 3.
Excused: Senator Anderson, C. - 1.
SENATE BILL NO. 5202, 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. 5378, by Senators Haugen, Morton and Winsley (by request of Department of Community, Trade, and Economic Development)
Modifying border area fund distribution.
The bill was read the second time.
MOTION
On motion of Senator Sheldon, the rules were suspended, Senate Bill No. 5378 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 Senate Bill No. 5378.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5378 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Anderson, C. - 1.
SENATE BILL NO. 5378, 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 McAuliffe, the following resolution was adopted:
SENATE RESOLUTION 1995-8625
By Senators McAuliffe, Gaspard, Johnson, Rasmussen, Roach, Pelz, Sellar, Deccio, Winsley, Hochstatter, Spanel, Snyder, Wojahn, Haugen, Kohl
WHEREAS, A significant number of public education staff serving the needs of the children of this state are classified school employees; and
WHEREAS, Classified school employees are an important part of the educational team working to fulfill the state's paramount duty to educate children in Washington's public schools; and
WHEREAS, Classified school employees perform a wide variety of essential services such as safely transporting children, providing quality breakfast and lunch meals, assisting in classroom instruction and administrative services, and maintaining, repairing and cleaning school facilities; and
WHEREAS, These dedicated individuals deserve recognition and thanks for the excellent work they are doing in their communities for students in Washington's public schools;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby honors the state's classified school employees and recognizes their outstanding efforts to serve the state's public school students and their communities; and
BE IT FURTHER RESOLVED, That the Washington State Senate conveys its heartfelt thanks to the state's classified school employees during the week designated as Classified School Employee Week.
Senators McAuliffe, Johnson, Sellar and Deccio spoke to Senate Resolution 1995-8625.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced groups of classified school employees who were seated in the gallery.
MOTION
On motion of Senator Kohl, the following resolution was adopted:
SENATE RESOLUTION 1995-8626
By Senators Kohl, Winsley, Spanel, Wood, Long, Wojahn, Prentice, Sheldon, Gaspard, C. Anderson, Snyder, Loveland, Pelz, Rinehart, Bauer, Franklin, Quigley, McAuliffe, Fairley, Sutherland, Drew, Fraser, Smith, Heavey, Prince, A. Anderson, Hale, Johnson, Roach, Haugen and Rasmussen
WHEREAS, Women of every age, race, religion, creed, ethnicity, economic status, and degree of ability and disability have immeasurably enriched our homes, our state, our country, and every nation on earth; and
WHEREAS, American women played and continue to play a critical economic, cultural, and social role in every sphere of life by constituting a significant portion of the labor force whether working inside or outside of the home, whether paid or volunteer; and
WHEREAS, American women of every age, race, religion, creed, ethnicity, economic status, and degree of ability and disability served as early leaders of every major progressive, social change movement; and
WHEREAS, American women were leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and especially the peace movement, to create a more fair and just society for all; and
WHEREAS, The recent State Department Annual Report on Human Rights abundantly illustrates that day-to-day discrimination against women remains a fact of life around the globe; and
WHEREAS, Women continue to lead efforts in working against violence committed against women and children, promoting equity, and eliminating discrimination; and
WHEREAS, The Senate has always been a champion of women's rights and a national leader in progress for women, and for the first time in any majority caucus of any State Legislature in history, women are a majority in the Senate's majority caucus; and
WHEREAS, Washington State now has more women legislators than any state in the history of the United States; and
WHEREAS, 1995 is the eighty-fifth anniversary of women's suffrage in Washington State and the seventy-fifth anniversary of women's suffrage in the United States; and
WHEREAS, March is Women's History Month and the United Nations has declared March 8th to be International Women's Day;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor, thank, and celebrate the women of our state, country, and the world and recognize March 8th as International Women's Day.
Senators Kohl, McDonald, Prentice, Long, Wojahn and Winsley spoke to Senate Resolution 1995-8626.
MOTION
On motion of Senator Spanel, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
March 8, 1995
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5925, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SENATE BILL NO. 5925.
MOTION
At 10:20 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 11:47 a.m. by President Pro Tempore Wojahn.
MESSAGE FROM THE HOUSE
March 8, 1995
MR. PRESIDENT:
The Speaker has signed ENGROSSED SENATE BILL NO. 5925, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Spanel, the Senate advanced to the sixth order of business.
MOTION
On motion of Senator Wood, Senator Ann Anderson was excused.
SECOND READING
SENATE BILL NO. 5445, by Senators Owen, Sellar and Winsley
Clarifying responsibility for abandoned vehicles.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Senate Bill No. 5445 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. 5445.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5445 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Absent: Senator Morton - 1.
Excused: Senators Anderson, A. and Anderson, C. - 2.
SENATE BILL NO. 5445, 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. 5488, by Senators Smith, Oke, Wood, Winsley, Long, Hale, Moyer, Deccio, Palmer, Roach, Schow, Sellar and Snyder (by request of Governor Lowry)
Making domestic violence an aggravating circumstance for purposes of sentencing decisions.
The bill was read the second time.
MOTION
On motion of Senator Smith, the rules were suspended, Senate Bill No. 5488 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. 5488.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5488 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Excused: Senators Anderson, A. and Anderson, C. - 2.
SENATE BILL NO. 5488, 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. 5513, by Senators Rasmussen, McAuliffe, Bauer, Morton, Snyder, Fairley, Swecker, Drew, Wood, Haugen and Roach
Implementing a procedure for determining ownership of lost horses.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 5513 was substituted for Senate Bill No. 5513 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5513 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 Substitute Senate Bill No. 5513.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5513 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Absent: Senator Newhouse - 1.
Excused: Senators Anderson, A. and Anderson, C. - 2.
SUBSTITUTE SENATE BILL NO. 5513, 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 12:02 p.m., on motion of Senator Spanel, the Senate recessed until 2:00 p.m.
The Senate was called to order at 2:17 p.m. by President Pro Tempore Wojahn.
SECOND READING
GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Loveland, Gubernatorial Appointment No. 9060, Dr. Donald S. Schwerin, as a member of the Board of Trustees for Walla Walla Community College District No. 20, was confirmed.
APPOINTMENT OF DR. DONALD S. SCHWERIN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Winsley, Wojahn and Wood - 45.
Absent: Senators Pelz, Rinehart and West - 3.
Excused: Senator Anderson, C. - 1.
SECOND READING
SENATE BILL NO. 5093, by Senators Haugen, Winsley, Rasmussen and Drew
Changing provisions relating to fire protection.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5093 was substituted for Senate Bill No. 5093 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the following amendment was adopted:
On page 46, line 4, after "The" insert "state fire protection policy board, with the cooperation and assistance of the"
MOTION
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5093 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 Loveland, Senator Rinehart was excused.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5093.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5093 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Voting nay: Senator Cantu - 1.
Excused: Senators Anderson, C. and Rinehart - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5093, 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. 5592, by Senators Spanel and Swecker
Revising qualifications for coastal crab fishing licenses.
MOTIONS
On motion of Senator Drew, Substitute Senate Bill No. 5592 was substituted for Senate Bill No. 5592 and the substitute bill was placed on second reading and read the second time.
Senator Spanel moved that the following amendment by Senators Spanel and Snyder be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 75.30.350 and 1994 c 260 s 2 are each amended to read as follows:
(1) Effective January 1, 1995, it is unlawful to fish for coastal crab in Washington state waters without a Dungeness crab—coastal or a Dungeness crab—coastal class B fishery license. Gear used must consist of one buoy attached to each crab pot. Each crab pot must be fished individually.
(2) A Dungeness crab—coastal fishery license is transferable. Such a license shall only be issued to a person who proved active historical participation in the coastal crab fishery by having designated, after December 31, 1993, a vessel or a replacement vessel on the qualifying license that singly or in combination meets the following criteria:
(a) Made a minimum of eight coastal crab landings totaling a minimum of five thousand pounds per season in at least two of the four qualifying seasons identified in subsection (4) of this section, as documented by valid Washington state shellfish receiving tickets; and showed historical and continuous participation in the coastal crab fishery by having held one of the following licenses or their equivalents each calendar year beginning 1990 through 1993, and was designated on the qualifying license of the person who held one of the following licenses in 1994:
(i) Crab pot—Non-Puget Sound license, issued under RCW 75.28.130(1)(b);
(ii) Nonsalmon delivery license, issued under RCW 75.28.125;
(iii) Salmon troll license, issued under RCW 75.28.110;
(iv) Salmon delivery license, issued under RCW 75.28.113;
(v) Food fish trawl license, issued under RCW 75.28.120; or
(vi) Shrimp trawl license, issued under RCW 75.28.130; or
(b) Made a minimum of four landings of coastal crab totaling two thousand pounds during the period from December 1, 1991, to March 20, 1992, and made a minimum of eight crab landings totaling a minimum of five thousand pounds of coastal crab during each of the following periods: December 1, 1991, to September 15, 1992; December 1, 1992, to September 15, 1993; and December 1, 1993, to September 15, 1994. For landings made after December 31, 1993, the vessel shall have been designated on the qualifying license of the person making the landings.
(3) A Dungeness crab—coastal class B fishery license is not transferable. Such a license shall be issued to persons who do not meet the qualification criteria for a Dungeness crab—coastal fishery license, if the person has designated on a qualifying license after December 31, 1993, a vessel or replacement vessel that, singly or in combination, made a minimum of four landings totaling a minimum of two thousand pounds of coastal crab, documented by valid Washington state shellfish receiving tickets, during at least one of the four qualifying seasons, and if the person has participated continuously in the coastal crab fishery by having held or by having owned a vessel that held one or more of the licenses listed in subsection (2) of this section in each calendar year subsequent to the qualifying season in which qualifying landings were made through 1994. Dungeness crab—coastal class B fishery licenses cease to exist after December 31, 1999, and the continuing license provisions of RCW 34.05.422(3) are not applicable.
(4) The four qualifying seasons for purposes of this section are:
(a) December 1, 1988, through September 15, 1989;
(b) December 1, 1989, through September 15, 1990;
(c) December 1, 1990, through September 15, 1991; and
(d) December 1, 1991, through September 15, 1992.
(5) For purposes of this section and RCW 75.30.420, "coastal crab" means Dungeness crab (cancer magister) taken in all Washington territorial and offshore waters south of the United States-Canada boundary and west of the Bonilla-Tatoosh line (a line from the western end of Cape Flattery to Tatoosh Island lighthouse, then to the buoy adjacent to Duntz Rock, then in a straight line to Bonilla Point of Vancouver island), Grays Harbor, Willapa Bay, and the Columbia river.
(6) For purposes of this section, "replacement vessel" means a vessel used in the coastal crab fishery in 1994, and that replaces a vessel used in the coastal crab fishery during any period from 1988 through 1993, and which vessel's licensing and catch history, together with the licensing and catch history of the vessel it replaces, qualifies a single applicant for a Dungeness crab—coastal or Dungeness crab—coastal class B fishery license. A Dungeness crab—coastal or Dungeness crab—coastal class B fishery license may only be issued to a person who designated a vessel in the 1994 coastal crab fishery and who designated the same vessel in 1995."
MOTION
Senator Ann Anderson moved that the following amendment by Senators Ann Anderson, Swecker and Strannigan to the striking amendment by Senators Spanel and Snyder be adopted:
On page 2, line 6 of the amendment, after "landings" insert ";
(c) Made any number of coastal crab landings totaling a minimum of twenty thousand pounds per season in at least two of the four qualifying seasons identified in subsection (4) of this section, as documented by valid Washington state shellfish receiving tickets; and showed historical and continuous participation in the coastal crab fishery by having held a crab pot—non-Puget Sound license each calendar year beginning 1990 through 1993, and was designated on the qualifying license of the person who held that license in 1994; or
(d) If a person can demonstrate prior historical involvement in the Washington crab fishery, had a vessel under construction during part of the qualifying landing period of December 1, 1988, to September 15, 1992, and had any number of coastal crab landings totaling a minimum of five thousand pounds in calendar years 1992 and 1993, then such person shall also qualify for a license"
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Ann Anderson, Swecker and Strannigan on page 2, line 6, to the striking amendment by Senators Spanel and Snyder to Substitute Senate Bill No. 5592.
The motion by Senator Ann Anderson failed and the amendment to the striking amendment was not adopted.
The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Spanel and Snyder to Substitute Senate Bill No. 5592.
The motion by Senator Spanel carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Drew, the following title amendment was adopted:
On page 1, line 1 of the title, after "licenses;" strike the remainder of the title and insert "and amending RCW 75.30.350."
On motion of Senator Drew, the rules were suspended, Engrossed Substitute Senate Bill No. 5592 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 Substitute Senate Bill No. 5592.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5592 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Anderson, C. - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5592, 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. 5537, by Senators McAuliffe, Pelz, Rasmussen, Kohl and Wojahn (by request of Board of Education)
Changing teacher preparation provisions.
MOTIONS
On motion of Senator McAuliffe, Substitute Senate Bill No. 5537 was substituted for Senate Bill No. 5537 and the substitute bill was placed on second reading and read the second time.
Senator Pelz moved that the following amendment be adopted:
On page 4, after line 13, insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 28A.410 RCW to read as follows:
In adopting rules establishing subject area requirements for certificated instructional staff to provide instruction in English, in addition to requiring course work in American literature, the state board of education shall recognize the rich diversity of literature throughout the world written or translated into the English language and not require that college level courses taken in literature represent the literature of any other particular nationality."
Renumber the remaining sections consecutively and correct any internal references accordingly.
POINT OF ORDER
Senator Johnson: "I rise to a point of order. My point is that the amendment by Senator Pelz changes the scope and object of Substitute Senate Bill No. 5537. The scope of this substitute senate bill is fairly narrow and it relates to the preparation for teachers preparing to be in programs as students to become teachers. It deals with the requirements for admission to those programs. The object of the bill is to give the State Board authority to grant waivers when, heretofore, the waivers had been statutory. This proposed amendment, however, goes into the curriculum and the requirements--substantive requirements--in order to teach specific courses and, therefore, is beyond the scope and object of this substitute bill. Thank you."
Further debate ensued.
MOTION
On motion of Senator Spanel, further consideration of Substitute Senate Bill No. 5537 was deferred.
SECOND READING
SENATE BILL NO. 5370, by Senators Hale, Winsley, Haugen and Wood
Authorizing use of credit cards by local governments.
MOTIONS
On motion of Senator Hale, Substitute Senate Bill No. 5370 was substituted for Senate Bill No. 5370 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hale, the rules were suspended, Substitute Senate Bill No. 5370 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. 5370.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5370 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Voting nay: Senators Gaspard, Hargrove, Loveland and McAuliffe - 4.
Excused: Senator Anderson, C. - 1.
SUBSTITUTE SENATE BILL NO. 5370, 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. 5001, by Senators Sheldon, Snyder, Haugen, Winsley, Quigley, Franklin, Rasmussen and Prentice
Affecting senior citizens' and persons retired because of physical disabilities property taxation.
MOTIONS
On motion of Senator Sheldon, Substitute Senate Bill No. 5001 was substituted for Senate Bill No. 5001 and the substitute bill was placed on second reading and read the second time.
Senator Moyer moved that the following amendments by Senators Sheldon, Palmer, Prentice, McAuliffe, Roach, McDonald, Kohl, Moyer, Hochstatter, Finkbeiner, Snyder, Rinehart, Drew, Morton, Prince, Winsley, Schow, Heavey and Sellar be considered simultaneously and be adopted:
On page 3, after line 37, insert the following:
"Sec. 4. RCW 84.36.383 and 1991 c 213 s 4 are each amended to read as follows:
As used in RCW 84.36.381 through 84.36.389, except where the context clearly indicates a different meaning:
(1) The term "residence" shall mean a single family dwelling unit whether such unit be separate or part of a multiunit dwelling, including the land on which such dwelling stands not to exceed one acre. The term shall also include a share ownership in a cooperative housing association, corporation, or partnership if the person claiming exemption can establish that his or her share represents the specific unit or portion of such structure in which he or she resides. The term shall also include a single family dwelling situated upon lands the fee of which is vested in the United States or any instrumentality thereof including an Indian tribe or in the state of Washington, and notwithstanding the provisions of RCW 84.04.080((,)) or 84.04.090 ((or 84.40.250)), such a residence shall be deemed real property.
(2) The term "real property" shall also include a mobile home which has substantially lost its identity as a mobile unit by virtue of its being fixed in location upon land owned or leased by the owner of the mobile home and placed on a foundation (posts or blocks) with fixed pipe, connections with sewer, water, or other utilities: PROVIDED, That a mobile home located on land leased by the owner of the mobile home shall be subject, for tax billing, payment, and collection purposes, only to the personal property provisions of chapter 84.56 RCW and RCW 84.60.040.
(3) The term "preceding calendar year" shall mean the calendar year preceding the year in which the claim for exemption is to be made.
(4) "Department" shall mean the state department of revenue.
(5) "Combined disposable income" means the disposable income of the person claiming the exemption, plus the disposable income of his or her spouse, and the disposable income of each cotenant occupying the residence for the preceding calendar year, less amounts paid by the person claiming the exemption or his or her spouse during the previous year for:
(a) Drugs supplied by prescription of a medical practitioner authorized by the laws of this state or another jurisdiction to issue prescriptions; and
(b) The treatment or care of either person received in the home or in a nursing home.
(6) "Disposable income" means adjusted gross income as defined in the federal internal revenue code, as amended prior to January 1, 1989, or such subsequent date as the director may provide by rule consistent with the purpose of this section, plus all of the following items to the extent they are not included in or have been deducted from adjusted gross income:
(a) Capital gains, other than nonrecognized gain on the sale of a principal residence under section 1034 of the federal internal revenue code, or gain excluded from income under section 121 of the federal internal revenue code to the extent it is reinvested in a new principal residence;
(b) Amounts deducted for loss;
(c) Amounts deducted for depreciation;
(d) Pension and annuity receipts;
(e) Military pay and benefits other than attendant-care and medical-aid payments;
(f) Veterans benefits other than attendant-care and medical-aid payments;
(g) Federal social security act and railroad retirement benefits;
(h) Dividend receipts; and
(i) Interest received on state and municipal bonds.
(7) "Cotenant" means a person who resides with the person claiming the exemption and who has an ownership interest in the residence.
Sec. 5. RCW 84.36.383 and 1994 sp.s. c 8 s 2 are each amended to read as follows:
As used in RCW 84.36.381 through 84.36.389, except where the context clearly indicates a different meaning:
(1) The term "residence" shall mean a single family dwelling unit whether such unit be separate or part of a multiunit dwelling, including the land on which such dwelling stands not to exceed one acre. The term shall also include a share ownership in a cooperative housing association, corporation, or partnership if the person claiming exemption can establish that his or her share represents the specific unit or portion of such structure in which he or she resides. The term shall also include a single family dwelling situated upon lands the fee of which is vested in the United States or any instrumentality thereof including an Indian tribe or in the state of Washington, and notwithstanding the provisions of RCW 84.04.080 and 84.04.090, such a residence shall be deemed real property.
(2) The term "real property" shall also include a mobile home which has substantially lost its identity as a mobile unit by virtue of its being fixed in location upon land owned or leased by the owner of the mobile home and placed on a foundation (posts or blocks) with fixed pipe, connections with sewer, water, or other utilities: PROVIDED, That a mobile home located on land leased by the owner of the mobile home shall be subject, for tax billing, payment, and collection purposes, only to the personal property provisions of chapter 84.56 RCW and RCW 84.60.040.
(3) "Department" shall mean the state department of revenue.
(4) "Combined disposable income" means the disposable income of the person claiming the exemption, plus the disposable income of his or her spouse, and the disposable income of each cotenant occupying the residence for the assessment year, less amounts paid by the person claiming the exemption or his or her spouse during the assessment year for:
(a) Drugs supplied by prescription of a medical practitioner authorized by the laws of this state or another jurisdiction to issue prescriptions; and
(b) The treatment or care of either person received in the home or in a nursing home.
(5) "Disposable income" means adjusted gross income as defined in the federal internal revenue code, as amended prior to January 1, 1989, or such subsequent date as the director may provide by rule consistent with the purpose of this section, plus all of the following items to the extent they are not included in or have been deducted from adjusted gross income:
(a) Capital gains, other than nonrecognized gain on the sale of a principal residence under section 1034 of the federal internal revenue code, or gain excluded from income under section 121 of the federal internal revenue code to the extent it is reinvested in a new principal residence;
(b) Amounts deducted for loss;
(c) Amounts deducted for depreciation;
(d) Pension and annuity receipts;
(e) Military pay and benefits other than attendant-care and medical-aid payments;
(f) Veterans benefits other than attendant-care and medical-aid payments;
(g) Federal social security act and railroad retirement benefits;
(h) Dividend receipts; and
(i) Interest received on state and municipal bonds.
(6) "Cotenant" means a person who resides with the person claiming the exemption and who has an ownership interest in the residence.
NEW SECTION. Sec. 6. Section 4 of this act applies to taxes levied in 1995 for collection in 1996 and thereafter."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 6, beginning on line 32, strike all of section 7 and insert the following:
"NEW SECTION. Sec. 10. (1) Sections 1 through 3 and 7 through 9 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 July 1, 1995, except sections 7 through 9 of this act shall take effect only if specific funding for the administrative costs of section 7 of this act, referencing this act by bill number, is provided by June 30, 1995, in the omnibus appropriations act. If such funding is not provided, sections 7 through 9 of this act shall be null and void.
(2) Section 5 of this act shall take effect on the effective date of chapter 8, Laws of 1994 sp. sess. and shall apply to taxes levied for collection in the following year and thereafter.
NEW SECTION. Sec. 11. Part headings as used in this act constitute no part of the law.
NEW SECTION. Sec. 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senators Sheldon, Palmer, Prentice, McAuliffe, Roach, McDonald, Kohl, Moyer, Hochstatter, Finkbeiner, Snyder, Rinehart, Drew, Morton, Prince, Winsley, Schow, Heavey and Sellar on page 3, after line 37, and page 6, beginning on line 32, to Substitute Senate Bill No. 5001.
The motion by Senator Moyer carried and the amendments were adopted.
MOTIONS
On motion of Senator Moyer, the following title amendments were considered simultaneously and were adopted:
On page 1, line 2 of the title, after "84.36.381" insert ", 84.36.383, 84.36.383,"
On page 1, beginning on line 3 of the title, after "creating" strike "a new section" and insert "new sections"
On page 1, line 4 of the title, after "providing" insert "an effective date; providing contingent"
On motion of Senator Sheldon, the rules were suspended, Engrossed Substitute Senate Bill No. 5001 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Hochstatter: "Senator Sheldon, what is the impact of this on taxpayers? What is the shift from seniors to others in dollars? Can you give me that?"
Senator Sheldon: "I can't give it to you in dollars, Senator, as it would depend on the county and how many seniors do qualify,"
Senator Hochstatter: "Thank you."
Further debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5001.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5001 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 40.
Voting nay: Senators Cantu, Fairley, Hochstatter, Loveland, Morton, Pelz, Spanel and Strannigan - 8.
Excused: Senator Anderson, C. - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5001, 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. 5211, by Senators Winsley, Haugen, McCaslin, Sheldon, Drew and C. Anderson
Revising guidelines for receipt and expenditure of federal and private funds by local governments.
MOTIONS
On motion of Senator Winsley, Substitute Senate Bill No. 5211 was substituted for Senate Bill No. 5211 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. 5211 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. 5211.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5211 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Anderson, C. - 1.
SUBSTITUTE SENATE BILL NO. 5211, 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. 5567, by Senator Heavey
Providing for preservation of single-family residential neighborhoods.
MOTIONS
On motion of Senator Heavey, Substitute Senate Bill No. 5567 was substituted for Senate Bill No. 5567 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Heavey, the rules were suspended, Substitute Senate Bill No. 5567 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Winsley: "Senator Heavey, there has been some concern about day-care centers in residential areas and some people have some concerns that maybe this will nullify the use of day-care centers and I wanted to ask you, did you have any intentions in this bill?"
Senator Heavey: "Absolutely not and I don't believe the bill even touches in that area at all. If you want to hold it up for a statement of legislation intent--"
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5567.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5567 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Voting nay: Senators Cantu and McCaslin - 2.
Excused: Senator Anderson, C. - 1.
SUBSTITUTE SENATE BILL NO. 5567, 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. 5404, by Senators Heavey, Deccio, Fraser, Newhouse, Kohl, Hale, Franklin, McCaslin, Palmer and Wojahn
Creating a lien for real estate brokers.
MOTIONS
On motion of Senator Heavey, Substitute Senate Bill No. 5404 was substituted for Senate Bill No. 5404 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Heavey, the rules were suspended, Substitute Senate Bill No. 5404 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 Substitute Senate Bill No. 5404.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5404 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Voting nay: Senators Haugen and Rinehart - 2.
Excused: Senator Anderson, C. - 1.
SUBSTITUTE SENATE BILL NO. 5404, 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 3:38 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 4:36 p.m. by President Pro Tempore Wojahn.
SECOND READING
SENATE BILL NO. 5743, by Senators Rasmussen, Hochstatter and Loveland
Establishing a pilot program to develop an integrated vocational agricultural educational program.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 5743 was substituted for Senate Bill No. 5743 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5743 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. 5743.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5743 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Absent: Senators Deccio, Heavey and Roach - 3.
Excused: Senator Anderson, C. - 1.
SUBSTITUTE SENATE BILL NO. 5743, 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. 5156, by Senators Sutherland, Gaspard, Sellar, Hochstatter and Loveland
Promoting competition for long distance telecommunications.
MOTIONS
On motion of Senator Sutherland, Substitute Senate Bill No. 5156 was substituted for Senate Bill No. 5156 and the substitute bill was placed on second reading and read the second time.
Senator Gaspard moved that the following amendment by Senators Gaspard, Hochstatter, Sutherland, Long and Loveland be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) It is the declared policy of the state of Washington in RCW 80.36.300(5) to promote diversity in the supply of telecommunications services and products in telecommunications markets throughout the state.
(2) In 1984, a federal court ordered the divestiture of the Bell System separating the system into: (a) Local service companies, limited to service within defined geographic areas called local access transport areas, known as LATAs; and (b) an interexchange or inter-LATA company, which is free to provide any lawful service, but cannot purchase the operations of its divested operating companies. The local service companies expected to be permitted to compete for inter-LATA services as soon as interexchange providers could legally compete with intra-LATA dialing parity.
(3) It has been lawful in Washington since 1985 for any company to provide any telecommunications service so long as the company is properly registered with the Washington utilities and transportation commission. Two exceptions to this freedom to compete in all markets exist. The carrier that serves most of the state's citizens and the largest geographic area is prohibited from providing inter-LATA telecommunications services. The second largest exchange company in the state may only provide inter-LATA services through a separate subsidiary.
(4) Competition in the telecommunications services industry has intensified with the fast pace of changes in telecommunications technology in recent years. The effect of increased competition for customers on the affordability of service for consumers cannot be determined without further review by the utilities and transportation commission.
NEW SECTION. Sec. 2. A new section is added to chapter 80.36 RCW to read as follows:
In order to promote diversity of supply and competition in the provision of all services in the state:
(1) The commission shall require all carriers registered to provide service in this state to allow their customers to individually choose an authorized carrier to provide one plus dialed service;
(2) The commission shall not require any change in intra-LATA one plus dialing patterns existing on January 1, 1995, under subsection (1) of this section until all carriers are permitted to provide inter-LATA service on an integrated basis, or June 30, 1998, whichever is earlier; and
(3) Nothing in this section shall preclude the commission from engaging in a fact-finding investigation in anticipation of the requirement that all carriers provide one plus presubscription.
NEW SECTION. Sec. 3. The commission shall submit to the legislature no later than December 1, 1997, a study of the intra-LATA telephone market in the state of Washington as it exists at that time. This study shall analyze the nature and extent of competition in the intra-LATA and inter-LATA markets, including local exchange operators' market power in the inter-LATA market and long distance carriers' market power in the intra-LATA market; the impact of proposed changes in intra-LATA dialing patterns on local business and residential basic rates; the ability of telecommunications companies to meet universal service obligations in light of proposed changes in intra-LATA one plus dialing patterns; all relevant state and federal enactments and court and regulatory decisions made after the effective date of this act which affect intra-LATA services by telecommunications companies in the state of Washington. This study shall objectively set forth policy options regarding intra-LATA dialing patterns, and shall make recommendations based upon those options. Nothing in this section shall prohibit the commission from engaging in an inquiry proceeding or other fact-finding investigation in anticipation of issuing orders regarding intra-LATA one plus dialing.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995."
MOTION
Senator Long moved that the following amendments by Senators Long, Sutherland, Finkbeiner and Hochstatter to the striking
amendment by Senators Gaspard, Hochstatter, Sutherland, Long and Loveland be considered simultaneously and be adopted:
On page 2, line 5, after "carriers", insert "that provide local service"
On page 2, line 7, after "choose", delete "an authorized carrier" and insert "a carrier"
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senators Long, Sutherland, Finkbeiner and Hochstatter on page 2, lines 5 and 7, to the striking amendment by Senators Gaspard, Hochstatter, Sutherland, Long and Loveland to Substitute Senate Bill No. 5156.
The motion by Senator Long carried and the amendments to the striking amendment were adopted.
MOTION
Senator Finkbeiner moved that the following amendment by Senators Finkbeiner, McCaslin and Johnson to the striking amendment by Senators Gaspard, Hochstatter, Sutherland, Long and Loveland be adopted:
On page 2, line 11 of the striking amendment, after "or" strike "June 30, 1998" and insert "June 30, 1996"
POINT OF INQUIRY
Senator Finkbeiner: "I'd like to, previous to discussing this amendment, I would like to ask a question of the sponsor of the striking amendment to this bill. Senator Gaspard, on page 2, line 11, in subsection (2) of Section 2 on that page, you state that June 30, 1998, will be the date by which the Utilities and Transportation Commission shall be able to require a change in intra-LATA one plus dialing patterns. Does that language allow them to make the order or does that set an implementation date or is that actually a completion date at which time people will be able to pick up their phones and have competition in that marketplace?"
Senator Gaspard: "That would be the date in which they would be authorized at that point to consider requests for intra-LATA--at that point--if Congress does not act before and allows all carries to participate in intra-LATA."
Senator Finkbeiner: "Thank you."
Further debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Finkbeiner, McCaslin and Johnson on page 2, line 11, to the striking amendment by Senators Gaspard, Hochstatter, Sutherland, Long and Loveland to Substitute Senate Bill No. 5156.
The motion by Senator Finkbeiner failed and the amendment to the striking amendment was not adopted.
MOTION
Senator Finkbeiner moved that the following amendment by Senators Finkbeiner, McCaslin and Johnson to the striking amendment by Senators Gaspard, Hochstatter, Sutherland, Long and Loveland be adopted:
On page 2, line 11 of the striking amendment, after "or" strike "June 30, 1998" and insert "January 1, 1997"
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Finkbeiner, McCaslin and Johnson on page 2, line 11, to the striking amendment by Senators Gaspard, Hochstatter, Sutherland, Long and Loveland to Substitute Senate Bill No. 5156.
The motion by Senator Finkbeiner failed and the amendment to the striking amendment was not adopted.
The President declared the question before the Senate to be the adoption of the striking amendment, as amended, by Senators Gaspard, Hochstatter, Sutherland, Long and Loveland to Substitute Senate Bill No. 5156.
Debate ensued.
The motion by Senator Gaspard carried and the striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Sutherland, the following title amendment was adopted:
On page 1, line 2 of the title, after "telecommunications;" strike the remainder of the title and insert "adding a new section to chapter 80.36 RCW; creating new sections; providing an effective date; and declaring an emergency."
On motion of Senator Sutherland, the rules were suspended, Engrossed Substitute Senate Bill No. 5156 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 Substitute Senate Bill No. 5156.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5156 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 7; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, Morton, Moyer, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 41.
Voting nay: Senators Finkbeiner, Johnson, McCaslin, McDonald, Newhouse, Snyder and Wojahn - 7.
Excused: Senator Anderson, C. - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5156, 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, Senate Bill No. 5610, Senate Bill No. 5751, Senate Bill No. 5879, Senate Bill No. 5975, Senate Bill No. 6011 and Senate Bill No. 6028 were moved from the consent calendar to the regular calendar.
MOTION
On motion of Senator Spanel, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
March 8, 1995
MR. PRESIDENT:
The Speaker has signed HOUSE CONCURRENT RESOLUTION NO. 4405, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President has signed:
HOUSE CONCURRENT RESOLUTION NO. 4405.
MOTION
At 5:06 p.m., on motion of Senator Spanel, the Senate adjourned until 9:00 a.m., Thursday, March 9, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate