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THIRTY-FIRST DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, February 7, 1996
The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Drew, Pelz, Rasmussen, Rinehart and Sutherland. On motion of Senator Thibaudeau, Senators Drew and Pelz were excused.
The Sergeant at Arms Color Guard, consisting of Pages Justin Purdue and Kerry Stewart, presented the Colors. The Most Reverend William S. Skylstad, Bishop of the Roman Catholic Diocese of Spokane, and a guest of Senator John Moyer, 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 GOVERNOR
GUBERNATORIAL APPOINTMENT
February 5, 1996
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Marilyn Glenn Sayan, appointed February 5, 1996, for a term ending September 8, 2000, as a member of the Public Employment Relations Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Government Operations.
MESSAGES FROM THE HOUSE
February 5, 1996
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1447,
SUBSTITUTE HOUSE BILL NO. 1484,
SECOND SUBSTITUTE HOUSE BILL NO. 1514,
SECOND SUBSTITUTE HOUSE BILL NO. 1645,
SUBSTITUTE HOUSE BILL NO. 2119,
HOUSE BILL NO. 2136,
SUBSTITUTE HOUSE BILL NO. 2167,
SUBSTITUTE HOUSE BILL NO. 2169,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2176,
SUBSTITUTE HOUSE BILL NO. 2239,
SUBSTITUTE HOUSE BILL NO. 2240,
HOUSE BILL NO. 2250,
SUBSTITUTE HOUSE BILL NO. 2255,
HOUSE BILL NO. 2280,
HOUSE BILL NO. 2340,
SUBSTITUTE HOUSE BILL NO. 2431,
ENGROSSED HOUSE BILL NO. 2433,
HOUSE BILL NO. 2459,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2462,
SUBSTITUTE HOUSE BILL NO. 2518,
HOUSE BILL NO. 2551,
HOUSE BILL NO. 2595,
HOUSE BILL NO. 2687,
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4014, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 6, 1996
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 2720,
SUBSTITUTE HOUSE BILL NO. 2727,
HOUSE BILL NO. 2729,
SUBSTITUTE HOUSE BILL NO. 2730,
HOUSE BILL NO. 2761,
HOUSE BILL NO. 2810,
HOUSE BILL NO. 2811,
HOUSE BILL NO. 2861,
SUBSTITUTE HOUSE BILL NO. 2883,
HOUSE BILL NO. 2894,
SUBSTITUTE HOUSE BILL NO. 2903,
HOUSE BILL NO. 2911,
HOUSE BILL NO. 2932,
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4034, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 6, 1996
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 2043,
SUBSTITUTE HOUSE BILL NO. 2116,
SUBSTITUTE HOUSE BILL NO. 2135,
SUBSTITUTE HOUSE BILL NO. 2179,
HOUSE BILL NO. 2187,
HOUSE BILL NO. 2290,
SUBSTITUTE HOUSE BILL NO. 2316,
HOUSE BILL NO. 2333,
SUBSTITUTE HOUSE BILL NO. 2358,
HOUSE BILL NO. 2365,
SUBSTITUTE HOUSE BILL NO. 2366,
HOUSE BILL NO. 2367,
HOUSE BILL NO. 2387,
HOUSE BILL NO. 2389,
HOUSE BILL NO. 2466,
HOUSE BILL NO. 2511,
HOUSE BILL NO. 2531,
HOUSE BILL NO. 2538,
SUBSTITUTE HOUSE BILL NO. 2557,
HOUSE BILL NO. 2558,
HOUSE BILL NO. 2559,
HOUSE BILL NO. 2591,
HOUSE BILL NO. 2604,
SUBSTITUTE HOUSE BILL NO. 2658,
HOUSE BILL NO. 2691,
SUBSTITUTE HOUSE BILL NO. 2708,
HOUSE BILL NO. 2710, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
SB 6771 by Senators Fairley and Kohl
AN ACT Relating to marine waters protection; and amending RCW 82.23B.020 and 90.56.510.
Referred to Committee on Ecology and Parks.
SB 6772 by Senators Fairley and Kohl
AN ACT Relating to taxes for marine protection; and amending RCW 82.23B.020 and 82.23B.030.
Referred to Committee on Ecology and Parks.
SB 6773 by Senators Owen, A. Anderson, Hargrove, Swecker, Morton, Schow, McCaslin, Hochstatter, Oke, Sellar, Strannigan, Newhouse, Prince, Roach, West, McDonald and Zarelli
AN ACT Relating to regulation of private property; adding a new chapter to Title 64 RCW; and providing an effective date.
Referred to Committee on Government Operations.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 1447 by House Committee on Commerce and Labor (originally sponsored by Representatives Lisk, Romero, Fuhrman and Horn)
Changing certain local government gambling taxes.
Referred to Committee on Labor, Commerce and Trade.
SHB 1484 by House Committee on Finance (originally sponsored by Representative Pennington)
Revising provisions relating to the landowner contingency forest fire suppression account.
Referred to Committee on Ways and Means.
2SHB 1514 by House Committee on Finance (originally sponsored by Representatives Hymes, Dickerson, Costa, D. Schmidt, Hargrove, Romero, Poulsen, B. Thomas, Regala, R. Fisher, Benton, Wolfe, Ogden and Conway)
Directing the department of revenue to prepare legislation to reorganize Titles 82 and 84 RCW.
Referred to Committee on Ways and Means.
2SHB 1645 by House Committee on Transportation (originally sponsored by Representatives K. Schmidt, R. Fisher and Mitchell)
Enhancing transportation planning.
Referred to Committee on Transportation.
SHB 2043 by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Costa, Ebersole, Appelwick, Romero, Hatfield, Cody, Dickerson, Ogden, Chopp and Conway) (by request of Governor Lowry)
Making domestic violence an aggravating circumstance for purposes of sentencing decisions.
Referred to Committee on Law and Justice.
SHB 2116 by House Committee on Finance (originally sponsored by Representatives Dyer, Ballasiotes, Hankins, Lisk, D. Schmidt, Cooke, Crouse, Hymes, Lambert, Huff, Foreman, Horn, Pennington, Elliot, L. Thomas, Mulliken, Blanton, Cairnes, Johnson, Buck, Skinner, Pelesky, Reams, Clements, Mitchell, McMorris, Robertson, Sherstad, Hargrove, Backlund, D. Sommers, B. Thomas, Schoesler, Honeyford, McMahan, Talcott, Smith, Goldsmith, Dickerson, Romero, Koster, Carrell, Delvin, Basich, Campbell, Sheahan, Quall, Morris, Fuhrman, Carlson, Hickel, Thompson, Stevens, Costa and Benton)
Allowing an exception due to good cause for late payment of property taxes.
Referred to Committee on Government Operations.
SHB 2119 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Honeyford, Lisk, Morris, Chandler, Mastin, Grant, Delvin, Clements, Basich, Mulliken, Skinner, Kremen, Koster, Boldt, Goldsmith, McMorris, Johnson, Hymes, Thompson, Foreman, Hankins, Sheldon, Schoesler, Campbell, L. Thomas, Sheahan and Stevens)
Providing for the excise taxation of preserved fruit and vegetables.
Referred to Committee on Agriculture and Agricultural Trade and Development.
SHB 2135 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Chappell, Horn, Rust, Mastin, Regala and Murray) (by request of Department of Ecology)
Revising provisions for solid waste permits.
Referred to Committee on Ecology and Parks.
HB 2136 by Representatives Chandler, Chappell, Horn, Rust, Mastin, Dickerson, Honeyford, Robertson, Smith and Murray (by request of Department of Ecology)
Authorizing freshwater aquatic weeds account moneys to be used for hydrilla eradication.
Referred to Committee on Natural Resources.
SHB 2167 by House Committee on Natural Resources (originally sponsored by Representatives Buck, Goldsmith, Benton, Huff, Blanton, Thompson, Hymes, Koster, Pennington, Beeksma, Sheldon, Fuhrman and McMahan)
Exempting regular maintenance of marinas from hydraulic project review and approval.
Referred to Committee on Ecology and Parks.
SHB 2169 by House Committee on Natural Resources (originally sponsored by Representatives Buck, Thompson, Pennington, Sheldon and Fuhrman)
Authorizing a credit toward next year's steelhead fishing license for prompt return of a steelhead catch record card.
Referred to Committee on Natural Resources.
ESHB 2176 by House Committee on Law and Justice (originally sponsored by Representatives Campbell, Smith, McMahan, Pennington, Schoesler and Thompson)
Changing criteria for eligibility for firearms range account funding.
Referred to Committee on Natural Resources.
SHB 2179 by House Committee on Transportation (originally sponsored by Representatives Horn, Blanton, Scott, Mitchell, Quall and Thompson)
Regulating motor vehicle transactions involving buyer's agents.
Referred to Committee on Transportation.
HB 2187 by Representatives Casada, Ogden, Dickerson, Mason and Costa (by request of Department of Services for the Blind)
Modifying grants for vocational rehabilitation equipment and materials.
Referred to Committee on Government Operations.
SHB 2239 by House Committee on Children and Family Services (originally sponsored by Representatives Sterk, L. Thomas, Koster, Honeyford, McMahan, Schoesler, Radcliff, Carlson, Thompson, Boldt and Goldsmith)
Requiring background checks of relatives before a court may place a child in the care of the relative.
Referred to Committee on Human Services and Corrections.
SHB 2240 by House Committee on Commerce and Labor (originally sponsored by Representatives Sterk, Robertson, L. Thomas, Delvin and Carlson)
Providing additional exemptions from state law for the handling of hazardous devices.
Referred to Committee on Labor, Commerce and Trade.
HB 2250 by Representatives Carlson, Mastin, Mulliken, Sheahan, Jacobsen, Mason, Blanton, Goldsmith and Scheuerman (by request of Higher Education Coordinating Board)
Requiring annual budget review, recommendations, and guidelines for the higher education system.
Referred to Committee on Higher Education.
SHB 2255 by House Committee on Commerce and Labor (originally sponsored by Representatives Van Luven, Thompson, Cody, Romero and Dickerson)
Establishing inspection requirements for private residence conveyances.
Referred to Committee on Labor, Commerce and Trade.
HB 2280 by Representatives Hargrove, Chappell, Buck, Pelesky, Goldsmith, McMahan, Hymes, Mulliken, Johnson and Thompson
Clarifying the method of execution to be used in Washington state.
Referred to Committee on Law and Justice.
HB 2290 by Representatives Honeyford, Patterson, Lisk, Clements, Hankins, B. Thomas, Mulliken, McMahan, Thompson, Hargrove and Boldt
Exempting construction of wind energy and solar electric generating facilities from sales and use tax.
Referred to Committee on Energy, Telecommunications and Utilities.
SHB 2316 by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Dyer, Radcliff, Lambert, D. Schmidt, Blanton, Robertson, L. Thomas, Elliot, McMahan and Thompson)
Providing a procedure for siting juvenile correctional facilities.
Referred to Committee on Human Services and Corrections.
HB 2333 by Representatives Delvin, Appelwick and Costa (by request of Administrator for the Courts)
Revising provisions relating to judicial retirement.
Referred to Committee on Ways and Means.
HB 2340 by Representatives Sheahan, Costa, Hickel and Delvin
Allowing the association of superior court judges to establish when the annual meeting will be held.
Referred to Committee on Law and Justice.
SHB 2358 by House Committee on Law and Justice (originally sponsored by Representatives Costa, Ballasiotes, Chopp, Conway, Scott, Linville, Radcliff, Chappell, Dickerson, Hatfield, Quall, Murray, Cooke, Patterson, Cody, Keiser, Veloria and Kessler)
Increasing penalty assessments to support crime victim and witness programs.
Referred to Committee on Law and Justice.
HB 2365 by Representatives Casada and Pelesky
Revising provisions for bridge and service districts.
Referred to Committee on Government Operations.
SHB 2366 by House Committee on Appropriations (originally sponsored by Representatives Casada, Regala, Talcott, Huff, Conway and McMahan)
Modifying local public health financing.
Referred to Committee on Health and Long-Term Care.
HB 2367 by Representatives Crouse, D. Sommers, Sterk, Brown, Fuhrman, Sheahan, McMorris, Mastin, D. Schmidt, Schoesler, Silver, Dellwo, Hargrove, Smith and Benton
Providing the powers of initiative and referendum to certain more populous counties.
Referred to Committee on Government Operations.
HB 2387 by Representatives Cooke, Costa, Tokuda, Brown, Dellwo, Murray, Patterson, Mitchell and Silver (by request of Department of Social and Health Services and Department of Corrections)
Requiring department of corrections personnel to report suspected abuse of children and adult dependent and developmentally disabled persons.
Referred to Committee on Human Services and Corrections.
HB 2389 by Representatives Ballasiotes, Quall, Morris, Dellwo, D. Sommers, Costa and Thompson (by request of Sentencing Guidelines Commission)
Providing a classification for unclassified felonies.
Referred to Committee on Law and Justice.
SHB 2431 by House Committee on Transportation (originally sponsored by Representative K. Schmidt)
Allowing state pilotage exemptions for certain vessels.
Referred to Committee on Transportation.
EHB 2433 by Representatives K. Schmidt, R. Fisher, Dickerson and Huff
Facilitating smoother flow of traffic.
Referred to Committee on Transportation.
HB 2459 by Representatives Clements, Skinner, Schoesler, Silver and Johnson
Adjusting tire factors for vehicle maximum gross weights.
Referred to Committee on Transportation.
ESHB 2462 by Committee on Energy and Utilities (originally sponsored by Representatives Casada, Poulsen, Crouse, Hankins, Grant, Patterson and Kessler)
Regulating cooling services as thermal heating services.
Referred to Committee on Energy, Telecommunications and Utilities.
HB 2466 by Representatives Ballasiotes, Blanton, Quall and D. Sommers (by request of Department of Corrections)
Revising procedures for recoupment of assessments against offenders.
Referred to Committee on Human Services and Corrections.
HB 2511 by Representatives B. Thomas and Thompson
Appointing alternate members to the JARRC.
Referred to Committee on Government Operations.
SHB 2518 by House Committee on Transportation (originally sponsored by Representatives Skinner, Blanton, Radcliff, Hankins, Delvin, Dickerson, Mitchell, Morris, Silver and Chandler)
Doubling the fine for speeding in school or playground zones.
Referred to Committee on Law and Justice.
HB 2531 by Representatives Patterson, Talcott, Tokuda, Cooke, Ogden, Dickerson and Basich
Adding the secretary of health to the council for the prevention of child abuse and neglect.
Referred to Committee on Human Services and Corrections.
HB 2538 by Representatives Clements, Chandler, Mastin, Lisk, Schoesler, Honeyford, Foreman, Grant and Mulliken
Clarifying the authority of irrigation districts.
Referred to Committee on Government Operations.
HB 2551 by Representatives Cairnes, Patterson, Ogden, Romero, Tokuda, Mitchell, Quall and K. Schmidt
Regulating limousines.
Referred to Committee on Transportation.
SHB 2557 by House Committee on Children and Family Services (originally sponsored by Representatives Veloria, Cooke and Ogden)
Revising legal custody of children.
Referred to Committee on Human Services and Corrections.
HB 2558 by Representatives Lambert, Morris, Carrell, Wolfe, Patterson, Smith, Mitchell and Thompson
Revising the allocation of child support health care expenses between parents.
Referred to Committee on Law and Justice.
HB 2559 by Representatives Lambert, Carrell, Patterson, Morris, Wolfe, Smith, Mitchell and Thompson
Revising the allocation of child support day care and other child rearing expenses between parents.
Referred to Committee on Law and Justice.
HB 2591 by Representatives Dickerson, Hymes and B. Thomas (by request of Department of Revenue)
Revising tax provisions that are obsolete or incorrect.
Referred to Committee on Ways and Means.
HB 2595 by Representatives Robertson and Scott
Harmonizing procedures for vehicle impoundment.
Referred to Committee on Transportation.
HB 2604 by Representatives Silver, R. Fisher, Chopp and Tokuda
Providing vehicle owners' names and addresses to commercial parking companies.
Referred to Committee on Transportation.
SHB 2658 by House Committee on Transportation (originally sponsored by Representatives Skinner, R. Fisher and Cairnes) (by request of Department of Licensing)
Facilitating administration of special fuel tax exemptions.
Referred to Committee on Transportation.
HB 2687 by Representatives Robertson, R. Fisher and K. Schmidt (by request of Department of Transportation)
Revising regulation of vehicle size and load.
Referred to Committee on Transportation.
HB 2691 by Representatives Brumsickle, Cole, Carlson, Radcliff, Quall and Hatfield (by request of State Board for Community and Technical Colleges)
Correcting obsolete references in the state even start program.
Referred to Committee on Higher Education.
SHB 2708 by House Committee on Finance (originally sponsored by Representatives Sheldon, Schoesler, Hatfield, Van Luven, B. Thomas, Silver, D. Schmidt, Cairnes, Cooke and Johnson)
Requiring a warehouse tax study.
Referred to Committee on Ways and Means.
HB 2710 by Representatives K. Schmidt and R. Fisher
Crediting the liability account with interest earnings.
Referred to Committee on Ways and Means.
SHB 2720 by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Schoesler, Sheahan, Fuhrman, Foreman, Mastin, D. Sommers, Sterk, Crouse, Campbell, L. Thomas, Silver, Morris, Cooke, Mulliken, Blanton, McMorris, Thompson and Elliot)
Allowing consortiums of counties to acquire correctional facilities.
Referred to Committee on Human Services and Corrections.
SHB 2727 by House Committee on Transportation (originally sponsored by Representatives K. Schmidt and Blanton)
Establishing a state infrastructure bank.
Referred to Committee on Transportation.
HB 2729 by Representatives Sterk and K. Schmidt (by request of Transportation Improvement Board)
Making housekeeping changes in transportation improvement board statutes.
Referred to Committee on Transportation.
SHB 2730 by House Committee on Transportation (originally sponsored by Representatives McMahan, Sterk and K. Schmidt) (by request of Transportation Improvement Board)
Adjusting deductions to the city hardship assistance account.
Referred to Committee on Transportation.
HB 2761 by Representatives L. Thomas, Wolfe and Pelesky (by request of Department of Financial Institutions)
Imposing fines or sanctions against mortgage brokers.
Referred to Committee on Financial Institutions and Housing.
HB 2810 by Representatives Wolfe, Beeksma and Thompson (by request of Department of Financial Institutions)
Regulating check casher and check seller licenses and small loan endorsements.
Referred to Committee on Financial Institutions and Housing.
HB 2811 by Representatives L. Thomas, Robertson, Hickel, Pelesky, Mitchell, Kessler, Keiser, Blanton, Wolfe, Boldt and Thompson
Authorizing community and technical college districts and the state board for community and technical colleges to participate with the state in investing surplus funds.
Referred to Committee on Ways and Means.
HB 2861 by Representatives Carlson, Mulliken, Jacobsen, Van Luven, Blanton, Benton, Scheuerman, Basich, Goldsmith, Delvin and Quall
Exempting sales of academic transcripts from B&O, sales, and use taxes.
Referred to Committee on Ways and Means.
SHB 2883 by House Committee on Government Operations (originally sponsored by Representatives Cairnes, Campbell, Talcott, D. Schmidt, Carrell, McMahan and Huff)
Restricting use of mail voting in small precincts of large counties.
Referred to Committee on Government Operations.
HB 2894 by Representatives Elliot and Grant
Paying for services provided to general aviation by sales and use tax exemptions and increasing the aircraft fuel tax rate.
Referred to Committee on Transportation.
SHB 2903 by House Committee on Corrections (originally sponsored by Representatives Sherstad, Koster, Ballasiotes, Sterk, Crouse, McMahan, Blanton, D. Sommers, Goldsmith and Sheldon)
Extending authority for release of information regarding sex offenders to the public.
Referred to Committee on Human Services and Corrections.
HB 2911 by Representatives Robertson, K. Schmidt, R. Fisher, Backlund, Blanton and Wolfe
Establishing performance budgeting for transportation agencies.
Referred to Committee on Transportation.
HB 2932 by Representatives Sheahan, Smith and McMahan
Allowing the human rights commission to offer alternative dispute resolution to parties involved in a claim of illegal discrimination.
Referred to Committee on Law and Justice.
SHJM 4014 by House Committee on Trade and Economic Development (originally sponsored by Representatives Valle, Van Luven, Sheldon, D. Schmidt, Mason, Hickel, Veloria, Hatfield, Kessler, Blanton and Radcliff)
Requesting that federal law be amended to allow foreign-flagged cruise ships between U.S. ports.
Referred to Committee on Labor, Commerce and Trade.
SHJM 4034 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Mulliken, Chandler, Koster, Cairnes, Beeksma, Thompson, Buck, Elliot, Pelesky, McMahan, Schoesler, Honeyford, Goldsmith, Delvin, Hargrove, D. Schmidt, McMorris, D. Sommers, Mastin, Crouse, Skinner, Hankins and Silver)
Requesting a change of boundaries at Hanford.
Referred to Committee on Energy, Telecommunications and Utilities.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Hale, Gubernatorial Appointment No. 9186, Judge Carolyn Brown, as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF JUDGE CAROLYN BROWN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 3; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44.
Absent: Senators Rasmussen, Rinehart and Sutherland - 3.
Excused: Senators Drew and Pelz - 2.
MOTION
On motion of Senator Smith, Gubernatorial Appointment No. 9188, Judge Thomas Felnagle, as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF JUDGE THOMAS FELNAGLE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, 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, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.
Absent: Senator Rinehart - 1.
Excused: Senator Drew - 1.
MOTION
On motion of Senator Bauer, Gubernatorial Appointment No. 9192, Dwight K. Imanaka, as a member of the Board of Trustees for The Evergreen State College, was confirmed.
APPOINTMENT OF DWIGHT K. IMANAKA
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, 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 - 48.
Excused: Senator Drew - 1.
SECOND READING
SENATE BILL NO. 6114, by Senators Kohl, Roach, Owen, Long, Smith, Winsley, Quigley, McAuliffe, Prentice, Franklin, Spanel, Haugen, Goings, Heavey and Schow
Increasing the penalty for providing liquor to persons under age twenty-one.
The bill was read the second time.
MOTION
On motion of Senator Smith, the rules were suspended, Senate Bill No. 6114 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 Wood, Senator Strannigan was excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6114.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6114 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, Goings, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.
Voting nay: Senators Hochstatter and Pelz - 2.
Excused: Senator Strannigan - 1.
SENATE BILL NO. 6114, 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. 5865, by Senators Snyder, Newhouse, Heavey and Winsley
Assigning the rights of lottery prize winners.
MOTIONS
On motion of Senator Pelz, Substitute Senate Bill No. 5865 was substituted for Senate Bill No. 5865 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Pelz, the rules were suspended, Substitute Senate Bill No. 5865 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. 5865.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5865 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 1; 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, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.
Voting nay: Senator Quigley - 1.
Absent: Senator Deccio - 1.
Excused: Senator Strannigan - 1.
SUBSTITUTE SENATE BILL NO. 5865, 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 JOINT MEMORIAL NO. 8029, by Senators Loveland, Hale, Newhouse, Hochstatter, McCaslin, Sellar, Wojahn, Franklin, Haugen, Rinehart, Snyder, Owen, Spanel, Fraser, Sheldon, Fairley, Rasmussen, Heavey, McAuliffe, Prentice, Deccio and Roach
Requesting that the Hanford Fast Flux Facility be preserved.
The joint memorial was read the second time.
MOTION
On motion of Senator Sutherland, the rules were suspended, Senate Joint Memorial No. 8029 was advanced to third reading, the second reading considered the third and the joint memorial 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 Senate Joint Memorial No. 8029.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8029 and the joint memorial was adopted 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, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.
Excused: Senator Strannigan - 1.
SENATE JOINT MEMORIAL NO. 8029, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 6467, by Senators Spanel, Swecker, Sutherland, Morton, Bauer, A. Anderson, Fraser, Roach and Haugen
Concerning the collection of pollution program fees.
The bill was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, Senate Bill No. 6467 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. 6467.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6467 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, 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, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.
Excused: Senator Strannigan - 1.
SENATE BILL NO. 6467, 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. 6262, by Senators Morton, Rasmussen, Roach, Swecker, Hochstatter, Prince and Schow
Providing for cougar transport tags.
MOTIONS
On motion of Senator Drew, Substitute Senate Bill No. 6262 was substituted for Senate Bill No. 6262 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. 6262 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6262.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6262 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, 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 - 48.
Voting nay: Senator Fairley - 1.
SUBSTITUTE SENATE BILL NO. 6262, 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. 6416, by Senators Wood, Long, Winsley, Bauer, Swecker, Deccio, Quigley, Moyer and Thibaudeau
Rescinding a retirement allowance agreement.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the rules were suspended, Senate Bill No. 6416 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 Johnson, Senators Anderson and Hale were excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6416.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6416 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, Goings, 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 - 47.
Excused: Senators Anderson, A. and Hale - 2.
SENATE BILL NO. 6416, 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. 6115, by Senators Wojahn, Snyder, Haugen, Goings, Winsley, Bauer and Oke
Revising penalties for persons who damage property with graffiti.
The bill was read the second time.
MOTION
Senator Schow moved that the following amendment by Senators Schow, Morton and Zarelli be adopted:
On page 2, line 9, after "destroy" strike "or deface"
Renumber the sections consecutively and correct any internal references accordingly
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Schow, Morton and Zarelli on page 2, line 9, to Senate Bill No. 6115.
The motion by Senator Schow failed and the amendment was not adopted.
MOTION
On motion of Senator Smith, the rules were suspended, Senate Bill No. 6115 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. 6115.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6115 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; 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 and Wood - 48.
Voting nay: Senator Zarelli - 1.
SENATE BILL NO. 6115, 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 Zarelli, the following resolution was adopted:
SENATE RESOLUTION 1996-8674
By Senators Zarelli and Sutherland
WHEREAS, The Washington State Senate has a noble tradition of honoring excellence in all fields of endeavor; and
WHEREAS, This excellence has been attained by the Ridgefield High School Football Team with their final victory over the Cascade Kodiaks to earn the title 1995 Class A State Football Champions; and
WHEREAS, This win brought with it a sense of pride to the school and community by completing the season with a perfect thirteen win and zero losses record; and
WHEREAS, This championship team brought to Clark County and Ridgefield High School its first state title; and
WHEREAS, The leadership and inspiration of the coaches leading the team members with a positive attitude, all the while focusing their team on accomplishing the goal of winning the State Championship, was instrumental in their win; and
WHEREAS, In victory, the Spudders Football Team set two playoff records, scoring the most points, and rushing for the most yards in a single playoff game, and displayed outstanding individual effort by running back Nate Edgar, setting four new playoff records; and
WHEREAS, The leadership and guidance of this winning football team are the achievement of Coaches Art Osmundson, Matt Brkljacich, David Chicks, and Mark Thompson;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize and honor the Ridgefield High School Spudders Football Team and Coach Art Osmundson for their outstanding achievement and individual accomplishments; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the coaches, to each member of the Ridgefield Spudders Football Team, and to the principal and faculty of Ridgefield High School.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the 1995 Class A Ridgefield High School Championship Football Team and the coaches, 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. 6294, by Senators Bauer and Prince
Increasing a distribution of motor vehicle excise taxes to cities.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the rules were suspended, Senate Bill No. 6294 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. 6294.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6294 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. 6294, 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. 6279, by Senators Rasmussen, Newhouse, Bauer, Morton, Long, Loveland and A. Anderson
Providing for the taxation of fermented apple cider.
MOTIONS
On motion of Senator Spanel, Substitute Senate Bill No. 6279 was substituted for Senate Bill No. 6279 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. 6279 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. 6279.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6279 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. 6279, 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. 6395, by Senators Snyder, Wood, Kohl, Heavey, Haugen and Fraser (by request of Secretary of State Munro)
Funding maritime historic restoration and preservation.
MOTIONS
On motion of Senator Snyder, Substitute Senate Bill No. 6395 was substituted for Senate Bill No. 6395 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Snyder, the rules were suspended, Substitute Senate Bill No. 6395 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. 6395.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6395 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. 6395, 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. 6101, by Senators Drew, Strannigan, Spanel, Snyder, Bauer, Rasmussen, Roach and Oke
Establishing a free shellfish digging weekend and including steelhead trout in the free fishing weekend.
MOTIONS
On motion of Senator Drew, Substitute Senate Bill No. 6101 was substituted for Senate Bill No. 6101 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. 6101 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
PARLIAMENTARY INQUIRY
Senator West: "Thank you, Mr. President. For the record, I would like the President to state if this requires a two-thirds vote, because of the amendment to Initiative 45."
RULING BY THE PRESIDENT
President Pritchard: "Just a minute, I will check with my attorneys. Senator West is correct. It will take a two-thirds vote."
POINT OF INQUIRY
Senator West: "Senator Drew, just for clarification, Referendum 45 was on the ballot last fall and the voters approved it. This language does not in any way change the intent or the issues that were involved in that election, does it?"
Senator Drew: "No, it doesn't. It just amends the statute that is now under control of the Commissioner's Resident Director."
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6101.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6101 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. 6101, 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. 6226, by Senators Bauer, Moyer, Haugen and Winsley
Allowing appointment of a medical examiner in more populous counties.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 6226 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 Senate Bill No. 6226.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6226 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 14; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, Moyer, Newhouse, Oke, Owen, Pelz, Prince, Quigley, Rasmussen, Rinehart, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley, Wojahn and Wood - 35.
Voting nay: Senators Anderson, A., Deccio, Hochstatter, Johnson, McCaslin, McDonald, Morton, Prentice, Roach, Schow, Strannigan, Swecker, West and Zarelli - 14.
SENATE BILL NO. 6226, 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. 6505, by Senators Hale and Haugen
Clarifying and harmonizing provisions relating to cities and towns.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 6505 was substituted for Senate Bill No. 6505 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hale, the following amendments were considered simultaneously and were adopted:
On page 1, line 2, strike "35.21.710"
On page 5, beginning at line 23, strike all of Section 5 and renumber the remaining sections consecutively.
MOTION
Senator McDonald moved that the following amendment be adopted:
On page 5, after line 22, insert the following:
"NEW SECTION. Sec. 5. A new section is added to chapter 35.13A RCW to read as follows:
Whenever the board of commissioners of a water district or sewer district has determined by resolution that it is in the best interests of the district for a city to assume jurisdiction of the district, whether or not any of the territory or assessed valuation of the district is included within the corporate boundaries of the city, and the city legislative body has determined to assume jurisdiction of the district, the district and the city shall enter into a contract pursuant to RCW 35.13A.070, acceptable to both the district and the city, to carry out such assumption. The contract shall provide for the transfer to the city of all real and personal property, franchises, rights, assets, taxes levied but not collected for the district for other than indebtedness, water and sewer lines, and all other facilities and equipment of the district, which transfers shall be subject to all financial, statutory, or contractual obligations of the district for the security or performance of which such property may have been pledged. Such city in addition to its other powers, shall have the power to manage, control, maintain, and operate such property, facilities, and equipment and to fix and collect service and other charges from owners and occupants of properties so served by the city, subject, however, to any outstanding indebtedness, bonded or otherwise, of the district payable from taxes, assessments, or revenues of any kind or nature and to any other contractual obligations of the district including but not limited to the provisions of the contract entered into by such city and the district pursuant to RCW 35.13A.070.
Pursuant to such contract, the city may assume the obligation of paying such district indebtedness and of levying and of collecting or causing to be collected such district taxes, assessments, and utility rates and charges of any kind or nature to pay and secure the payment of such indebtedness, according to all of the terms, conditions, and covenants incident to such indebtedness, and shall assume and perform all other outstanding contractual obligations of the district in accordance with all of its terms, conditions, and covenants. No such assumption shall be deemed to impair the obligation of any indebtedness or other contractual obligation entered into after the effective date of this act. During the period until the outstanding indebtedness of the district has been discharged, the territory of the district and the owners and occupants of property therein, shall continue to be liable for its and their proportionate share of such indebtedness, including any outstanding assessments levied within any local improvement district or utility local improvement district thereof. The city shall assume the obligation of causing the payment of such indebtedness, collecting such taxes, assessments, and charges, and observing and performing the other district contractual obligations. The legislative body of the city shall act as the officers of the district for the purpose of certifying the amount of any property tax to be levied and collected therein, and causing service and other charges and assessments to be collected from such property or owners or occupants thereof, enforcing such collection, and performing all other acts necessary to ensure performance of the district's contractual obligations.
When a city assumes the obligation of paying the outstanding indebtedness, and if property taxes or assessments have been levied and service and other charges have accrued for such purpose but have not been collected by the district prior to such assumption, the property taxes or assessments when collected shall belong and be paid to the city and be used by such city so far as necessary for payment of the indebtedness of the district existing and unpaid on the date such city elects to assume the indebtedness. Any funds received by the city that have been collected for the purpose of paying any bonded or other indebtedness of the district, shall be used for the purpose for which they were collected and for no other purpose. Any outstanding indebtedness shall be paid as provided in the bond covenants. All funds of the district on deposit with the county treasurer at the time of title transfer shall be used by the city solely for the benefit of the utility and shall not be transferred to or used for the benefit of the city's general fund.
Sec. 6. RCW 35.13A.070 and 1971 ex.s. c 95 s 7 are each amended to read as follows:
Notwithstanding any provision of this chapter to the contrary, one or more cities and one or more water districts or sewer districts may, through their legislative authorities, authorize a contract with respect to the rights, powers, duties, and obligation of such cities, or districts with regard to the use and ownership of property, the providing of services, the maintenance and operation of facilities, allocation of cost, financing, and construction of new facilities, application and use of assets, disposition of liabilities and debts, the performance of contractual obligations, and any other matters arising out of the inclusion, in whole or in part, of the district or districts within any city or cities or the assumption by a city of jurisdiction of a district pursuant to section 5 of this act. The contract may provide for the furnishing of services by any party thereto and the use of city or district facilities or real estate for such purpose, and may also provide for the time during which such district or districts may continue to exercise any rights, privileges, powers, and functions provided by law for such district or districts as if the district or districts or portions thereof were not included within a city or subject to an assumption of jurisdiction pursuant to section 5 of this act, including but not by way of limitation, the right to promulgate rules and regulations, to levy and collect special assessments, rates, charges, service charges, and connection fees, ((and)) to adopt and carry out the provisions of a comprehensive plan, and amendments thereto, for a system of improvements, and to issue general obligation bonds or revenue bonds in the manner provided by law. The contract may provide for the transfer to a city of district facilities, property, rights, and powers as provided in RCW 35.13A.030 ((and)), 35.13A.050, and section 5 of this act, whether or not sixty percent or any of the area or assessed valuation of real estate lying within the district or districts is included within such city. The contract may provide that any party thereto may authorize, issue, and sell revenue bonds to provide funds for new water or sewer improvements or to refund any water revenue, sewer revenue, or combined water and sewer revenue bonds outstanding of any city((,)) or district ((which)) that is a party to such contract if such refunding is deemed necessary, providing such refunding will not increase interest costs. The contract may provide that any party thereto may authorize and issue, in the manner provided by law, general obligation or revenue bonds of like amounts, terms, conditions, and covenants as the outstanding bonds of any other party to the contract, and such new bonds may be substituted or exchanged for such outstanding bonds: PROVIDED, That no such exchange or substitution shall be effected in such a manner as to impair the obligation or security of any such outstanding bonds.
Sec. 7. RCW 35.13A.080 and 1971 ex.s. c 95 s 8 are each amended to read as follows:
In any of the cases provided for in RCW 35.13A.020, 35.13A.030, ((and)) 35.13A.050, and section 5 of this act, and notwithstanding any other method of dissolution provided by law, dissolution proceedings may be initiated by either the city or the district, or both, when the legislative body of the city and the governing body of the district agree to, and petition for, dissolution of the district.
The petition for dissolution shall be signed by the chief administrative officer of the city and the district, upon authorization of the legislative body of the city and the governing body of the district((,)) respectively, and such petition shall be presented to the superior court of the county in which the city is situated.
If the petition is thus authorized by both the city and district, and title to the property, facilities, and equipment of the district has passed to the city pursuant to action taken under this chapter, all indebtedness and local improvement district or utility local improvement district assessments of the district have been discharged or assumed by and transferred to the city, and the petition contains a statement of the distribution of assets and liabilities mutually agreed upon by the city and the district and a copy of the agreement between such city and the district is attached thereto, a hearing shall not be required and the court shall, if the interests of all interested parties have been protected, enter an order dissolving the district.
In any of the cases provided for in RCW 35.13A.020 ((and)), 35.13A.030, and section 5 of this act, if the petition for an order of dissolution is signed on behalf of the city alone or the district alone, or there is no mutual agreement on the distribution of assets and liabilities, the superior court shall enter an order fixing a hearing date not less than sixty days from the day the petition is filed, and the clerk of the court of the county shall give notice of such hearing by publication in a newspaper of general circulation in the district once a week for three successive weeks and by posting in three public places in the district at least twenty-one days before the hearing. The notice shall set forth the filing of the petition, its purposes, and the date and place of hearing thereon.
After the hearing the court shall enter its order with respect to the dissolution of the district. If the court finds that such district should be dissolved and the functions performed by the city, the court shall provide for the transfer of assets and liabilities to the city. The court may provide for the dissolution of the district upon such conditions as the court may deem appropriate. A certified copy of the court order dissolving the district shall be filed with the county auditor. If the court does not dissolve the district, it shall state the reasons for declining to do so."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator McDonald on page 5, after line 22, to Substitute Senate Bill No. 6505.
The motion by Senator McDonald carried and the amendment was adopted.
MOTIONS
On motion of Senator Hale, the following title amendments were considered simultaneously and were adopted:
On page 1, line 2 of the title, after "35.07.040," insert "35.13A.070, 35.13A.080,"
On page 1, line 3 of the title, after "35.23 RCW;" insert "adding a new section to chapter 35.13A RCW;"
On motion of Senator Hale, the rules were suspended, Engrossed Substitute Senate Bill No. 6505 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 Engrossed Substitute Senate Bill No. 6505.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6505 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.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6505, 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. 6462, by Senators Wojahn, Rasmussen, Smith, Haugen, Kohl, Long, Deccio, Winsley, Fairley, Prentice, Wood, Fraser, Hale, Moyer, McCaslin, Johnson, Oke, Goings, Bauer and Spanel (by request of Governor Lowry and Attorney General Gregoire)
Increasing penalties for domestic violence crimes.
The bill was read the second time.
MOTION
On motion of Senator Smith, the rules were suspended, Senate Bill No. 6462 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. 6462.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6462 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; 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, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.
Absent: Senator Prince - 1.
SENATE BILL NO. 6462, 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 10:56 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 1:39 p.m. by President Pritchard.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Smith, Gubernatorial Appointment No. 9198, D'Alene K. White, as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF D'ALENE K. WHITE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 5; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44.
Absent: Senators Drew, Heavey, Newhouse, Pelz and Sheldon - 5.
SECOND READING
SENATE BILL NO. 6314, by Senators Rinehart, Bauer, Wood, Kohl, Drew and Sheldon
Requiring higher education tuition rates to increase annually based on the average per capita income in the state.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the rules were suspended, Senate Bill No. 6314 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 Thibaudeau, Senator Pelz was excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6314.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6314 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, Moyer, Owen, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley, Wojahn and Wood - 31.
Voting nay: Senators Anderson, A., Cantu, Deccio, Hochstatter, Johnson, McCaslin, McDonald, Morton, Newhouse, Oke, Roach, Schow, Sellar, Strannigan, Swecker, West and Zarelli - 17.
Excused: Senator Pelz - 1.
SENATE BILL NO. 6314, 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. 6277, by Senator Drew
Providing vouchers for game fish licenses.
The bill was read the second time.
MOTIONS
On motion of Senator Drew, the following amendment by Senators Drew and Oke was adopted:
On page 2, beginning on line 11, after "(a)" strike all material through "license" on line 17, and insert "Until December 1997, persons who purchased a steelhead fishing license that expired on December 31, 1995, are entitled to a six-dollar voucher toward a 1997 steelhead fishing license. The voucher is available upon submitting a 1995 steelhead license or 1995 steelhead catch card to the department. A person who no longer has their 1995 steelhead license or 1995 steelhead catch card may apply for the voucher by completing a written affidavit available from the department.
(b) Until December 1997, persons who purchased a juvenile steelhead fishing license that expired on December 31, 1995, are entitled to a two-dollar voucher toward a 1997 juvenile steelhead fishing license. The voucher is available upon submitting a 1995 juvenile steelhead license or 1995 juvenile steelhead catch card to the department. A person who no longer has their 1995 juvenile steelhead license or 1995 juvenile steelhead catch card may apply for the voucher by completing a written affidavit available from the department. A person who obtained more than one 1995 juvenile catch card is only entitled to one two-dollar voucher"
On motion of Senator Drew, the rules were suspended, Engrossed Senate Bill No. 6277 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 Engrossed Senate Bill No. 6277.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6277 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.
ENGROSSED SENATE BILL NO. 6277, 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. 6130, by Senator Fairley
Providing standards of conduct for adult cabarets and adult theaters.
MOTIONS
On motion of Senator Fairley, Substitute Senate Bill No. 6130 was substituted for Senate Bill No. 6130 and the substitute bill was placed on second reading and read the second time.
Senator Haugen moved that the following amendment by Senators Haugen and McCaslin be adopted:
On page 2, delete lines 8-9.
Renumber the sections consecutively and correct any internal references accordingly
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Haugen and McCaslin on page 2, delete lines 8 and 9, to Substitute Senate Bill No. 6130.
The motion by Senator Haugen failed and the amendment was not adopted.
MOTIONS
On motion of Senator Fairley, the following amendment by Senator Smith was adopted:
On page 4, after line 10, insert the following:
"NEW SECTION. Sec. 3.
If any portion of this chapter, as now written or hereafter amended or as applied to any person or circumstance, is held invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole, or any provision, section or part thereof not adjudged to be invalid or unconstitutional, and its application to other persons or circumstances shall not be affected."Renumber the sections consecutively and correct any internal references accordingly
On motion of Senator Fairley, the rules were suspended, Engrossed Substitute Senate Bill No. 6130 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 Wood, Senator Sellar was excused.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6130.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6130 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.
Voting nay: Senators Cantu and Kohl - 2.
Absent: Senator Smith - 1.
Excused: Senator Sellar - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6130, 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 McAuliffe was excused.
SECOND READING
SENATE BILL NO. 6245, by Senators Thibaudeau, Prentice, Goings, Wood, Sheldon, Winsley, Quigley, Wojahn, Smith, Fraser, Moyer, Franklin, McAuliffe, Deccio and Rasmussen
Requiring child death investigations and reports.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 6245 was substituted for Senate Bill No. 6245 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 6245 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. 6245.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6245 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, 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, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.
Absent: Senator Finkbeiner - 1.
Excused: Senators McAuliffe and Sellar - 2.
SUBSTITUTE SENATE BILL NO. 6245, 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. 6104, by Senators Haugen, Winsley, Sheldon, McCaslin, Prentice, Kohl, Franklin and Spanel
Requiring fiscal notes for initiatives.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 6104 was substituted for Senate Bill No. 6104 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. 6104 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
PARLIAMENTARY INQUIRY
Senator McCaslin: "A point of parliamentary inquiry. When a Senator closes debate, can another Senator, if he thinks there is something else to say, get up and say it?"
REPLY BY THE PRESIDENT
President Pritchard: "Yes, they don't close off the debate, although you can't have a second time. If you have not talked on the measure, then you will be recognized."
Senator McCaslin: "This doesn't count as talking on the measure?"
President Pritchard: "You mean--"
Senator McCaslin: "My inquiry to you about closing debate."
President Pritchard: "Do you want to discuss the measure?"
Senator McCaslin: "No, I agree with you, I think debate should be closed."
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6104.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6104 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.
Voting yea: Senators Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, McCaslin, Oke, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley and Wojahn - 26.
Voting nay: Senators Anderson, A., Bauer, Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McDonald, Morton, Moyer, Newhouse, Owen, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Wood and Zarelli - 23.
SUBSTITUTE SENATE BILL NO. 6104, 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 2:37 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 4:03 p.m. by President Pritchard.
SECOND READING
SENATE BILL NO. 6167, by Senators Smith, Johnson, Newhouse and Winsley
Revising requirements for filing petitions for dissolution of marriage.
The bill was read the second time.
MOTION
On motion of Senator Smith, the rules were suspended, Senate Bill No. 6167 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. 6167.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6167 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. 6167, 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. 6224, by Senators Pelz, Deccio, Wojahn and Newhouse (by request of Department of Labor and Industries)
Exempting long-time disability pilot project participants from an expenditure limitation.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the rules were suspended, Senate Bill No. 6224 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. 6224.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6224 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. 6224, 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. 6157, by Senators Long, Fraser, Bauer and Winsley (by request of Joint Committee on Pension Policy)
Providing portable benefits for dual members.
The bill was read the second time.
MOTION
On motion of Senator Drew, the rules were suspended, Senate Bill No. 6157 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. 6157.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6157 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. 6157, 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. 6576, by Senators Schow, Prentice, Hale, McCaslin, Finkbeiner, Sellar, Moyer and Long
Protecting the privacy of adult adoptees.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 6576 was substituted for Senate Bill No. 6576 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. 6576 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6576.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6576 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; 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, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.
Absent: Senator Smith - 1.
SUBSTITUTE SENATE BILL NO. 6576, 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. 6186, by Senators Sheldon, Prentice, Wojahn, Thibaudeau, Fairley, Kohl, Bauer, Snyder, Heavey and Winsley
Establishing the Washington state organ donor medal.
MOTIONS
On motion of Senator Sheldon, Substitute Senate Bill No. 6186 was substituted for Senate Bill No. 6186 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. 6186 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Thibaudeau, Senator Smith was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6186.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6186 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Kohl, Long, Loveland, McAuliffe, Newhouse, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sheldon, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley and Wojahn - 30.
Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Heavey, Hochstatter, Johnson, McCaslin, McDonald, Morton, Moyer, Oke, Schow, Sellar, Strannigan, Wood and Zarelli - 18.
Excused: Senator Smith - 1.
SUBSTITUTE SENATE BILL NO. 6186, 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. 6392, by Senators Wood, Quigley, Roach, Cantu, Deccio, Prince and Moyer
Requiring disclosures by managed care entities.
MOTIONS
On motion of Senator Wood, Substitute Senate Bill No. 6392 was substituted for Senate Bill No. 6392 and the substitute bill was placed on second reading and read the second time.
Senator Wood moved that the following amendments be considered simultaneously and be adopted:
On page 1, line 9, after "be" strike "in a form prescribed by" and insert "filed with"
On page 3, line 17, after "is" strike "submitted to" and insert "filed with"
On page 3, line 19, after "required to" strike "submit to the insurance commissioner" and insert "file"
On page 4, line 1, after "be" strike "in a form prescribed by" and insert "filed with"
On page 5, line 27, after "is" strike "submitted to" and insert "filed with"
On page 5, line 29, after "required to" strike "submit to the insurance commissioner" and insert "file"
Debate ensued.
Senator West demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senator Wood on page 1, line, 9; page 3, lines 17 and 19; page 4, line 1; and page 5, lines 27 and 29; to Substitute Senate Bill No. 6392.
ROLL CALL
The Secretary called the roll and the amendments were adopted by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Haugen, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 25.
Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau and Wojahn - 24.
MOTION
On motion of Senator Wood, the rules were suspended, Engrossed Substitute Senate Bill No. 6392 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 Engrossed Substitute Senate Bill No. 6392.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6392 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, 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, Wood and Zarelli - 47.
Voting nay: Senators Franklin and Wojahn - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6392, 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. 6387, by Senators Spanel, A. Anderson, Snyder, Haugen, Roach and Kohl
Concerning the holders of Puget Sound Dungeness crab fishing licenses.
MOTIONS
On motion of Senator Drew, Substitute Senate Bill No. 6387 was substituted for Senate Bill No. 6387 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Drew, the following amendment by Senators Drew, Spanel and Oke was adopted:
On page 4, line 16, after "(d)" insert "The fish and wildlife commission shall not require recreational Puget Sound crab pot escape rings larger than four and one-eighth inches in diameter.
(e)"
MOTION
On motion of Senator Drew, the rules were suspended, Engrossed Substitute Senate Bill No. 6387 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 Engrossed Substitute Senate Bill No. 6387.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6387 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; 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, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.
Voting nay: Senator Sutherland - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6387, 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. 6112, by Senator Wojahn
Increasing allowable costs for vocational rehabilitation.
MOTIONS
On motion of Senator Pelz, Substitute Senate Bill No. 6112 was substituted for Senate Bill No. 6112 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Wojahn, the following amendment by Senators Wojahn and Pelz was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 51.32.095 and 1988 c 161 s 9 are each amended to read as follows:
(1) One of the primary purposes of this title is to enable the injured worker to become employable at gainful employment. To this end, the department or self-insurers shall utilize the services of individuals and organizations, public or private, whose experience, training, and interests in vocational rehabilitation and retraining qualify them to lend expert assistance to the supervisor of industrial insurance in such programs of vocational rehabilitation as may be reasonable to make the worker employable consistent with his or her physical and mental status. Where, after evaluation and recommendation by such individuals or organizations and prior to final evaluation of the worker's permanent disability and in the sole opinion of the supervisor or supervisor's designee, whether or not medical treatment has been concluded, vocational rehabilitation is both necessary and likely to enable the injured worker to become employable at gainful employment, the supervisor or supervisor's designee may, in his or her sole discretion, pay or, if the employer is a self-insurer, direct the self-insurer to pay the cost as provided in subsection (3) of this section.
(2) When in the sole discretion of the supervisor or the supervisor's designee vocational rehabilitation is both necessary and likely to make the worker employable at gainful employment, then the following order of priorities shall be used:
(a) Return to the previous job with the same employer;
(b) Modification of the previous job with the same employer including transitional return to work;
(c) A new job with the same employer in keeping with any limitations or restrictions;
(d) Modification of a new job with the same employer including transitional return to work;
(e) Modification of the previous job with a new employer;
(f) A new job with a new employer or self-employment based upon transferable skills;
(g) Modification of a new job with a new employer;
(h) A new job with a new employer or self-employment involving on-the-job training;
(i) Short-term retraining and job placement.
(3) Costs for vocational rehabilitation benefits allowed by the supervisor or supervisor's designee under subsection (1) of this section may include the cost of books, tuition, fees, supplies, equipment, transportation, child or dependent care, and other necessary expenses for any such worker in an amount not to exceed three thousand dollars in any fifty-two week period, except as authorized by section 2 of this act, and the cost of continuing the temporary total disability compensation under RCW 51.32.090 while the worker is actively and successfully undergoing a formal program of vocational rehabilitation. Such expenses may include training fees for on-the-job training and the cost of furnishing tools and other equipment necessary for self-employment or reemployment: PROVIDED, That such compensation or payment of retraining with job placement expenses may not be authorized for a period of more than fifty-two weeks: PROVIDED FURTHER, That such period may, in the sole discretion of the supervisor after his or her review, be extended for an additional fifty-two weeks or portion thereof by written order of the supervisor.
In cases where the worker is required to reside away from his or her customary residence, the reasonable cost of board and lodging shall also be paid. Said costs shall be chargeable to the employer's cost experience or shall be paid by the self-insurer as the case may be.
(4) The department shall establish criteria to monitor the quality and effectiveness of rehabilitation services provided by the individuals and organizations used under subsection (1) of this section. The state fund shall make referrals for vocational rehabilitation services based on these performance criteria.
(5) The department shall engage in, where feasible and cost-effective, a cooperative program with the state employment security department to provide job placement services under this section.
(6) The benefits in this section shall be provided for the injured workers of self-insured employers. Self-insurers shall report both benefits provided and benefits denied under this section in the manner prescribed by the department by rule adopted under chapter 34.05 RCW. The director may, in his or her sole discretion and upon his or her own initiative or at any time that a dispute arises under this section, promptly make such inquiries as circumstances require and take such other action as he or she considers will properly determine the matter and protect the rights of the parties.
(7) The benefits provided for in this section are available to any otherwise eligible worker regardless of the date of industrial injury. However, claims shall not be reopened solely for vocational rehabilitation purposes.
NEW SECTION. Sec. 2. A new section is added to chapter 51.32 RCW to read as follows:
For claims filed after July 1, 1996, costs for vocational rehabilitation benefits allowed by the supervisor or supervisor's designee under subsection (1) of this section may include the cost of books, tuition, fees, supplies, equipment, transportation, child or dependent care, and other necessary expenses for any such worker in an amount not to exceed five thousand dollars in any fifty-two week period, and the cost of continuing the temporary total disability compensation under RCW 51.32.090 while the worker is actively and successfully undergoing a formal program of vocational rehabilitation. Such expenses may include training fees for on-the-job training and the cost of furnishing tools and other equipment necessary for self-employment or reemployment: PROVIDED, That such compensation or payment of retraining with job placement expenses may not be authorized for a period of more than fifty-two weeks: PROVIDED FURTHER, That such period may, in the sole discretion of the supervisor after his or her review, be extended for an additional fifty-two weeks or portion thereof by written order of the supervisor.
In cases where the worker is required to reside away from his or her customary residence, the reasonable cost of board and lodging shall also be paid. Said costs shall be chargeable to the employer's cost experience or shall be paid by the self-insurer as the case may be."
MOTIONS
On motion Senator Pelz, the following title amendments were considered simultaneously and were adopted:
On page 1, line 2 of the title, after "benefits;" strike "and"
On page 1, line 2 of the title, after "RCW 51.32.095" insert "; and adding a section to chapter 51.32 RCW"
On motion of Senator Pelz, the rules were suspended, Engrossed Substitute Senate Bill No. 6112 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 Substitute Senate Bill No. 6112.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6112 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley and Wojahn - 26.
Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Wood and Zarelli - 23.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6112, 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. 6441, by Senators Moyer, Franklin, Schow, Wojahn, Zarelli, Quigley, Wood, Winsley, Fairley, Deccio, Oke and Kohl
Requiring expiration dates on prescriptions dispensed by nonresident pharmacies.
The bill was read the second time.
MOTION
On motion of Senator Moyer, the rules were suspended, Senate Bill No. 6441 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 Senate Bill No. 6441.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6441 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. 6441, 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. 5568, by Senate Committee on Transportation (originally sponsored by Senator Heavey)
Limiting weight of tire studs.
MOTIONS
On motion of Senator Heavey, Second Substitute Senate Bill No. 5568 was substituted for Substitute Senate Bill No. 5568 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Heavey, the rules were suspended, Second Substitute Senate Bill No. 5568 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. 5568.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5568 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 44.
Voting nay: Senators Anderson, A., Loveland, Morton, Sellar and West - 5.
SECOND SUBSTITUTE SENATE BILL NO. 5568, 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. 6254, by Senators Wojahn, Winsley, Franklin, Rasmussen, Oke and Goings
Placing property adjacent to Western state hospital in trust.
MOTIONS
On motion of Senator Quigley, Substitute Senate Bill No. 6254 was substituted for Senate Bill No. 6254 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Quigley, the rules were suspended, Substitute Senate Bill No. 6254 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. 6254.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6254 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. 6254, 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. 6155, by Senators Bauer, Long, Fraser, Winsley and Roach (by request of Joint Committee on Pension Policy)
Correcting the teachers' retirement system plan III.
MOTIONS
On motion of Senator Bauer, Substitute Senate Bill No. 6155 was substituted for Senate Bill No. 6155 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Bauer, the following amendment by Senators Rinehart and West was adopted:
On page 25, beginning on line 7, after "employment" strike all material down to and including "41.32.875" on line 12
MOTION
On motion of Senator Bauer, the rules were suspended, Engrossed Substitute Senate Bill No. 6155 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 Engrossed Substitute Senate Bill No. 6155.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6155 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, 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 - 48.
Voting nay: Senator Cantu - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6155, 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. 6468, by Senators Spanel, Quigley, Wojahn, Moyer, Franklin and Deccio
Providing insurance coverage for cranial hair.
MOTIONS
On motion of Senator Spanel, Substitute Senate Bill No. 6468 was substituted for Senate Bill No. 6468 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Spanel, the rules were suspended, Substitute Senate Bill No. 6468 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Roach: "Senator Moyer, is this bill going to just require that hair pieces be given to individuals or are we dealing with some sort of transplanting hair--what are we dealing with here?"
Senator Moyer: "This is a desert upon which no grass will grow. Once in a while, they get a little fuzz back, but that is about it, so you are really just talking about a cranial hair piece. You are not talking about replacing any other area on the body in which hair is absent."
Senator Roach: "How common is this?"
Senator Moyer: "Very uncommon."
Senator Roach: "So, we are just dealing with a few people?"
Senator Moyer: That's correct."
Senator Roach: "Thank you."
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6468.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6468 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 15; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, Moyer, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 34.
Voting nay: Senators Cantu, Finkbeiner, Hale, Hochstatter, Johnson, McCaslin, McDonald, Morton, Newhouse, Oke, Schow, Sellar, Strannigan, West and Zarelli - 15.
SUBSTITUTE SENATE BILL NO. 6468, 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. 6605, by Senators Loveland, West, Rinehart and Haugen
Changing provisions relating to bond debt service payments from the community and technical college capital projects account.
MOTIONS
On motion of Senator Loveland, Substitute Senate Bill No. 6605 was substituted for Senate Bill No. 6605 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Loveland, the rules were suspended, Substitute Senate Bill No. 6605 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6605.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6605 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; 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, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.
Absent: Senator Pelz - 1.
SUBSTITUTE SENATE BILL NO. 6605, 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. 6220, by Senators Owen, Moyer, Swecker, Sutherland, Drew, Rinehart, Goings, Snyder, Quigley, Haugen, Winsley, Oke, Roach, Bauer, Prentice, Hargrove, Sheldon, Wojahn, Finkbeiner and Rasmussen
Increasing disability and death benefits for volunteer fire fighters.
The bill was read the second time.
MOTION
On motion of Senator Drew, the rules were suspended, Senate Bill No. 6220 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. 6220.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6220 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. 6220, 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. 6198, by Senators Long and Fraser (by request of Department of Retirement Systems)
Collecting state retirement system overpayments.
MOTIONS
On motion of Senator Drew, Substitute Senate Bill No. 6198 was substituted for Senate Bill No. 6198 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. 6198 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6198.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6198 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. 6198, 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. 6651, by Senators Finkbeiner, Drew, Haugen, Swecker, Winsley, Johnson and Strannigan
Allowing public record storage on compact disc.
The bill was read the second time.
MOTIONS
On motion of Senator Sutherland, the following Committee on Energy, Telecommunications and Utilities amendment was adopted:
On page 1, line 9, after "compact disc meeting" strike "the ISO 9660 standard" and insert "current industry ISO specifications"
On motion of Senator Sutherland, the rules were suspended, Engrossed Senate Bill No. 6651 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 Senate Bill No. 6651.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6651 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.
ENGROSSED SENATE BILL NO. 6651, 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. 6428, by Senators Newhouse and Haugen
Revising irrigation district mergers.
The bill was read the second time.
MOTION
On motion of Senator Newhouse, the rules were suspended, Senate Bill No. 6428 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 Senate Bill No. 6428.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6428 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. 6428, 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. 6476, by Senators Sheldon and Schow
Adjusting vehicle and vessel fees.
The bill was read the second time.
MOTION
On motion of Senator Sheldon, the rules were suspended, Senate Bill No. 6476 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 Senate Bill No. 6476.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6476 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, 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 - 48.
Voting nay: Senator Cantu - 1.
SENATE BILL NO. 6476, 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 CONCURRENT RESOLUTION NO. 8428, by Senators Bauer, Wood, Kohl, Hale, Sheldon, Prince, Drew, McAuliffe and Rasmussen
Approving recommendations of the 1996 higher education master plan.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Bauer, the rules were suspended, Senate Concurrent Resolution No. 8428 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Concurrent Resolution No. 8428.
ROLL CALL
The Secretary called the roll on the final passage of Senate Concurrent Resolution No. 8428 and the concurrent resolution was adopted by 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 CONCURRENT RESOLUTION NO. 8428, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 6138, by Senator Kohl
Deleting mandatory permissive language for reinstatement of revoked massage practitioner licenses.
The bill was read the second time.
MOTION
On motion of Senator Kohl, the rules were suspended, Senate Bill No. 6138 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 Senate Bill No. 6138.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6138 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; 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, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.
Absent: Senator Pelz - 1.
SENATE BILL NO. 6138, 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. 6131, by Senators Fairley, Fraser, Kohl, Quigley and Rasmussen
Providing a cause of action for persons who are coerced into sexually explicit conduct.
MOTIONS
On motion of Senator Smith, Substitute Senate Bill No. 6131 was substituted for Senate Bill No. 6131 and the substitute bill was placed on second reading and read the second time.
Senator Johnson moved that the following amendment by Senators Johnson and McCaslin be adopted:
On page 2, line 8, after "actual damages," strike "punitive damages of up to fifty thousand dollars,"
Debate ensued.
Senator Smith demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Johnson and McCaslin on page 2, line 8, to Substitute Senate Bill No. 6131.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 17; Nays, 32; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Finkbeiner, Franklin, Haugen, Hochstatter, Johnson, McCaslin, McDonald, Morton, Newhouse, Prince, Roach, Schow, Sellar, Strannigan, West and Wood - 17.
Voting nay: Senators Bauer, Cantu, Deccio, Drew, Fairley, Fraser, Goings, Hale, Hargrove, Heavey, Kohl, Long, Loveland, McAuliffe, Moyer, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 32.
MOTION
On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 6131 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6131.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6131 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; 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, 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.
Absent: Senator Newhouse - 1.
SUBSTITUTE SENATE BILL NO. 6131, 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. 6631, by Senators Sutherland, West, Finkbeiner, Loveland, Heavey, Rasmussen, Hochstatter, Strannigan and Morton
Exempting thermal energy companies from utilities and transportation commission authority.
The bill was read the second time.
MOTIONS
On motion of Senator Sutherland, the following amendments by Senators Sutherland and Finkbeiner were considered simultaneously and were adopted:
On page 2, line 15, after "association," insert "partnership, joint venture,"
On page 2, line 28, after "repairs" insert "related to thermal energy"
On motion of Senator Sutherland, the rules were suspended, Engrossed Senate Bill No. 6631 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 Senate Bill No. 6631.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6631 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.
ENGROSSED SENATE BILL NO. 6631, 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 JOINT MEMORIAL NO. 8023, by Senators Deccio, Owen, Newhouse, Sellar, Snyder, Bauer, McCaslin, A. Anderson, Prince, Rasmussen, Roach, C. Anderson, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Oke, Palmer, Pelz, Prentice, Quigley, Rinehart, Schow, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli
Requesting the department of transportation to name an overpass after Senator Matson.
The joint memorial was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Senate Joint Memorial No. 8023 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
Senators Owen, Deccio, McCaslin, Anderson, Snyder and Pelz spoke to Senate Joint Memorial No. 8023, honoring former Senator Jim Matson.
MOTION
On motion of Senator Snyder, all Senators will be included as sponsors of Senate Joint Memorial No. 8023.
The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8023.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8023 and the joint memorial was adopted by 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 JOINT MEMORIAL NO. 8023, having received the constitutional majority, was declared passed.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced Mrs. Jim Matson, who was seated on the Rostrum.
PERSONAL PRIVILEGE
Senator Deccio: "Mr. President, a point of personal privilege. Senator Fred Redmon was Jim's predecessor. Jim succeeded him and I succeeded Jim. Fred Redmon has a Redmon Bridge, Jim Matson has a Jim Matson Overpass. Do you suppose we could have a memorial to name a little culvert after Alex Deccio?"
REPLY BY THE PRESIDENT
President Pritchard: "We have a drainage ditch waiting to be named after you."
MOTION
At 6:30 p.m., on motion of Senator Spanel, the Senate adjourned until 9:00 a.m., Thursday, February 8, 1996.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate