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THIRTIETH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Tuesday, February 6, 1996

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 Anderson, McAuliffe, McDonald, Quigley and Rasmussen. On motion of Senator Thibaudeau, Senators McAuliffe and Rasmussen were excused. On motion of Senator Wood, Senator Anderson was excused.

The Sergeant at Arms Color Guard, consisting of Pages Amy Morford and Greta Olson, presented the Colors. Elder James Erlandson from the Reorganized Church of Jesus Christ of Latter-Day Saints, 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

February 2, 1996

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2227, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

February 2, 1996

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 2151,

HOUSE BILL NO. 2152,

HOUSE BILL NO. 2153,

SUBSTITUTE HOUSE BILL NO. 2195,

SUBSTITUTE HOUSE BILL NO. 2201,

HOUSE BILL NO. 2203,

SUBSTITUTE HOUSE BILL NO. 2218, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

February 5, 1996

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 1626,

HOUSE BILL NO. 2016,

SUBSTITUTE HOUSE BILL NO. 2118,

SUBSTITUTE HOUSE BILL NO. 2140,

SUBSTITUTE HOUSE BILL NO. 2163,

SUBSTITUTE HOUSE BILL NO. 2171,

SUBSTITUTE HOUSE BILL NO. 2188,

HOUSE BILL NO. 2190,

SUBSTITUTE HOUSE BILL NO. 2281,

HOUSE BILL NO. 2285,

HOUSE BILL NO. 2322,

HOUSE BILL NO. 2392,

SUBSTITUTE HOUSE BILL NO. 2394,

HOUSE BILL NO. 2414,

HOUSE BILL NO. 2457,

HOUSE BILL NO. 2474,

SUBSTITUTE HOUSE BILL NO. 2520,

SUBSTITUTE HOUSE BILL NO. 2535,

SUBSTITUTE HOUSE BILL NO. 2565,

SUBSTITUTE HOUSE BILL NO. 2580,

HOUSE BILL NO. 2611,

HOUSE BILL NO. 2621,

HOUSE BILL NO. 2623,

HOUSE BILL NO. 2652,

HOUSE BILL NO. 2659,

HOUSE BILL NO. 2660,

HOUSE BILL NO. 2661, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

INTRODUCTION AND FIRST READING

SB 6769 by Senators Rinehart, West and Winsley

AN ACT Relating to eligibility for general assistance; reenacting and amending RCW 74.04.005; and creating a new section.

Referred to Committee on Ways and Means.

SB 6770 by Senators Fairley and Kohl

AN ACT Relating to protection and restoration of streamside buffers to provide for water quality and salmonid and shellfish habitat; adding a new chapter to Title 90 RCW; prescribing penalties; and declaring an emergency.

Referred to Committee on Natural Resources.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

SHB 1626 by House Committee on Finance (originally sponsored by Representatives Van Luven, Morris, Campbell, Hargrove and Dickerson)

Exempting from sales and use tax medicines prescribed by naturopaths.

Referred to Committee on Ways and Means.

HB 2016 by Representatives Mulliken, Carlson, Jacobsen, Blanton, Silver and Conway

Authorizing the higher education coordinating board to contract for cooperative arrangements with independent colleges and universities.

Referred to Committee on Higher Education.

SHB 2118 by House Committee on Government Operations (originally sponsored by Representatives D. Schmidt, Scott, Blanton, Quall and Thompson)

Harmonizing various election procedures.

Referred to Committee on Government Operations.

SHB 2140 by House Committee on Government Operations (originally sponsored by Representatives L. Thomas, Chopp and Murray)

Revising election laws and procedures for cities and towns.

Referred to Committee on Government Operations.

SHB 2151 by House Committee on Health Care (originally sponsored by Representatives Dyer, Backlund, Cody and Murray) (by request of Department of Health)

Establishing uniform licensing procedures.

Referred to Committee on Health and Long-Term Care.

HB 2152 by Representatives Dyer, Backlund, Cody, Morris, Carlson, Thompson, Costa and Murray (by request of Department of Health)

Revising provisions for adult family home licensing and operation.

Referred to Committee on Health and Long-Term Care.

HB 2153 by Representatives Skinner, McMorris, Grant, Clements and Thompson

Including public hospital districts as authorized self-insurers.

Referred to Committee on Labor, Commerce and Trade.

SHB 2163 by House Committee on Government Operations (originally sponsored by Representatives Benton, D. Schmidt, Smith and Thompson)

Revising nonpartisan election laws.

Referred to Committee on Government Operations.

SHB 2171 by House Committee on Corrections (originally sponsored by Representatives McMahan, Sheahan, Delvin, Costa, Morris, Blanton, Quall, Dickerson, Thompson and Hargrove) (by request of Department of Corrections)

Extending no-contact restrictions on sentences to time in confinement.

Referred to Committee on Law and Justice.

SHB 2188 by House Committee on Health Care (originally sponsored by Representatives Backlund, Hymes, Dyer, Sherstad and Horn)

Requiring a majority vote of the medical quality assurance commission to revoke a physician's license.

Referred to Committee on Health and Long-Term Care.

HB 2190 by Representatives Dyer and B. Thomas

Exempting railroad associations from certain fees.

Referred to Committee on Transportation.

SHB 2195 by House Committee on Corrections (originally sponsored by Representatives Blanton, Quall, Sheldon and Costa) (by request of Department of Corrections)

Authorizing the department of corrections to intercept, record, and divulge electronically monitored inmate conversations.

Referred to Committee on Human Services and Corrections.

SHB 2201 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Mastin, Mulliken, Honeyford, Robertson, Boldt and Goldsmith)

Authorizing a change in the use of water made surplus by certain activities and modifying transfer provisions.

Referred to Committee on Ecology and Parks.

HB 2203 by Representatives Mastin, Chandler, Honeyford and Robertson

Establishing criteria to determine hydraulic continuity.

Referred to Committee on Ecology and Parks.

SHB 2218 by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Schoesler, Radcliff, Koster, Smith, Horn, Sheahan, Thompson, Blanton, Costa, Backlund and Quall)

Forfeiting an offender's earned early release time for certain acts involving civil actions.

Referred to Committee on Human Services and Corrections.

ESHB 2227 by House Committee on Law and Justice (originally sponsored by Representatives Sterk, Sheahan, L. Thomas, Honeyford, Robertson, Stevens, Koster, Carlson, Thompson and Costa)

Changing provisions relating to felony traffic offenses.

Referred to Committee on Law and Justice.

SHB 2281 by House Committee on Corrections (originally sponsored by Representatives Sehlin, Sheahan, Blanton, Backlund, Goldsmith, L. Thomas, Mulliken, McMahan, Patterson, Conway and Chopp)

Improving address reporting by sex offenders.

Referred to Committee on Human Services and Corrections.

HB 2285 by Representatives Mastin and Carlson (by request of Higher Education Coordinating Board)

Changing provisions for degree granting institutions.

Referred to Committee on Higher Education.

HB 2322 by Representatives McMorris, Mastin, Chandler, Schoesler, McMahan, Skinner, Goldsmith, L. Thomas, Mulliken, Sheldon, Johnson, Thompson and Hargrove

Providing exemptions from industrial insurance for persons under age twenty-one employed on family farms.

Referred to Committee on Labor, Commerce and Trade.

HB 2392 by Representatives Tokuda, Ballasiotes, Chopp, Mason, Wolfe, Radcliff, Poulsen, Schoesler, Veloria, Cooke, Murray, Blanton and Costa

Adopting recommended prosecuting standards for juvenile charging and plea dispositions.

Referred to Committee on Law and Justice.

SHB 2394 by House Committee on Government Operations (originally sponsored by Representatives Reams, Buck, Sheldon, Honeyford, Delvin, Thompson and McMahan)

Revising master planned resorts.

Referred to Committee on Government Operations.

HB 2414 by Representatives D. Schmidt, Chopp and L. Thomas

Standardizing the recording of documents.

Referred to Committee on Government Operations.

HB 2457 by Representatives Hatfield, Van Luven, Regala and Kessler

Changing how valuation is determined for property taxation of senior citizens and persons retired because of physical disability.

Referred to Committee on Government Operations.

HB 2474 by Representatives Mulliken, Mason, Schoesler and Carlson

Eliminating the requirement that degree-granting private vocational schools participate in the tuition recovery trust fund.

Referred to Committee on Higher Education.

SHB 2520 by House Committee on Transportation (originally sponsored by Representatives K. Schmidt and Scott) (by request of Washington State Patrol)

Extending terminal safety audit fees to vehicles operating under the International Registration Plan.

Referred to Committee on Transportation.

SHB 2535 by House Committee on Trade and Economic Development (originally sponsored by Representatives Van Luven, Jacobsen and Carlson)

Adopting ethics standards for academic or scientific public service work.

Referred to Committee on Government Operations.

SHB 2565 by House Committee on Government Operations (originally sponsored by Representatives Hickel, Costa and Chappell)

Filing faxed documents.

Referred to Committee on Government Operations.

SHB 2580 by House Committee on Corrections (originally sponsored by Representatives Costa, Ballasiotes, Sheahan, Murray, Hickel, Cooke, Conway and Boldt)

Extending the period of time that a victim of crime may collect restitution from a juvenile.

Referred to Committee on Human Services and Corrections.

HB 2611 by Representatives Skinner, Romero and Jacobsen

Designating significant historic places.

Referred to Committee on Government Operations.

HB 2621 by Representatives Honeyford, Ogden, Jacobsen, R. Fisher, Radcliff, Brumsickle, Chopp, Hickel and Conway (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.

Referred to Committee on Ecology and Parks.

HB 2623 by Representatives Dyer, Hymes, Cody, Murray, Brumsickle, Casada, Conway, Skinner, Crouse, Morris, Sherstad and Scheuerman

Requiring the use of single name identifiers for persons obtaining controlled substances.

Referred to Committee on Health and Long-Term Care.

HB 2652 by Representatives Ballasiotes, Costa and Scott

Clarifying existing law on the costs of hospitalizing criminally insane patients.

Referred to Committee on Human Services and Corrections.

HB 2659 by Representatives Skinner, R. Fisher and Cairnes (by request of Department of Licensing)

Computing special fuel tax on a mileage basis.

Referred to Committee on Transportation.

HB 2660 by Representatives Cairnes and R. Fisher (by request of Department of Licensing)

Revising procedures for refund of certain fees and taxes.

Referred to Committee on Transportation.

HB 2661 by Representatives L. Thomas and Wolfe (by request of State Treasurer Grimm)

Regulating public funds.

Referred to Committee on Financial Institutions and Housing.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Smith, Gubernatorial Appointment No. 9166, Charlie W. Owens, Jr., as a member of the Indeterminate Sentence Review Board, was confirmed.

APPOINTMENT OF CHARLIE W. OWENS, JR.

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

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

Absent: Senators McDonald and Quigley - 2.

Excused: Senators Anderson, A., McAuliffe and Rasmussen - 3.

MOTION

On motion of Senator West, Gubernatorial Appointment No. 9169, David P. Roberts, as a member of the State Board for Community and Technical Colleges, was confirmed.

APPOINTMENT OF DAVID P. ROBERTS

The Secretary called the roll. The appointment was confirmed 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, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Excused: Senator McAuliffe - 1.

MOTION

On motion of Senator Morton, Gubernatorial Appointment No. 9185, Judge Thomas A. Metzger, as a member of the Sentencing Guidelines Commission, was confirmed.

APPOINTMENT OF JUDGE THOMAS A. METZGER

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator McAuliffe - 1.

SECOND READING

SENATE BILL NO. 6282, by Senators Rasmussen and A. Anderson

Providing for marketing contracts and revising elections of directors and amendments to articles for cooperative associations.

MOTIONS

On motion of Senator Rasmussen, Substitute Senate Bill No. 6282 was substituted for Senate Bill No. 6282 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. 6282 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. 6282.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6282 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator McAuliffe - 1.

SUBSTITUTE SENATE BILL NO. 6282, 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. 6305, by Senator Drew

Authorizing approval of off-site mitigation proposals for hydraulic projects.

The bill was read the second time.

MOTION

On motion of Senator Drew, the rules were suspended, Senate Bill No. 6305 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. 6305.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6305 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, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Absent: Senator Rinehart - 1.

Excused: Senator McAuliffe - 1.

SENATE BILL NO. 6305, 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. 6312, by Senators Bauer, Oke, Kohl, Rasmussen, Sutherland, Snyder, Heavey, Goings and Sheldon

Changing the tuition exemption for veterans of the Persian Gulf combat zone.

The bill was read the second time.

MOTION

On motion of Senator Bauer, the rules were suspended, Senate Bill No. 6312 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. 6312.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6312 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

SENATE BILL NO. 6312, 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. 5614, by Senators Pelz, Franklin, Hargrove, Snyder, Fraser, Bauer, McAuliffe, Smith, Prentice, Heavey and Rinehart

Revising provisions relating to compensation during appeal of department of labor and industries industrial insurance orders.

The bill was read the second time.

MOTION

On motion of Senator Pelz, the rules were suspended, Senate Bill No. 5614 was advanced to third reading, the second reading considered the third, and the bill was placed on final passage.

POINT OF INQUIRY

Senator Anderson: "Senator Pelz, if the claimant does not receive a favorable appeal and the company has paid those benefits, what happens then?"

Senator Pelz: "If the employer wins on appeal?"

Senator Anderson: "Exactly."

Senator Pelz: "The employee is required to pay back to the department the benefits received during the appeal period."

Senator Anderson: "Thank you, Senator Pelz."

Further debate ensued.

POINT OF INQUIRY

Senator Schow: "Senator Pelz, if this bill is passed, both the employee and the employer can appeal. Is that correct?"

Senator Pelz: "This bill would not affect the ability of either party to appeal; they would still be allowed to appeal."

Senator Schow: "So, it would then become very advantageous for the employee to immediately appeal, because they would start getting payment immediately until their appeal was heard, so this would probably, then, increase the number of appeals? Is that--"

Senator Pelz: "No sir, this only deals with when the employee won the ruling and the employer chooses to appeal. Currently, the employee wins the ruling and the employer decides to appeal and the employee does not receive benefits. This just says that if you win, you win, and when you win the benefits begin and then if the employer appeals and wins, the benefits cease."

Further 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. 5614.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5614 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.

Voting yea: Senators Bauer, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley, Wojahn and Wood - 30.

Voting nay: Senators Anderson, A., Cantu, Deccio, Hochstatter, Johnson, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West and Zarelli - 19.

SENATE BILL NO. 5614, 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

SUBSTITUTE SENATE BILL NO. 5818, by Committee on Ways and Means (originally sponsored by Senators Winsley, A. Anderson, C. Anderson and McAuliffe)

Paying benefits when a member dies before retirement.

The bill was read the second time.

MOTION

On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 5818 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. 5818.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5818 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

SUBSTITUTE SENATE BILL NO. 5818, 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. 6078, by Senators Heavey, Prince and Owen

Representing regional transit authority projects.

MOTIONS

On motion of Senator Heavey, Substitute Senate Bill No. 6078 was substituted for Senate Bill No. 6078 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. 6078 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. 6078.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6078 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

SUBSTITUTE SENATE BILL NO. 6078, 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. 6397, by Senators Sheldon, Hale and Oke

Providing business and occupation tax exemptions for auctions and wholesale transactions involving motor vehicles.

MOTIONS

On motion of Senator Sheldon, Substitute Senate Bill No. 6397 was substituted for Senate Bill No. 6397 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. 6397 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. 6397.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6397 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

SUBSTITUTE SENATE BILL NO. 6397, 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. 6315, by Senators Hargrove, Long, Kohl and Schow (by request of Department of Corrections)

Revising procedures for recoupment of assessments against offenders.

MOTIONS

On motion of Senator Hargrove, Substitute Senate Bill No. 6315 was substituted for Senate Bill No. 6315 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. 6315 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. 6315.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6315 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

SUBSTITUTE SENATE BILL NO. 6315, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 10:12 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

The Senate was called to order at 11:09 a.m. by President Pro Tempore Wojahn.

MOTION

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

SENATE RESOLUTION 1996-8675

By Senators Snyder, Morton, Cantu, McCaslin, Kohl, Spanel and Rasmussen

WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and

WHEREAS, The Washington Interscholastic Activities Association sponsors an awards program that recognizes the academic achievement of high school athletic teams and activity programs; and

WHEREAS, For the past eight years, the WIAA has awarded academic state championship teams in various sports; and

WHEREAS, Athletics, the fine arts, and other activities are integral parts of every high school student's educational experience; and

WHEREAS, This year's recipients have made significant efforts of achievement in pursuit of their educational goals through activities; and

WHEREAS, It has been proven that high school athletes perform well in the classroom as well as on the playing field; and

WHEREAS, Participants in after-school activities have consistently higher graduation rates than other students; and

WHEREAS, Students who participate in athletics and other school-related activities maintain better school attendance;

NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington honor the following teams for their academic achievement, and for the outstanding example of inspiration and dedication they have set for others:

Girls' Cross Country: Mercer Island, 3.865 GPA; Arlington, 3.850 GPA; Omak, 3.777 GPA; Wilbur-Creston, 3.890, GPA.

Boys' Cross Country: Kelso, 3.762 GPA; Seattle Prep, 3.602 GPA; Newport, 3.661 GPA; Pomeroy, 3.681 GPA.

Football: Juanita, 3.351 GPA; O'Dea (Seattle), 3.240 GPA; Omak, 3.554 GPA; Garfield-Palouse, 3.270 GPA.

Girls' Soccer: Rogers (Puyallup), 3.753 GPA; Capital (Olympia), 3.775 GPA; Northwest (Seattle), 3.620 GPA; Cascade Christian (Tacoma) 3.670 GPA.

Boys' Soccer: Northwest (Seattle), 3.320 GPA; Northwest Christian (Spokane), 3.452 GPA.

Girls' Swimming: Mercer Island, 3.812 GPA; Wapato, 3.590 GPA; Northwest Christian, 3.583 GPA.

Volleyball: University (Spokane Valley), 3.760 GPA; Capital (Olympia), 3.819 GPA, Montesano, 3.883 GPA, Moses Lake Christian, 3.852 GPA; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to these schools in recognition of this event.

Senators Snyder and Kohl and President Pro Tempore Wojahn spoke to Senate Resolution 1996-8675.

INTRODUCTION OF SPECIAL GUESTS

The President Pro Tempore welcomed and introduced the Washington Interscholastic Activities Association's academic state championship teams, who were seated in the gallery.

MOTION

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

SECOND READING

SENATE BILL NO. 6133, by Senator Fairley

Making certain sentencing conditions set by local judges enforceable county-wide.

MOTIONS

On motion of Senator Smith, Substitute Senate Bill No. 6133 was substituted for Senate Bill No. 6133 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 6133 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. 6133.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6133 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

SUBSTITUTE SENATE BILL NO. 6133, 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. 6533, by Senators Owen, Oke, Bauer, Sutherland and Hochstatter (by request of Department of Fish and Wildlife)

Authorizing the fish and wildlife commission to conduct or authorize auctions and raffles for hunting of game animals and for wildlife-related recreation.

MOTIONS

On motion of Senator Drew, Substitute Senate Bill No. 6533 was substituted for Senate Bill No. 6533 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Drew, the rules were suspended, Substitute Senate Bill No. 6533 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. 6533.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6533 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

SUBSTITUTE SENATE BILL NO. 6533, 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 Thibaudeau, Senator Haugen was excused.

SECOND READING

SENATE BILL NO. 6398, by Senators Hargrove, Long and Oke (by request of Department of Social and Health Services)

Providing for background checks of employees at the special commitment center.

MOTIONS

On motion of Senator Hargrove, Substitute Senate Bill No. 6398 was substituted for Senate Bill No. 6398 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Hargrove, the following amendments by Senators Hargrove and Long were considered simultaneously and were adopted:

On page 1, line 17, after "decision" insert ", except as provided in subsection (2) of this section"

On page 2, line 2, after "check." insert "The secretary shall use the information only in determining whether the current employee meets the necessary character, suitability, and competency requirements for employment or engagement."

MOTION

On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 6398 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 Substitute Senate Bill No. 6398.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6398 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, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Absent: Senator Pelz - 1.

Excused: Senator Haugen - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6398, 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 Thibaudeau, Senator Pelz was excused.

SECOND READING

SENATE BILL NO. 6188, by Senators Sheldon, Prentice, Wojahn, Thibaudeau, Fairley, Kohl, Rinehart, Spanel, Snyder, Winsley and Rasmussen

Establishing a conditional privilege for communications between victims of sexual assaults and their personal representatives.

MOTIONS

On motion of Senator Sheldon, Substitute Senate Bill No. 6188 was substituted for Senate Bill No. 6188 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. 6188 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. 6188.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6188 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

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

Absent: Senator Long - 1.

Excused: Senators Haugen and Pelz - 2.

SUBSTITUTE SENATE BILL NO. 6188, 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. 6368, by Senators Heavey and Haugen

Authorizing islands within Puget Sound and in larger counties to have community councils.

The bill was read the second time.

MOTION

On motion of Senator Heavey, the rules were suspended, Senate Bill No. 6368 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. 6368.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6368 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Voting nay: Senator McCaslin - 1.

Excused: Senator Haugen - 1.

SENATE BILL NO. 6368, 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. 6163, by Senators Wojahn, West and Winsley

Extending a tax exemption for prepayments for health care services provided under Title XVIII (medicare) of the social security act.

The bill was read the second time.

MOTION

On motion of Senator Quigley, the rules were suspended, Senate Bill No. 6163 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. 6163.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6163 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 1; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Thibaudeau, West, Winsley, Wojahn and Wood - 45.

Voting nay: Senators Swecker and Zarelli - 2.

Absent: Senator Newhouse - 1.

Excused: Senator Haugen - 1.

SENATE BILL NO. 6163, 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 11:50 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

The Senate was called to order at 5:35 p.m. by Senator Rasmussen.

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

REPORTS OF STANDING COMMITTEES

February 6, 1996

SB 5049 Prime Sponsor, Senator Haugen: Authorizing a county research service. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Second Substitute Senate Bill No. 5049 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chair; Bauer, Cantu, Drew, Fraser, Hargrove, Johnson, Kohl, Long, McDonald, Moyer, Pelz, Quigley, Sheldon, Snyder, Spanel, Sutherland, West, Winsley and Wojahn.