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TWENTY-FOURTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, February 5, 1997
The Senate was called to order at 10:00 a.m. by President Pro Tempore Newhouse. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senator McDonald. On motion of Senator Hale, Senator McDonald was excused.
The Sergeant at Arms Color Guard, consisting of Pages Anne Luce and Gabe Martinez, presented the Colors. Reverend C. Edward Evans, pastor of the United Church of Christ of Vancouver, Washington, and a guest of Lieutenant Governor Brad Owen, offered the prayer.
MOTION
On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.
LETTER OF APPOINTMENT
SENATOR, 35TH LEGISLATIVE DISTRICT
MASON COUNTY BOARD OF COUNTY COMMISSIONERS
Mason County Courthouse Building 1
411 North Fifth Street
Shelton, WA 98584-3400
February 5, 1997
Secretary of State
Attn: Keri Rooney
416 14th Avenue, Legislative Bldg.
Olympia, WA 98504
RE: 35th Legislative District Senate Appointment
The County Commissioners from the 35th Legislative District (Grays Harbor, Kitsap, Mason, and Thurston) met jointly on Monday, February 3, 1997, in Mason County to interview the three nominees from the Washington State Democratic Party for the vacant Senate position.
Lena Swanson was selected to fill the vacant Senate position with a vote of 7 to 5.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
Mary Jo Cady John A. Bolender Cynthia D. Olsen
Chairperson Commissioner Commissioner
APPOINTMENT OF SPECIAL COMMITTEE
The President Pro Tempore appointed a committee of honor consisting of Senators Sheldon and Zarelli to escort newly appointed Lena Swanson to the rostrum.
The Honorable Terry McCluskey, Kitsap County Superior Court Judge, who was seated on the rostrum, administered the oath of office to Lena Swanson. Jack Jones, former Prisoner of War, held the Bible.
The President Pro Tempore presented Senator Swanson with a certificate of appointment.
The committee escorted Senator Swanson to her seat in the Chamber and the committee was discharged.
REPORTS OF STANDING COMMITTEES
February 4, 1997
SB 5030 Prime Sponsor, Senator Horn: Establishing procedures by which owners of single-family residences may use lake water for noncommercial landscape irrigation. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 5030 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Newhouse and Oke.
MINORITY Recommendation: Do not pass. Signed by Senators Fraser, McAuliffe and Rasmussen.
Passed to Committee on Rules for second reading.
February 4, 1997
SB 5079 Prime Sponsor, Senator Swecker: Providing an alternative means to comply with wastewater discharge permit requirements. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 5079 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Newhouse, Oke and Rasmussen.
Passed to Committee on Rules for second reading.
February 4, 1997
SB 5163 Prime Sponsor, Senator Haugen: Filing financing statements. Reported by Committee on Financial Institutions, Insurance and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Kline and Prentice.
Passed to Committee on Rules for second reading.
February 4, 1997
SB 5193 Prime Sponsor, Senator Prentice: Revising sales and use tax exemptions for farmworker housing. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: Do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.
Passed to Committee on Rules for second reading.
February 4, 1997
SB 5299 Prime Sponsor, Senator Swecker: Requiring that a petition of review be served upon local government. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: Do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Oke and Rasmussen.
Passed to Committee on Rules for second reading.
February 4, 1997
SB 5423 Prime Sponsor, Senator Winsley: Removing a termination date in the bank statement rule. Reported by Committee on Financial Institutions, Insurance and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Heavey, Kline and Prentice.
Passed to Committee on Rules for second reading.
MESSAGE FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENT
January 28, 1997
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
Judy Schurke, reappointed January 28, 1997, for a term ending June 17, 1999, as member of the Board of Industrial Insurance Appeals.
Sincerely
GARY LOCKE, Governor
Referred to Committee on Commerce and Labor
MESSAGE FROM THE HOUSE
February 3, 1997
MR. PRESIDENT:
The House has passed:
HOUSE BILL NO. 1002,
SUBSTITUTE HOUSE BILL NO. 1003,
SUBSTITUTE HOUSE BILL NO. 1007,
HOUSE BILL NO. 1012,
SUBSTITUTE HOUSE BILL NO. 1016,
HOUSE BILL NO. 1019,
HOUSE BILL NO. 1038,
SUBSTITUTE HOUSE BILL NO. 1060,
SUBSTITUTE HOUSE BILL NO. 1065,
HOUSE BILL NO. 1067,
HOUSE BILL NO. 1082, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
SB 5644 by Senators Stevens, Schow, Haugen, Rossi, Oke, Winsley and Roach
AN ACT Relating to coin-operated laundry facilities; and reenacting and amending RCW 82.04.050.
Referred to Committee on Ways and Means.
SB 5645 by Senators Long, Kohl, Haugen, Schow, Stevens, Rossi, Benton and Roach
AN ACT Relating to business and occupation taxes; and reenacting and amending RCW 82.04.050.
Referred to Committee on Ways and Means.
SB 5646 by Senators Prince, Hochstatter, Morton and Roach
AN ACT Relating to including land and structures used in farming operations in definition of "farm and agricultural land"; and amending RCW 84.34.020.
Referred to Committee on Agriculture and Environment.
SB 5647 by Senators Wood, Snyder, Swecker, Bauer, Zarelli, Winsley and Kohl (by request of State Board for Community and Technical Colleges)
AN ACT Relating to building fee payments by community and technical colleges; and amending RCW 28B.50.360.
Referred to Committee on Higher Education.
SB 5648 by Senators Morton, McCaslin and West
AN ACT Relating to juvenile services; and amending RCW 13.04.035.
Referred to Committee on Human Services and Corrections.
SB 5649 by Senators Deccio, Wood and Strannigan
AN ACT Relating to school district employee benefits; and amending RCW 28A.400.270.
Referred to Committee on Health and Long-Term Care.
SB 5650 by Senator McDonald
AN ACT Relating to local government; amending RCW 35.13A.070 and 35.13A.080; and adding a new section to chapter 35.13A RCW.
Referred to Committee on Government Operations.
SB 5651 by Senators Anderson, Newhouse, Schow, Horn and Oke
AN ACT Relating to restricting actions against employers under industrial insurance; and amending RCW 51.24.020.
Referred to Committee on Commerce and Labor.
SB 5652 by Senators Stevens and Benton
AN ACT Relating to the creation of Freedom county, subject to the requirements of the state Constitution and statutes in respect to the establishment of new counties; amending RCW 36.04.310, 36.04.040, 2.08.064, and 3.34.010; adding a new section to chapter 36.04 RCW; creating new sections; providing an effective date; and declaring an emergency.
Referred to Committee on Government Operations.
SB 5653 by Senators Oke and Snyder (by request of Commissioner of Public Lands Belcher and Department of Natural Resources)
AN ACT Relating to the establishment of procedures for direct sale of timber from state-owned land; and amending RCW 79.01.132 and 79.01.184.
Referred to Committee on Natural Resources and Parks.
SB 5654 by Senators Thibaudeau, Kline, Prince and Kohl
AN ACT Relating to recognizing and regulating the right of mentally competent terminally ill adults voluntarily to request and receive physician aid in dying; amending RCW 70.122.100 and 9A.36.060; adding a new chapter to Title 70 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Health and Long-Term Care.
SB 5655 by Senators Winsley, Bauer, Swecker and Jacobsen
AN ACT Relating to conversion to the standard retirement allowance when spouse beneficiaries of the reduced retirement allowance have died; and amending RCW 41.26.460, 41.32.530, 41.32.785, 41.40.188, and 41.40.660.
Referred to Committee on Ways and Means.
SB 5656 by Senators Zarelli, Kline, Hargrove, Stevens, McCaslin, Oke and Goings
AN ACT Relating to the crime of voyeurism; reenacting and amending RCW 9A.04.080; adding a new section to chapter 9A.44 RCW; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5657 by Senator Strannigan
AN ACT Relating to long-term leases of real estate on behalf of state agencies; and reenacting and amending RCW 43.82.010.
Referred to Committee on Ways and Means.
SB 5658 by Senators Morton, Hale, Deccio, Anderson and Hochstatter
AN ACT Relating to water resources; adding new sections to chapter 90.03 RCW; adding a new section to chapter 43.21A RCW; adding a new section to chapter 43.27A RCW; adding a new sections to chapter 90.54 RCW; adding a new section to chapter 90.44 RCW; and declaring an emergency.
Referred to Committee on Agriculture and Environment.
SB 5659 by Senator Morton
AN ACT Relating to the beef commission; and amending RCW 16.67.040 and 16.67.051.
Referred to Committee on Agriculture and Environment.
SB 5660 by Senators Kohl, Long, Hargrove and Winsley
AN ACT Relating to out-of-home care; amending RCW 74.15.130 and 74.13.090; reenacting and amending RCW 74.15.020; adding new sections to chapter 74.15 RCW; creating new sections; and prescribing penalties.
Referred to Committee on Human Services and Corrections.
SB 5661 by Senators Finkbeiner, Brown, Strannigan, Rossi, Hochstatter and Oke
AN ACT Relating to the electric utility industry; and adding a new chapter to Title 80 RCW.
Referred to Committee on Energy and Utilities.
SB 5662 by Senators Prince, Haugen, Wood, Heavey, Oke, Prentice and Jacobsen
AN ACT Relating to transportation funding and appropriations; creating new sections; making appropriations; and declaring an emergency.
Referred to Committee on Transportation.
SB 5663 by Senator Bauer
AN ACT Relating to lowering additional taxes on spirits; and amending RCW 82.08.150.
Referred to Committee on Commerce and Labor.
SB 5664 by Senators Horn, Bauer, Sheldon and Schow
AN ACT Relating to credit and debit card purchases in state liquor stores; and amending RCW 66.08.026 and 66.16.041.
Referred to Committee on Commerce and Labor.
SJM 8007 by Senators Oke, Benton and Roach
Petitioning Congress to maintain a viable combat-ready Armed Forces.
Referred to Committee on Government Operations.
SJM 8008 by Senators Oke, Winsley, Benton and Roach
Preserving the U.S.S. Missouri.
HOLD.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
HB 1002 by Representatives L. Thomas, Dyer and Mielke
Clarifying submission of insurance antifraud plans.
Referred to Committee on Financial Institutions, Insurance and Housing.
SHB 1003 by House Committee on Finance (originally sponsored by Representatives Pennington, Hatfield, Mielke, Thompson, Cole, DeBolt, D. Sommers, Conway, Boldt, Alexander, Schoesler, Kessler, Bush, Smith, Dyer and O'Brien)
Defining "local government" and "special assessment" for the purposes of tax deferrals for senior citizens and disabled persons.
Referred to Committee on Ways and Means.
SHB 1007 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas and Wolfe) (by request of Pollution Liability Insurance Agency)
Expanding the duties of the director of the Washington state pollution liability insurance agency.
Referred to Committee on Financial Institutions, Insurance and Housing.
HB 1012 by Representatives Cairnes, Skinner, Hankins, Robertson, Chandler, Mitchell, B. Thomas, L. Thomas, Cooke and Mielke
Authorizing highway bonds.
Referred to Committee on Transportation.
SHB 1016 by House Committee on Capital Budget (originally sponsored by Representatives Schoesler, Honeyford, McMorris, Carlson, Boldt, Mason, Sheahan, Buck, Ogden, Huff, Grant, Chandler and Clements) (by request of Washington State University)
Transferring property to Washington State University Lind dryland research unit.
Referred to Committee on Natural Resources and Parks.
HB 1019 by Representatives Honeyford, Ogden, D. Sommers and Mason (by request of Public Works Board)
Implementing the public works board's recommendations for project loans.
Referred to Committee on Ways and Means.
HB 1038 by Representatives D. Schmidt, Scott and D. Sommers
Providing procedural requirements for recording documents in the office of the county auditor.
Referred to Committee on Government Operations.
SHB 1060 by House Committee on Capital Budget (originally sponsored by Representatives Sehlin, Ogden, Hankins, Grant, Keiser, Scott, Dickerson, Cole, Conway, Quall, Lantz, Cody, Murray, Costa, Morris, Linville, Anderson and Chopp) (by request of Interagency Committee for Outdoor Recreation)
Authorizing Washington wildlife and recreation program projects for fiscal year 1997.
Referred to Committee on Ways and Means.
SHB 1065 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Wolfe and Mason) (by request of Insurance Commissioner Senn)
Filing certain insurance related corporate documents.
Referred to Committee on Financial Institutions, Insurance and Housing.
HB 1067 by Representatives Sterk, Thompson, Costa, Sheahan, Sherstad, Smith, Mielke and O'Brien
Extending the time limits for commencing a prosecution for certain traffic crimes where a death results.
Referred to Committee on Law and Justice.
HB 1082 by Representatives McDonald and Sheahan
Extending authority to cite for contempt of court.
Referred to Committee on Law and Justice.
MOTIONS
On motion of Senator Johnson, Senate Joint Memorial No. 8008 was held on the desk.
On motion of Senator Johnson, House Joint Memorial No. 4008, which was held on the desk January 31, 1997, was referred to the Committee on Government Operations.
MOTION
On motion of Senator Swecker, the following resolution was adopted:
SENATE RESOLUTION 1997-8609
By Senators Swecker, Fraser and Franklin
WHEREAS, It is the policy of the Legislature to recognize excellence in all fields of endeavor; and
WHEREAS, The sixty-seven members of the Yelm Prairie Elementary School Choral Group were invited to sing at the second inaugural address of President William J. Clinton; and
WHEREAS, The students performed an original piece, “If It Takes a Village,” written by their music teacher, Lynn Roselle Kourehdar; and
WHEREAS, An ambitious fund raising project, which generated over one hundred thousand dollars in donations from people across the state, made the trip possible; and
WHEREAS, The students were excellent ambassadors of the state of Washington;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate give honor to each member of the Yelm Prairie Elementary Choral Group, and to music teacher Lynn Roselle Kourehdar; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to each member of the Yelm Prairie Elementary Choral Group, and to Lynn Roselle Kourehdar.
Senators Swecker, Fraser, Rasmussen, Franklin and McAuliffe spoke to Senate Resolution 1997-8609.
INTRODUCTION OF SPECIAL GUESTS
The President Pro Tempore welcomed and introduced the members of the Yelm Elementary School Choral Group and their music teacher, Lynn Roselle Kourehdar, seated in the gallery.
MOTION
On motion of Senator Kohl, the following resolution was adopted:
SENATE RESOLUTION 1997-8610
By Senators Kohl, Jacobsen, Hale, McAuliffe, Prince, Brown, Zarelli, Thibaudeau, Bauer, Long, Winsley, Rasmussen, Wood, Swecker, Morton, Wojahn, Fairley, Johnson, Franklin, Fraser, Finkbeiner and Spanel
WHEREAS, Athletics is one of the most effective ways for women in the United States to develop leadership skills, self-discipline, initiative, and confidence; and
WHEREAS, Sport and fitness activity contributes to emotional and physical well-being, and women need both strong minds and strong bodies; and
WHEREAS, The communication and cooperation skills learned through athletic experience play a key role in the contributions of athletes to the home, to the work place, and to society; and
WHEREAS, Early motor skill training and enjoyable experiences of physical activity strongly influence lifelong habits of physical fitness; and
WHEREAS, The bonds built among women through athletics help break down the social barriers of racism and prejudice; and
WHEREAS, The history of women in sports is rich and long, but there has been little national recognition of the significance of the athletic achievements of women; and
WHEREAS, The state of Washington has produced women athletic winners such as Olympic skier Debbie Armstrong; ice skater Rosalynn Sumners; track stars Doris Heritage, Gail Devers, and Gitte Karloshoj; swimmer Mary Wayte; synchronized swimmer Tracie Ruiz-Conforto; marathon runner Lisa Weidenbach; soccer players Shannon Higgins and Michelle Akers; team handball player Dawn Allinger; rowers Roberta Blanda, Hana Dariusova, Sabrina Telenska, Jennifer Devine, Karen Kraft, Elizabeth McCagg, and Mary McCagg; kayaker Shelly Oates; discus thrower Aretha Hill; javelin thrower Erica Wheeler; cyclist Rebecca Twigg; basketball player Camille Thompson; and beach volleyball player Deb Richardson; whose spirit, talent, and accomplishments distinguished them from others and were a source of inspiration and pride to all of us; and
WHEREAS, The Seattle Reign, one of eight teams from the American Basketball League, the premier womens' basketball league in the United States and Tara Davis and Rhonda Smith, two former University of Washington basketball players who are members of the Seattle Reign, provide a vital and necessary contribution to the state of Washington by serving as positive role models and mentors to young women and girls; and
WHEREAS, Women are underrepresented in the leadership positions of coaches, officials, and administrators, and there is a need for women to serve in these positions to ensure a fair representation of the abilities of women and to provide role models for young female athletes; and
WHEREAS, Although the athletic opportunities for female students at the college and high school level have improved because of federal and state gender equity laws, the participation rates of male and female athletes at the college and high school levels are still not equitable; and
WHEREAS, The number of funded research projects focusing on the specific needs of women athletes is limited, and the information provided by the projects is imperative to the health and performance of future women athletes;
NOW, THEREFORE, BE IT RESOLVED, That February 6, 1997, be designated as National Girls and Women in Sport's Day, and Governor Locke is authorized and requested to issue a proclamation calling upon local and state jurisdictions to observe the day with appropriate ceremonies and activities.
MOTION
At 10:29 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 11:57 a.m. by President Pro Tempore Newhouse.
MOTION
At 11:57 a.m., on motion of Senator Johnson, the Senate adjourned until 12:00 noon, Thursday, February 6, 1997.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate