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NINETEENTH DAY


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MORNING SESSION


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Senate Chamber, Olympia, Friday, January 26, 1996

      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 Deccio, Moyer, Quigley and Roach. On motion of Senator Thibaudeau, Senator Quigley was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Megan Baseman and Derek Mahoney, presented the Colors. Reverend Sandra Lee, pastor of the Olympia Unitarian Universalist Congregation, 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


January 24, 1996

ESSB 5530        Prime Sponsor, Senate Committee on Law and Justice: Authorizing the use of automated traffic enforcement systems. Reported by Committee on Law and Justice


      MAJORITY Recommendation: That Second Substitute Senate Bill No. 5530 be substituted therefor, and the second substitute bill do pass. Signed by Senators Smith, Chair; Fairley, Vice Chair; Goings, Hargrove, Haugen, Johnson, Long, McCaslin, Roach and Schow.


      Passed to Committee on Rules for second reading.


January 24, 1996

SB 5614             Prime Sponsor, Senator Pelz: Revising provisions relating to compensation during appeal of department of labor and industries industrial insurance orders. Reported by Committee on Labor, Commerce and Trade


      MAJORITY Recommendation: Do pass. Signed by Senators Pelz, Chair; Heavey, Vice Chair; Franklin, Fraser and Wojahn.


      Passed to Committee on Rules for second reading.


January 24, 1996

SB 5615             Prime Sponsor, Senator Pelz: Revising provisions relating to compensation during reconsideration of department of labor and industries industrial insurance orders. Reported by Committee on Labor, Commerce and Trade


      MAJORITY Recommendation: Do pass. Signed by Senators Pelz, Chair; Heavey, Vice Chair; Franklin, Fraser and Wojahn.


      Passed to Committee on Rules for second reading.


January 24, 1996

ESB 5841           Prime Sponsor, Senator Pelz: Enacting the personnel system reform act of 1995. Reported by Committee on Labor, Commerce and Trade


      MAJORITY Recommendation: That Substitute Senate Bill No. 5841 be substituted therefor, and the substitute bill do pass. Signed by Senators Pelz, Chair; Heavey, Vice Chair; Franklin, Fraser and Wojahn.


      Referred to Committee on Ways and Means.


January 24, 1996

SB 6078             Prime Sponsor, Senator Heavey: Representing regional transit authority projects. Reported by Committee on Transportation


      MAJORITY Recommendation: That Substitute Senate Bill No. 6078 be substituted therefor, and the substitute bill do pass. Signed by Senators Owen, Chair; Heavey, Vice Chair; Goings, Morton, Oke, Prentice, Prince, Rasmussen, Schow, Thibaudeau and Wood.


      Passed to Committee on Rules for second reading.


January 25, 1996

SB 6100             Prime Sponsor, Senator Haugen: Requiring biennial progress reports from the department of ecology. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Pelz, Roach, Sheldon, Snyder, Spanel, Sutherland, West, Winsley and Wojahn.


      Passed to Committee on Rules for second reading.


January 24, 1996

SB 6112             Prime Sponsor, Senator Wojahn: Increasing allowable costs for vocational rehabilitation. Reported by Committee on Labor, Commerce and Trade


      MAJORITY Recommendation: That Substitute Senate Bill No. 6112 be substituted therefor, and the substitute bill do pass. Signed by Senators Pelz, Chair; Heavey, Vice Chair; Franklin, Fraser and Wojahn.


      Passed to Committee on Rules for second reading.


January 25, 1996

SB 6146             Prime Sponsor, Senator Loveland: Revising procedures for minimizing property damage by wildlife. Reported by Committee on Natural Resources


      MAJORITY Recommendation: That Substitute Senate Bill No. 6146 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Drew, Chair; Spanel, Vice Chair; A. Anderson, Hargrove, Haugen, Morton, Oke, Owen, Snyder, Strannigan and Swecker.


      Referred to Committee on Ways and Means.


January 24, 1996

SB 6169             Prime Sponsor, Senator Smith: Amending the business corporation act. Reported by Committee on Law and Justice


      MAJORITY Recommendation: That Substitute Senate Bill No. 6169 be substituted therefor, and the substitute bill do pass. Signed by Senators Smith, Chair; Fairley, Vice Chair; Goings, Hargrove, Haugen, Johnson, Long, McCaslin, Roach and Schow.


      Passed to Committee on Rules for second reading.


January 25, 1996

SB 6184             Prime Sponsor, Senator Loveland: Crediting certain insurance premium taxes. Reported by Committee on Financial Institutions and Housing


      MAJORITY Recommendation: That the bill be referred to Committee on Ways and Means without recommendation. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale, Sellar and Sutherland.


      Referred to Committee on Ways and Means.


January 24, 1996

SB 6237             Prime Sponsor, Senator Prince: Permitting the use of certain wireless communications and computer equipment in vehicles. Reported by Committee on Transportation


      MAJORITY Recommendation: That Substitute Senate Bill No. 6237 be substituted therefor, and the substitute bill do pass. Signed by Senators Owen, Chair; Heavey, Vice Chair; Goings, Morton, Oke, Prentice, Prince, Rasmussen, Schow, Thibaudeau and Wood.


      Passed to Committee on Rules for second reading.


January 24, 1996

SB 6241             Prime Sponsor, Senator Sellar: Allowing certain towns to maintain hotel/motel taxes for tourism promotion. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That Substitute Senate Bill No. 6241 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Fraser, Hargrove, Johnson, Long, McDonald, Moyer, Roach, Sheldon, Spanel, West and Winsley.


      Passed to Committee on Rules for second reading.


January 25, 1996

SB 6247             Prime Sponsor, Senator Sheldon: Revising economic development activities. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Kohl, Long, McDonald, Pelz, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.


      Passed to Committee on Rules for second reading.


January 25, 1996

SB 6292             Prime Sponsor, Senator Prentice: Defining member insurers and who they cover. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That the bill be referred to Committee on Financial Institutions and Housing without recommendation. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Pelz, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.


      Referred to Committee on Financial Institutions and Housing.


January 25, 1996

SB 6312             Prime Sponsor, Senator Bauer: Changing the tuition exemption for veterans of the Persian Gulf combat zone. Reported by Committee on Higher Education


      MAJORITY Recommendation: Do pass. Signed by Senators Bauer, Chair; Kohl, Vice Chair; Drew, Hale, McAuliffe, Prince, Rasmussen, Sheldon, West, Wood and Zarelli.


      Passed to Committee on Rules for second reading.


January 25, 1996

SB 6313             Prime Sponsor, Senator Rinehart: Waiving tuition and fees for certain state employees. Reported by Committee on Higher Education


      MAJORITY Recommendation: That Substitute Senate Bill No. 6313 be substituted therefor, and the substitute bill do pass. Signed by Senators Bauer, Chair; Kohl, Vice Chair; Hale, McAuliffe, Rasmussen, Wood and Zarelli.


      Passed to Committee on Rules for second reading.


January 25, 1996

SB 6397             Prime Sponsor, Senator Sheldon: Providing business and occupation tax exemptions for auctions and wholesale transactions involving motor vehicles. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That Substitute Senate Bill No. 6397 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Pelz, Roach, Sheldon, Snyder, Spanel, Strannigan, West, Winsley and Wojahn.


      Passed to Committee on Rules for second reading.


January 24, 1996

SB 6415             Prime Sponsor, Senator Pelz: Eliminating unemployment compensation disqualification for participation in employer sponsored programs for voluntary work force reductions. Reported by Committee on Labor, Commerce and Trade


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Pelz, Chair; Heavey, Vice Chair; Franklin, Fraser and Wojahn.


      Passed to Committee on Rules for second reading.


January 24, 1996

SB 6445             Prime Sponsor, Senator Sutherland: Making changes to water supply regulation. Reported by Committee on Ecology and Parks


      MAJORITY Recommendation: That Substitute Senate Bill No. 6445 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; Fairley, Vice Chair; Hochstatter, McAuliffe, Spanel and Swecker.


      Passed to Committee on Rules for second reading.


January 25, 1996

SB 6453             Prime Sponsor, Senator Sutherland: Allowing phone companies and other information providers to include listings for elective officials in their directories free of charge. Reported by Committee on Energy, Telecommunications and Utilities


      MAJORITY Recommendation: Do pass. Signed by Senators Sutherland, Chair; Loveland, Vice Chair; Finkbeiner, Hochstatter and Owen.


      Passed to Committee on Rules for second reading.


January 25, 1996

SB 6456             Prime Sponsor, Senator Fraser: Allowing a property tax credit as an incentive for the improvement and restoration of streams, rivers, and riparian areas. Reported by Committee on Natural Resources


      MAJORITY Recommendation: That Substitute Senate Bill No. 6456 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Drew, Chair; Spanel, Vice Chair; A. Anderson, Hargrove, Haugen, Morton, Oke, Owen, Snyder and Strannigan.


      Referred to Committee on Ways and Means.


January 24, 1996

SB 6489             Prime Sponsor, Senator Owen: Clarifying criteria for refund of overpayments of vehicle and vessel license fees. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Owen, Chair; Heavey, Vice Chair; Goings, Morton, Oke, Prentice, Prince, Rasmussen, Schow, Thibaudeau and Wood.


      Passed to Committee on Rules for second reading.


January 25, 1996

SB 6582             Prime Sponsor, Senator Kohl: Reducing financial disparities between part-time and full-time faculty at community and technical colleges. Reported by Committee on Higher Education


      MAJORITY Recommendation: That Substitute Senate Bill No. 6582 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Bauer, Chair; Kohl, Vice Chair; Hale, McAuliffe, Prince, Rasmussen, Sheldon, West, Wood and Zarelli.


      Referred to Committee on Ways and Means.


January 25, 1996

SB 6583             Prime Sponsor, Senator Spanel: Clarifying eligibility requirements for state-funded benefits for part-time academic employees of community and technical colleges. Reported by Committee on Higher Education


      MAJORITY Recommendation: That Substitute Senate Bill No. 6583 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Bauer, Chair; Kohl, Vice Chair; Hale, McAuliffe, Prince, Rasmussen, Sheldon, West, Wood and Zarelli.


      Referred to Committee on Ways and Means.


January 25, 1996

SB 6618             Prime Sponsor, Senator Snyder: Measuring state fiscal conditions. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That Substitute Senate Bill No. 6618 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Kohl, Long, McDonald, Pelz, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.


      Passed to Committee on Rules for second reading.


January 25, 1996

SB 6671             Prime Sponsor, Senator McDonald: Changing the name of the economic and revenue forecast council to the economic, revenue, and caseload forecast council, and amending its duties accordingly. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That Substitute Senate Bill No. 6671 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Pelz, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.


      Passed to Committee on Rules for second reading.


January 25, 1996

SB 6680             Prime Sponsor, Senator Snyder: Strengthening legislative review of agency performance. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That Substitute Senate Bill No. 6680 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Pelz, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.


      Passed to Committee on Rules for second reading.


January 25, 1996

SB 6687             Prime Sponsor, Senator Schow: Ordering the legislative budget committee to perform a study of class II tax reduction industries. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That the bill be referred to Committee on Human Services and Corrections without recommendation. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Pelz, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.


      Referred to Committee on Human Services and Corrections.


January 25, 1996

SB 6703             Prime Sponsor, Senator Fraser: Providing for historic preservation. Reported by Committee on Government Operations


      MAJORITY Recommendation: That the bill be referred to Committee on Ecology and Parks without recommendation. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Goings, Hale, Heavey, McCaslin and Winsley.


      Referred to Committee on Ecology and Parks.


REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS


January 25, 1996

GA 9196            RACHEL GARSON, appointed November 6, 1995, for a term ending August 2, 1998, as a member of the Lottery Commission.

                           Reported by Committee on Labor, Commerce and Trade


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Pelz, Chair; Heavey, Vice Chair; Franklin, Fraser and Newhouse.


      Passed to the Committee on Rules.


January 25, 1996

GA 9215            NATHAN S. FORD, appointed October 9, 1995, for a term ending January 15, 1999, as a member of the Liquor Control Board.

                           Reported by Committee on Labor, Commerce and Trade


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Pelz, Chair; Heavey, Vice Chair; Franklin, Fraser and Newhouse.


      Passed to the Committee on Rules.


INTRODUCTION AND FIRST READING

 

SB 6716             by Senators Thibaudeau, Wood and Drew

 

AN ACT Relating to the domestic animal fit for purchase certificate; adding a new section to chapter 16.52 RCW; and prescribing penalties.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 6717             by Senators Thibaudeau and Roach

 

AN ACT Relating to Fircrest school; adding new sections to chapter 79.01 RCW; and adding new sections to chapter 43.131 RCW.

 

Referred to Committee on Human Services and Corrections.

 

SB 6718             by Senators Sutherland, McDonald, Finkbeiner, Winsley, Haugen and Hochstatter (by request of State Archivist)

 

AN ACT Relating to archives and records management; amending RCW 40.14.025 and 40.14.027; adding a new section to chapter 36.22 RCW; adding a new section to chapter 40.14 RCW; and providing an effective date.

 

Referred to Committee on Ways and Means.

 

SB 6719             by Senators Prentice and Fraser

 

AN ACT Relating to business opportunity fraud; amending RCW 19.110.010, 19.110.020, 19.110.050, 19.110.070, 19.110.100, and 19.110.150; and prescribing penalties.

 

Referred to Committee on Financial Institutions and Housing.

 

SB 6720             by Senators Pelz, Deccio, Heavey, Hochstatter, Wojahn, Newhouse, West, Oke and Winsley

 

AN ACT Relating to the location of Indian gaming facilities; and amending RCW 9.46.360.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 6721             by Senators Pelz, Moyer, Heavey, Oke, Bauer, Winsley and Hochstatter

 

AN ACT Relating to tobacco prevention programs for youth; adding a new section to chapter 82.24 RCW; adding new sections to chapter 43.70 RCW; creating a new section; and providing an effective date.

 

Referred to Committee on Health and Long-Term Care.

 

SB 6722             by Senators Pelz, Wojahn, Heavey, Goings, Hargrove, Rasmussen, Winsley and Kohl

 

AN ACT Relating to safeguarding summer youth employment and training programs; adding new sections to chapter 50.72 RCW; creating new sections; and making an appropriation.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 6723             by Senators Pelz, Goings, Hargrove, Heavey, Wojahn, Rasmussen, Winsley and Kohl

 

AN ACT Relating to safeguarding employment, training, and development programs for young men and women in Washington state; adding new sections to chapter 50.72 RCW; creating new sections; and making an appropriation.

 

Referred to Committee on Labor, Commerce and Trade.

 

SB 6724             by Senators Moyer, Fairley, Wood and Winsley

 

AN ACT Relating to health facilities and services; amending RCW 70.38.025; adding a new chapter to Title 70 RCW; creating new sections; decodifying RCW 70.38.155, 70.38.156, 70.38.157, 70.38.914, 70.38.915, 70.38.916, 70.38.917, 70.38.918, and 70.38.919; repealing RCW 70.38.095; prescribing penalties; and providing effective dates.

 

Referred to Committee on Health and Long-Term Care.

 

SB 6725             by Senators Sutherland, Finkbeiner and Hochstatter

 

AN ACT Relating to exempting electrical switchgear and control apparatus from chapter 70.79 RCW; and amending RCW 70.79.080.

 

Referred to Committee on Energy, Telecommunications and Utilities.

 

SB 6726             by Senators Prentice, Spanel and Thibaudeau

 

AN ACT Relating to the utilities and transportation commission; adding a new section to chapter 80.04 RCW; and creating a new section.

 

Referred to Committee on Energy, Telecommunications and Utilities.

 

SB 6727             by Senators McAuliffe, Hochstatter, Franklin and Prentice

 

AN ACT Relating to medicinal and catheterization administration in public schools; and amending RCW 28A.210.260 and 28A.210.280.

 

Referred to Committee on Education.

 

SB 6728             by Senators Loveland, Prince, Heavey, Deccio, Snyder, Rasmussen, West and Roach

 

AN ACT Relating to the thoroughbred industry; amending RCW 67.16.105 and 67.16.170; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; and adding a new section to chapter 81.12 RCW.

 

Referred to Committee on Ways and Means.


MOTION


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


SENATE RESOLUTION 1996-8679


By Senators West, Snyder, Cantu, Sellar, McCaslin, Oke, Zarelli, Owen, Anderson, Wojahn, Hochstatter, Hale, Franklin, Spanel, Haugen, Sheldon, Long, Wood, Kohl and Rasmussen


      WHEREAS, Over nine thousand men and women of the Washington State National Guard continue to serve the country as a key part of our national defense; and

      WHEREAS, These citizen soldiers reside in every legislative district throughout Washington and through the gift of their time and personal energies serve the needs of the people of Washington State; and

      WHEREAS, The Guard is active in promoting positive activities for the youth of our state through active involvement in the D.A.R.E. program, drug demand reduction presentations at local schools, and Camp Minuteman, a motivational summer youth experience at Camp Murray; and

      WHEREAS, The Guard makes a major contribution to our state’s war on drugs by dedicating soldiers, airmen, and equipment to support forty-three different local law enforcement agencies. These counterdrug support efforts by our men and women last year contributed to 5,548 drug related arrests, and the seizure and destruction of nearly four hundred ten million dollars of illegal drugs; and

      WHEREAS, In local communities, the Guard continues to be an essential source of social support for local communities by making armories available for public use for classes, food banks, and community and youth activities. The Guard also answered numerous calls for assistance from local communities for missions varying from traditional color guards to hauling food in support of anti-hunger initiatives; and

      WHEREAS, The Guard continues to demonstrate its essential state role as an integral part of the state’s ability to protect and sustain the lives and property of its citizens. The Guard was ready when winds and floods threatened Western Washington citizens last November. In August and September 1994, when a great conflagration sped through Central Washington and its communities, more than 3,500 Guard soldiers and airmen with mass amounts of vital equipment swelled the ranks of fire fighters and rescuers. From the response to Mt. St Helen’s eruption, the Spokane wildfire, Skagit River Valley floods, to the Inauguration Day windstorm, the Guard has accomplished its mission in the face of frequent danger and constant adversity without the loss of life or significant injury; and

      WHEREAS, These soldiers and airmen sacrifice their time, comfort and their energies to protect and preserve the lives and property of their fellow citizens, and demonstrate the vitality of the great tradition of sacrifice and service to state and nation that characterize the Washington National Guard; and

      WHEREAS, The men and women of the Washington National Guard, who follow the long tradition of guardians of our democracy, began with the citizen soldiers of the Massachusetts Bay Colony in 1636, a tradition that is encoded in the United States Constitution as a bulwark to preserve the independence of the people and the sovereignty of the states, and is continued in our own State Constitution Act;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate express its appreciation to the families and employers of our Guard soldiers and airmen for their support without which the Guard’s mission could not be successful; and

      BE IT FURTHER RESOLVED, That the Senate specifically and particularly recognize the value of a strong Washington State National Guard to the economy and well-being of this state, both through the occasional performance of its state disaster relief mission, and through the ongoing benefit to local communities by the presence of productively employed, drug free, and efficiently trained Guard members and the armories that house them; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted to the Adjutant General of the Washington State National Guard, the Governor of the state of Washington, the Secretary of the Army, the Secretary of the Air Force, and to the President of the United States, the Honorable Bill Clinton.


      Senators West and Oke spoke to Senate Resolution 1996-8679.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced members of the Washington State National Guard, who were seated in the gallery.


MOTION


      On motion of Senator Spanel, the Senate reverted to the sixth order of business.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Spanel, Gubernatorial Appointment No. 9191, Craig Cole, as a member of the Human Rights Commission, was confirmed.


APPOINTMENT OF CRAIG COLE


      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, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.

      Absent: Senators Deccio, Moyer and Roach - 3.

      Excused: Senator Quigley - 1.


MOTION


      On motion of Senator Anderson, Senators Deccio, Moyer and Roach were excused.


MOTION


      On motion of Senator Wojahn, Gubernatorial Appointment No. 9229, Lyle Quasim, as Secretary of the Department of Social and Health Services, was confirmed.

      Senators Wojahn, Winsley and Hargrove spoke to the confirmation of Lyle Quasim as Secretary of the Department of Social and Health Services.


APPOINTMENT OF LYLE QUASIM


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 2; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 43.

      Voting nay: Senators Strannigan and Zarelli - 2.

      Excused: Senators Deccio, Moyer, Quigley and Roach - 4.


MOTION


      At 10:33 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 11:25 a.m. by President Pritchard.


SECOND READING


      SENATE BILL NO. 5250, by Senators Owen, Haugen, Hargrove, Rasmussen, Prince, Morton and Prentice

 

Regulating collection of historic and special interest motor vehicles.


MOTIONS


      On motion of Senator Owen, Substitute Senate Bill No. 5250 was substituted for Senate Bill No. 5250 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Owen, the rules were suspended, Substitute Senate Bill No. 5250 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Anderson, Senators, Johnson, Schow and Zarelli were excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5250.


ROLL CALL


      The Secretary call the final passage of Substitute Senate Bill No. 5250 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 1; Absent, 0; Excused, 7.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 41.

      Voting nay: Senator Hargrove - 1.

      Excused: Senators Deccio, Johnson, Moyer, Quigley, Roach, Schow and Zarelli - 7.

      SUBSTITUTE SENATE BILL NO. 5250, having received the constitutional majority, was declared passed. Their being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE SENATE BILL NO. 5322, by Senate Committee on Ways and Means (originally sponsored by Senators Gaspard, Roach, McDonald, Rinehart, Heavey, Johnson, Franklin, Loveland, West and Winsley)

 

Providing a death benefit award.


MOTIONS


      On motion of Senator Rinehart, Second Substitute Senate Bill No. 5322 was substituted for Substitute Senate Bill No. 5322 and the second substitute bill was placed on second reading and read the second time.

      Senator Haugen moved that the following amendments by Senators Haugen and Winsley be considered simultaneously and be adopted:

      On page 1, line 15, after "75.08.011;" insert the following: "(d) any volunteer fire fighter under chapter 41.24 RCW;"

      On page 1, line 15, after "and" strike "(d)" and insert "(e)"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senators Haugen and Winsley on page 1, line 15(2), to Second Substitute Senate Bill No. 5322.

      The motion by Senator Haugen carried and the amendments were adopted.


MOTION


      On motion of Senator Rinehart, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5322 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5322.


ROLL CALL


      The Secretary call the final passage of Engrossed Second Substitute Senate Bill No. 5322 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 6; Absent, 0; Excused, 7.

      Voting yea: Senators Anderson, A., Bauer, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, McCaslin, McDonald, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 36.

      Voting nay: Senators Cantu, Hochstatter, Long, Morton, Newhouse and Oke - 6.

      Excused: Senators Deccio, Johnson, Moyer, Quigley, Roach, Schow and Zarelli - 7.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5322, having received the constitutional majority, was declared passed. Their being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6414, by Senators Pelz and Newhouse (by request of Employment Security Department)

 

Providing for federal income tax withholding from unemployment compensation benefits.


      The bill was read the second time.


MOTION


      On motion of Senator Pelz, the rules were suspended, Senate Bill No. 6414 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6414.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6414 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 42.

      Excused: Senators Deccio, Johnson, Moyer, Quigley, Roach, Schow and Zarelli - 7.

      SENATE BILL NO. 6414, having received the constitutional majority, was declared passed. Their being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6366, by Senators Haugen, Prince, Wojahn, Sutherland, Winsley and Snyder (by request of Washington State Historical Society)

 

Authorizing the Washington state historical society to work with the Lewis and Clark trail committee in developing activities to commemorate the Lewis and Clark trail bicentennial.


      The bill was read the second time.


MOTION


      On motion of Senator Fraser, the rules were suspended, Senate Bill No. 6366 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6366.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6366 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 43.

      Excused: Senators Deccio, Johnson, Moyer, Quigley, Roach and Zarelli - 6.

      SENATE BILL NO. 6366, having received the constitutional majority, was declared passed. Their being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5687, by Senators Long, Rasmussen, Johnson, Bauer, Kohl, Finkbeiner, Fairley, C. Anderson, Hochstatter, Gaspard, Pelz, Prince and Winsley

 

Changing provisions relating to instruction in Braille.


MOTIONS


      On motion of Senator McAuliffe, Second Substitute Senate Bill No. 5687 was substituted for Senate Bill No. 5687 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator McAuliffe, the rules were suspended, Second Substitute Senate Bill No. 5687 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5687.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5687 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44.

      Excused: Senators Deccio, Johnson, Moyer, Quigley and Roach - 5.

      SECOND SUBSTITUTE SENATE BILL NO. 5687, having received the constitutional majority, was declared passed. Their being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6091, by Senators Haugen, Winsley, Sheldon, Drew, McCaslin, Long, Hale, Snyder, Heavey and Sellar

 

Converting water and sewer districts into water-sewer districts.


MOTIONS


      On motion of Senator Haugen, Substitute Senate Bill No. 6091 was substituted for Senate Bill No. 6091 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6091 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6091.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6091 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44.

      Excused: Senators Deccio, Johnson, Moyer, Quigley and Roach - 5.

      SENATE BILL NO. 6091, having received the constitutional majority, was declared passed. Their being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Spanel, the Senate advanced to the ninth order of business.


MOTIONS


      On motion of Senator Spanel, the Committee on Labor, Commerce and Trade was relieved of further consideration of Senate Bill No. 6643.

      On motion of Senator Spanel, Senate Bill No. 6643 was referred to the Committee on Health and Long-Term Care.


MOTION


      Senator West moved that the Committee on Ways and Means be immediately relieved of further consideration of Substitute House Bill No. 1957 and that Substitute House Bill No. 1957 be placed on the second reading calendar.

      Debate ensued.

      Senator Newhouse demanded a roll call and the demand was sustained.


PARLIAMENTARY INQUIRY


      Senator Snyder: "A parliamentary inquiry, Mr. President. How many votes does this take to relieve the committee?"


RULING BY THE PRESIDENT


      President Pritchard: "Twenty-five votes."

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the adoption of the motion by Senator West to immediately relieve the Committee on Ways and Means of further consideration of Substitute House Bill No. 1957 and to place Substitute House Bill No. 1957 on the second reading calendar.


ROLL CALL


      The Secretary called the roll and the motion by Senator West to relieve the Committee on Ways and Means of Substitute House Bill No. 1957 failed by the following vote: Yeas, 21; Nays, 24; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Cantu, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Schow, Sellar, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 21.

      Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau and Wojahn - 24.

      Excused: Senators Deccio, Moyer, Quigley and Roach - 4.


PERSONAL PRIVILEGE


      Senator Snyder: "A point of personal privilege. Mr. President and members of the Senate, there was an article in the P.I. on Monday in which I made a very disparaging remark about Congresswoman Linda Smith. It was completely uncalled for on my part and I want to stand today and make a public apology to Congresswoman Smith, and I hope that she accepts my apology. Thank you."


MOTION


      At 12:10 p.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m., Monday, January 29, 1996.


JOEL PRITCHARD, President of the Senate


MARTY BROWN, Secretary of the Senate