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FIRST SPECIAL SESSION
NINTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, May 2, 1995
The Senate was called to order at 10:00 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, Deccio, Drew, Fairley, Heavey, McCaslin, McDonald, Sellar, Strannigan, Swecker and Wood. On motion of Senator Loveland, Senators Cal Anderson and Fairley were excused. On motion of Senator Ann Anderson, Senators Deccio, McCaslin, McDonald, Sellar, Strannigan, Swecker and Wood were excused.
The Sergeant at Arms Color Guard, consisting of Pages Ryan Storein and Brian Riches, presented the Colors. President Pro Tempore Wojahn 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.
MESSAGE FROM THE SECRETARY OF STATE
The Honorable Joel Pritchard
President of the Senate
Legislature of the State of Washington
Olympia, Washington 98504
Mr. President:
We respectfully transmit for your consideration the following bill which has been partially vetoed by the Governor, together with the official veto message of the Governor setting forth his objections to the section or item of the bill as required by Article III, section 12, of the Washington State Constitution:
Section 2, Engrossed Senate Bill No. 5019, the remainder of which has been designated Chapter 190, Laws of 1995 Regular Session.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the state of Washington, this 2nd day of May, 1995.
(Seal) RALPH MUNRO,
Secretary of State
MESSAGE FROM THE GOVERNOR
May 1, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 2, Engrossed Senate Bill No. 5019 entitled:
"AN ACT Relating to industrial developments;"
This legislation establishes a careful and appropriate process to allow counties to site large industrial facilities and to locate natural resource dependent facilities outside of urban growth areas. The process will be advanced by a county in collaboration with its cities and requires an inventory of available land and a finding that there is not sufficient land available for such development. It provides for infrastructure and environmental protection and establishes safeguards to prevent these developments from contributing to sprawl.
This bill includes an emergency clause in section 2. This section is ill advised when establishing a process of this nature. The process established will take many months to complete and will require the collaborative efforts of counties and cities. Preventing this bill from being subject to a referendum under Article II, section 1(b) of the State Constitution unnecessarily denies the people of this state their power, at their own option, to approve or reject this bill at the polls.
With the exception of section 2, Engrossed Senate Bill No. 5019 is approved.
Respectfully submitted,
Mike Lowry, Governor
MESSAGE FROM THE GOVERNOR
May 1, 1995
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on May 1, 1995, Governor Lowry approved the following Senate Bills entitled:
Senate Bill No. 5029
Relating to the children's services advisory committee.
Senate Bill No. 5142
Relating to payment agreements.
Substitute Senate Bill No. 5182
Relating to county fiscal biennium budgets.
Substitute Senate Bill No. 5183
Relating to county auditors.
Senate Bill No. 5239
Relating to registration of sex offenders.
Senate Bill No. 5275
Relating to consolidation of cities and towns.
Senate Bill No. 5282
Relating to confidentiality of certain information of the department of revenue.
Substitute Senate Bill No. 5308
Relating to the use of examinations in the credentialing of health professionals.
Senate Bill No. 5399
Relating to refining industrial insurance actions.
Substitute Senate Bill No. 5403
Relating to the Washington state horse park.
Senate Bill No. 5755
Relating to the application of use tax on donated property to nonprofit charitable organizations.
Senate Bill No. 5848
Relating to retrocession of criminal jurisdiction.
Senate Bill No. 5895
Relating to permitting the exchange of state park lands within the Seashore Conservation Area.
Sincerely,
KENT CAPUTO, Legal Counsel to the Governor
MOTION
At 10:07 a.m., on motion of Senator Spanel, the Senate recessed until 1:00 p.m.
The Senate was called to order at 1:13 p.m. by President Pro Tempore Wojahn.
INTRODUCTION AND FIRST READING
SCR 8414 by Senators Gaspard and McDonald
Exempting Senate Bill No. 6073 from the resolution limiting the subjects to be considered in the 1995 first special session.
WHEREAS, It is the purpose of this resolution to exempt Senate Bill No. 6073 from the limitations of Senate Concurrent Resolution No. 8412, which limits the subjects to be considered in the 1995 first special session;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the State of Washington, the House of Representatives concurring, That Senate Bill No. 6073 be exempted from the limitations of Senate Concurrent Resolution No. 8412.
MOTIONS
On motion of Senator Spanel, the rules were suspended, Senate Concurrent Resolution No. 8414 was advanced to second reading and read the second time.
Senator Spanel moved that the rules be suspended and Senate Concurrent Resolution No. 8414 be advanced to third reading, the second reading considered the third and the resolution be placed on third reading and final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of Senate Concurrent Resolution No. 8414.
SENATE CONCURRENT RESOLUTION NO. 8414 was adopted by voice vote.
SECOND READING
SENATE BILL NO. 6073, by Senators Smith and Schow
Amending RCW 46.63.020 to include reference to section 5 of Substitute Senate Bill No. 5141.
The bill was read the second time.
MOTION
On motion of Senator Smith, the rules were suspended, Senate Bill No. 6073 was advanced to third reading, the second reading considered the third and 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. 6073.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6073 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 0; Absent, 2; Excused, 9.
Voting yea: Senators Anderson, A., Bauer, Cantu, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Sutherland, West, Winsley and Wojahn - 38.
Absent: Senators Drew and Heavey - 2.
Excused: Senators Anderson, C., Deccio, Fairley, McCaslin, McDonald, Sellar, Strannigan, Swecker and Wood - 9.
SENATE BILL NO. 6073, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the President Pro Tempore reverted the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
May 1, 1995
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5408, with the following amendments:
On page 1, line 8, after "instruction" insert ", in consultation with the regional transportation coordinators of the educational service districts,"
On page 1, line 11, after "superintendent" insert ", in consultation with the regional transportation coordinators of the educational service districts,"
On page 1, line 12, after "bus." insert "The categories shall be developed to produce minimum long range operating costs, including costs of equipment and all costs in operating the vehicles. The categories, for purposes of comparative studies, will be at a minimum the same as those in the beginning of the 1994-95 school year."
On page 1, line 15, after "superintendent" insert "in consultation with the regional transportation coordinators of the educational service districts"
On page 6, line 24, after "December 15," strike "1995" and insert "1996"
On page 6, line 25, after "instruction" insert ", in consultation with the legislative budget committee,", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Rinehart moved that the Senate do concur in the House amendments to Engrossed Substitute Senate Bill No. 5408.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the motion by Senator Rinehart that the Senate do concur in the House amendments to Engrossed Substitute Senate Bill No. 5408.
The motion by Senator Rinehart carried and the Senate concurred in the House amendments to Engrossed Substitute Senate Bill No. 5408.
MOTION
On motion of Senator Loveland, Senator Heavey 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. 5408, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5408, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 36; Nays, 5; Absent, 0; Excused, 8.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Johnson, Kohl, Long, Loveland, McAuliffe, Moyer, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sheldon, Smith, Snyder, Spanel, Sutherland, West, Winsley, Wojahn and Wood - 36.
Voting nay: Senators Haugen, Hochstatter, Morton, Owen and Schow - 5.
Excused: Senators Anderson, C., Fairley, Heavey, McCaslin, McDonald, Sellar, Strannigan and Swecker - 8.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5408, as amended by the House, 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.
MESSAGE FROM THE HOUSE
May 2, 1995
MR. PRESIDENT:
The Speaker has signed ENGROSSED SUBSTITUTE SENATE BILL NO. 5102, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
At 1:21 p.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Wednesday, May 3, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate