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THIRTY-THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, February 14, 1997
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senator Hale. On motion of Senator Swecker, Senator Hale was excused.
The Sergeant at Arms Color Guard, consisting of Pages Allison Johnson and Carlina Johnson, presented the Colors. Reverend Mary McGonigal, pastor of the Lacey Presbyterian Church, 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.
PERSONAL PRIVILEGE
Senator McAuliffe: "Thank you, Mr. President, a point of personal privilege. I would like to wish all of the legislators in the Senate today a Happy Valentine's Day--even the Republicans."
REPORTS OF STANDING COMMITTEES
February 13, 1997
SB 5069 Prime Sponsor, Senator McCaslin: Providing for the powers of initiative and referendum within counties. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Anderson, Haugen, Horn, Patterson and Swanson.
Passed to Committee on Rules for second reading.
February 13, 1997
SB 5111 Prime Sponsor, Senator Winsley: Requiring the preparation of maps by county assessors for listing of real estate. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Anderson, Horn, Patterson and Swanson.
Passed to Committee on Rules for second reading.
February 13, 1997
SB 5146 Prime Sponsor, Senator Winsley: Adding an additional member to the state investment board, representing a retired member of the teachers' retirement system. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5146 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Anderson, Haugen, Horn, Patterson and Swanson.
Passed to Committee on Rules for second reading.
February 13, 1997
SB 5164 Prime Sponsor, Senator Haugen: Removing certain tenants and occupants from a mobile home park. Reported by Committee on Financial Institutions, Insurance and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner and Prentice.
MINORITY Recommendation: Do not pass. Signed by Senators Heavey and Kline.
Passed to Committee on Rules for second reading.
February 13, 1997
SB 5176 Prime Sponsor, Senator McCaslin: Controlling personal service contracts. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5176 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Anderson, Horn and Patterson.
Passed to Committee on Rules for second reading.
February 12, 1997
SB 5188 Prime Sponsor, Senator Goings: Revising policies concerning health care and information about the health status of inmates. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 5188 be substituted therefor, and the substitute bill do pass. Signed by Senators Long, Chair; Zarelli, Vice Chair; Franklin, Hargrove, Schow and Stevens.
Passed to Committee on Rules for second reading.
February 13, 1997
SB 5198 Prime Sponsor, Senator Wood: Authorizing the higher education coordinating board to transfer moneys between the state work study program and the state need grant program. Reported by Committee on Higher Education
MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Wood, Chair; Winsley, Vice Chair; Bauer, Kohl, Patterson, Prince and Sheldon.
Referred to Committee on Ways and Means.
February 13, 1997
SB 5199 Prime Sponsor, Senator Wood: Requiring the higher education coordinating board to develop models for the delivery of technology-based programs. Reported by Committee on Higher Education
MAJORITY Recommendation: Do pass. Signed by Senators Wood, Chair; Winsley, Vice Chair; Bauer, Kohl, Patterson, Prince and Sheldon.
Passed to Committee on Rules for second reading.
February 13, 1997
SB 5200 Prime Sponsor, Senator Wood: Referencing the prior fiscal period rather than biennia for refunds and recoveries to the state educational trust fund. Reported by Committee on Higher Education
MAJORITY Recommendation: Do pass. Signed by Senators Wood, Chair; Winsley, Vice Chair; Bauer, Kohl, Patterson, Prince and Sheldon.
Passed to Committee on Rules for second reading.
February 13, 1997
SB 5210 Prime Sponsor, Senator Swecker: Providing tax exemptions and credits for coal-fired thermal electric generating facilities placed in operation before July 1, 1975. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 5210 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.
Referred to Committee on Ways and Means.
February 13, 1997
SB 5241 Prime Sponsor, Senator West: Allowing replacement of county assessors and county auditors in more populous counties. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Anderson, Haugen, Horn and Patterson.
Passed to Committee on Rules for second reading.
February 13, 1997
SB 5273 Prime Sponsor, Senator Morton: Regulating compensatory mitigation. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 5273 be substituted therefor, and the substitute bill 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 13, 1997
SB 5281 Prime Sponsor, Senator Morton: Updating and modifying certain noxious weed provisions. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 5281 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; McAuliffe, Newhouse, Oke and Rasmussen.
Passed to Committee on Rules for second reading.
February 13, 1997
SB 5331 Prime Sponsor, Senator Swecker: Revising provisions for solid waste permits. 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 13, 1997
SB 5370 Prime Sponsor, Senator Finkbeiner: Allowing a telecommunications company to reduce a rate or charge in a more streamlined manner. Reported by Committee on Energy and Utilities
MAJORITY Recommendation: Do pass. Signed by Senators Finkbeiner, Chair; Hochstatter, Vice Chair; Brown, Jacobsen, Rossi and Swanson.
Passed to Committee on Rules for second reading.
February 13, 1997
SB 5372 Prime Sponsor, Senator Finkbeiner: Limiting the number of times the maximum disposal fee at a radioactive waste disposal site may be adjusted. Reported by Committee on Energy and Utilities
MAJORITY Recommendation: Do pass. Signed by Senators Finkbeiner, Chair; Hochstatter, Vice Chair; Brown, Jacobsen, Rossi and Strannigan.
Passed to Committee on Rules for second reading.
February 13, 1997
SB 5514 Prime Sponsor, Senator Morton: Authorizing fees for commodity commissions and the department of agriculture. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: Do pass as amended. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.
Passed to Committee on Rules for second reading.
February 13, 1997
SB 5518 Prime Sponsor, Senator McCaslin: Clarifying the application of the housing for older persons act. Reported by Committee on Financial Institutions, Insurance and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Heavey, Kline and Prentice.
Passed to Committee on Rules for second reading.
February 13, 1997
SB 5590 Prime Sponsor, Senator Newhouse: Funding a biosolids management program. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: Do pass as amended. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.
Referred to Committee on Ways and Means.
February 13, 1997
SB 5593 Prime Sponsor, Senator Oke: Excluding materials purchased by farmers to improve wildlife habitat or forage from the definition of "sale at retail" or "retail sale" for tax purposes. 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.
MESSAGE FROM THE HOUSE
February 13, 1997
MR. PRESIDENT:
The Speaker has signed ENGROSSED SUBSTITUTE SENATE BILL NO. 5212, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
SB 5818 by Senators Jacobsen, Heavey, Prentice, Thibaudeau, Kohl and McAuliffe
AN ACT Relating to promotion and development of music; adding new sections to chapter 43.63A RCW; and making appropriations.
Referred to Committee on Commerce and Labor.
SB 5819 by Senator Patterson
AN ACT Relating to applicability of the Washington Condominium Act; and amending RCW 64.34.010.
Referred to Committee on Law and Justice.
SB 5820 by Senator Patterson
AN ACT Relating to city and town utility taxes; amending RCW 35.21.870; and repealing RCW 35.21.871 and 35A.82.070.
Referred to Committee on Government Operations.
SB 5821 by Senators Heavey and Patterson
AN ACT Relating to requiring ordinances and resolutions authorizing property tax increases in taxing districts; and amending RCW 84.55.120.
Referred to Committee on Government Operations.
SB 5822 by Senators Heavey, Patterson and Roach
AN ACT Relating to travel by public officers and employees; and adding a new section to chapter 42.04 RCW.
Referred to Committee on Government Operations.
SB 5823 by Senators Heavey and Patterson
AN ACT Relating to travel by public officers and employees; and adding new sections to chapter 42.04 RCW.
Referred to Committee on Government Operations.
SB 5824 by Senators Heavey, Patterson and Roach
AN ACT Relating to travel by public officers and employees; and adding a new section to chapter 42.04 RCW.
Referred to Committee on Government Operations.
SB 5825 by Senators McCaslin and Oke
AN ACT Relating to withdrawing from a public utility district; and adding a new section to chapter 54.08 RCW.
Referred to Committee on Government Operations.
SB 5826 by Senator Morton (by request of Washington State University)
AN ACT Relating to Morrill act trust lands and other public trusts; amending RCW 79.01.088, 79.01.136, 79.01.724, 79.64.010, 79.64.020, 79.64.030, 79.64.040, 79.66.050, 79.66.060, and 79.90.100; adding a new section to chapter 79.64 RCW; and declaring an emergency.
Referred to Committee on Natural Resources and Parks.
SB 5827 by Senators Roach, Haugen and Long
AN ACT Relating to fees for judicial and nonjudicial collection of governmental debt by collection agencies; and amending RCW 19.16.500.
Referred to Committee on Government Operations.
SB 5828 by Senators Hale, Snyder, Sheldon and McAuliffe
AN ACT Relating to business and occupation tax exemptions for wholesale transactions involving motor vehicles at auctions; adding a new section to chapter 82.04 RCW; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5829 by Senators Jacobsen and Fraser
AN ACT Relating to the nonindigenous species invasion task force; creating new sections; and declaring an emergency.
Referred to Committee on Natural Resources and Parks.
SB 5830 by Senators Jacobsen, Kline, Fraser and Kohl
AN ACT Relating to protection and restoration of water quality; adding a new chapter to Title 90 RCW; creating a new section; and providing an effective date.
Referred to Committee on Agriculture and Environment.
SB 5831 by Senators Newhouse, Deccio, Haugen and McCaslin
AN ACT Relating to the venue of actions by or against counties; and amending RCW 36.01.050.
Referred to Committee on Government Operations.
SB 5832 by Senators Roach, Heavey and Hargrove
AN ACT Relating to liens on owner's proceeds in favor of commercial real estate brokers; and adding a new chapter to Title 60 RCW.
Referred to Committee on Commerce and Labor.
SB 5833 by Senators Kohl, Wood, Spanel, Winsley, Bauer, Prince, McAuliffe, Patterson, Goings and Oke
AN ACT Relating to tuition stability; amending RCW 28B.15.066; adding a new section to chapter 28B.15 RCW; and creating a new section.
Referred to Committee on Higher Education.
SB 5834 by Senators Fairley, Winsley, Kohl and McAuliffe
AN ACT Relating to providing entrepreneurial opportunities for disabled persons; amending RCW 39.19.010, 39.19.020, 39.19.030, 39.19.060, 39.19.070, 39.19.080, 39.19.120, 39.19.150, 39.19.170, and 39.19.200; and creating new sections.
Referred to Committee on Commerce and Labor.
SB 5835 by Senators Swecker, McDonald, Benton, McCaslin, Zarelli, Horn, Sellar, Stevens, Deccio, Johnson, Newhouse, Winsley, Oke, Long, Anderson, Rossi, Roach and Hochstatter
AN ACT Relating to limiting property taxes by reducing the state levy, reducing the one hundred six percent limit calculation, and allowing for valuation increases to be spread over time; amending RCW 84.04.030, 84.40.020, 84.40.030, 84.40.040, 84.40.045, 84.41.041, 84.48.010, 84.48.065, 84.48.075, 84.48.080, 84.12.270, 84.12.280, 84.12.310, 84.12.330, 84.12.350, 84.12.360, 84.16.040, 84.16.050, 84.16.090, 84.16.110, 84.16.120, 84.36.041, 84.52.063, 84.70.010, 84.55.005, 84.55.010, 84.55.020, 35.61.210, 70.44.060, 84.08.115, and 84.55.120; adding a new section to chapter 84.04 RCW; adding a new section to chapter 84.40 RCW; adding new sections to chapter 84.55 RCW; creating new sections; repealing RCW 84.55.---; repealing 1997 c 2 s 5 (uncodified); and providing for submission of this act to a vote of the people.
Referred to Committee on Ways and Means.
SCR 8407 by Senators Franklin, Schow, Heavey and Fraser
Establishing an interagency task force to conduct a study of contingent work force issues.
Referred to Committee on Commerce and Labor.
MOTION
On motion of Senator Snyder, the following resolution was adopted:
SENATE RESOLUTION 1997-8619
By Senators Snyder, Hargrove, Swecker, Zarelli, Long, Goings, Swanson, Prince, Kohl, McCaslin, Sheldon, Loveland, Spanel, Horn, Oke, Haugen, Rossi, Bauer and Rasmussen
WHEREAS, The entire state of Washington mourns the loss of Petty Officer 2nd Class David Bosley, Petty Officer 3rd Class Matthew Schlimme, and Seaman Clinton Miniken, the Coast Guard officers who died in a tragic accident Wednesday; and
WHEREAS, These three brave crewmen died trying to save the lives of others; and
WHEREAS, This was a rare accident for the Coast Guard, the first fatal capsizing of this type of rescue boat in its thirty-five year history; and
WHEREAS, The Coast Guard is the primary federal agency with maritime authority for the United States; and
WHEREAS, One of the Coast Guard’s main missions is to render aid to people in distress and their property in the marine environment; and
WHEREAS, The Coast Guard maintains Search and Rescue facilities all along the United States mainland coasts, as well as Alaska, Hawaii, Guam, Puerto Rico, the Great Lakes, and internal United States waterways; and
WHEREAS, On a typical day, the Coast Guard saves thirty-two lives, assists three hundred and eight people, saves eighth million dollars in property value, conducts one hundred and forty-two search and rescue operations, responds to thirty-four oil or hazardous chemical spills, investigates seventeen marine accidents, and boards ninety large vessels for port safety checks;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor the approximately 37,000 men and women serving in the United States Coast Guard and pay its respects to the three crewmen who lost their lives Wednesday in the service of their country; and
BE IT FURTHER RESOLVED, That we now bow our heads in a minute of silent prayer for their families and loved ones, who must go on without a son, a father, a husband, a brother, a friend.
Senators Snyder, Zarelli and Swanson spoke to Senate Resolution 1997-8619.
MOMENT OF SILENCE
At the request of Senator Snyder, the Senate stood for a moment of silence in remembrance of the United States Coast Guard officers who died trying to save the lives of others February 13, 1997.
MOTION
At 10:16 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 11:10 a.m. by President Owen.
MOTION
On motion of Senator Johnson, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 5100, by Senators Oke and Strannigan
Allowing qualified trusts to hold shares in professional service corporations.
MOTIONS
On motion of Senator Roach, Substitute Senate Bill No. 5100 was substituted for Senate Bill No. 5100 the substitute bill was placed on second reading and read the second time.
On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 5100 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 Loveland: "My question is--I didn't serve on your committee and I certainly support the Red Cross--but the question that I had when I read the bill report was if--let me ask this scenario and see if this would be under this bill. If I transferred my assets into a nonprofit corporation and then was the President of that nonprofit corporation, could I receive the benefits and avoid the federal tax?"
Senator Johnson: "What this statute does is it permits stock in a professional service corporation, so medicine, law, accounting--that stock could be transferred not to a charity, but to a charitable remainder trust at which time it is sold by the trust, the assets then belong to that trust. There is nothing new in federal tax law about it; it is simply another asset. State law, heretofore, has prevented nonprofessionals from belonging to a professional corporation. You have to be a lawyer to have stock in such a corporation. This permits the transfer of that stock directly from that professional corporate stockholder to the charitable remainder trust and then sold. So, it is limited just to professional corporations and the charitable remainder trust."
Senator Loveland: "So, is the answer 'yes' or 'no' to the question that I just asked?"
Senator Johnson: "Restate the question, please."
Senator Loveland: "If I transfer my assets in stock into a nonprofit charitable organization, and I am the President of that nonprofit charitable organization, is the income I receive from those assets protected from paying federal income tax?"
Senator Johnson: "You are transferring--you are transferring not to a charity, but to a charitable remainder trust?"
Senator Loveland: "Right."
Senator Johnson: "You have an income tax deduction for the remainder interest of the asset transfer."
Senator Loveland: "Thank you."
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. 5100.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5100 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 45. Voting nay: Senators Brown, Kline and Wojahn - 3. Excused: Senator Hale - 1. SUBSTITUTE SENATE BILL NO. 5100, 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 Johnson, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Haugen, the following resolution was adopted:
SENATE RESOLUTION 1997-8616
By Senators Haugen, Swecker, Long and Spanel
WHEREAS, The industrial technology and woodworking class at Stanwood High School has earned a statewide reputation for excellence; and
WHEREAS, One of the reasons the woodworking program enjoys this reputation is because of the quality of instruction the students receive from Mike Chandler, himself a graduate of Stanwood High School; and
WHEREAS, Stanwood High School is one of the few schools that still places an emphasis on time-honored, traditional craftsmanship; and
WHEREAS, The students' projects range from impressive home and outdoor furniture to a wide array of handcrafted cabinetry; and
WHEREAS, The Stanwood High School woodworking program also supports the local economy by buying as much material as possible locally; and
WHEREAS, Stanwood is the only high school in the state that Weyerhaeuser sells materials to directly; and
WHEREAS, Students in the Stanwood High School woodworking program learn not only a craft and vocational skill, but they also learn to take pride in their workmanship, problem-solving skills, the ability to stay on task, and interpersonal skills; and
WHEREAS, The Stanwood High School woodworking program is the only high school invited annually by the Office of the Superintendent of Public Instruction to exhibit its projects during Vocational-Technical Education Week;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor and recognize the exceptional skills and craftsmanship demonstrated by students in the Stanwood High School woodworking program; and
BE IT FURTHER RESOLVED, That the Senate applaud and commend the outstanding job of teaching and mentoring that Mike Chandler has done at Stanwood High School for the past twenty-one years.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the Stanwood High School Woodworking Class and their instructor, Mr. Mike Chandler, who were seated in the gallery.
PERSONAL PRIVILEGE
Senator McCaslin: "A point of personal privilege, Mr. President. I don't know who made that walnut chest with the cedar inside. Who did that? That is absolutely one of the most beautiful pieces of furniture that I have ever seen. I would like to negotiate with you on the price cause I don't have that much money right now, but that--and the other pieces too-are just absolutely fine furniture and I want to congratulate you. As an old realtor going through homes and seeing lots of new homes and cabinets, you guys have done a remarkable job. Thank you."
MOTION
On motion of Senator Johnson, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 5380, by Senators Horn, Haugen, Benton, Franklin, Zarelli and Bauer
Raising the maximum per diem for boundary review board members.
The bill was read the second time.
MOTION
On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 5380 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. 5380.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5380 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46. Voting nay: Senator Fairley - 1. Absent: Senator Wood - 1. Excused: Senator Hale - 1. SENATE BILL NO. 5380, 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. 5423, by Senators Winsley and Prentice
Removing a termination date in the bank statement rule.
The bill was read the second time.
MOTION
On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5423 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. 5423.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5423 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Hale - 1. SENATE BILL NO. 5423, 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. 5242, by Senators Oke, McAuliffe, Snyder, Kohl, Sheldon, Winsley, Fairley, Long, Haugen, McDonald, Deccio, McCaslin, Sellar, Brown, Goings, Jacobsen and Patterson
Requiring personal flotation devices for children on certain recreational vessels.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Senate Bill No. 5242 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. 5242.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5242 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 12; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Haugen, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, Snyder, Spanel, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 35. Voting nay: Senators Benton, Finkbeiner, Hargrove, Heavey, Hochstatter, Horn, Morton, Schow, Sellar, Stevens, Strannigan and Zarelli - 12. Absent: Senator Kline - 1. Excused: Senator Hale - 1. SENATE BILL NO. 5242, 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. 5334, by Senators Winsley, Heavey, Finkbeiner, Benton, Rasmussen, Hale and West
Providing a credit against the premium tax for guaranty association assessments paid by insurers.
MOTIONS
On motion of Senator Winsley Substitute Senate Bill No. 5334 was substituted for Senate Bill No. 5334 and the substitute bill was placed on second reading and read the second time.
Senator Snyder moved that the following amendment by Senators Snyder, Loveland, Spanel, Fairley, McAuliffe, Thibaudeau, Franklin, Bauer, Wojahn, Brown, Kohl, Kline, Prentice, Fraser, Sheldon, Jacobsen, Goings and Swanson be adopted:
On page 3, line 23, after “3.” strike all material through “immediately” on line 26 and insert the following:“This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof” Debate ensued.
Senator Johnson demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll on the adoption of the amendment by Senators Snyder, Loveland, Spanel, Fairley, McAuliffe, Thibaudeau, Franklin, Bauer, Wojahn, Brown, Kohl, Kline, Prentice, Fraser, Sheldon, Jacobsen, Goings and Swanson on page 3, line 23, to Substitute Senate Bill No. 5334.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 20; Nays, 28; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 20. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Haugen, Heavey, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 28. Excused: Senator Hale - 1.
MOTION
On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 5334 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 Franklin, Senator Prentice was excused.
Further debate ensued.
POINT OF INQUIRY
Senator Snyder: "Senator West, the Legislature has passed a couple of property tax measures and we are about to pass this bill. The roll back of the B & O, which is about two hundred and five million, is on the calendar and will be passed, probably, the first of the week. If the Legislature passes those measures, how much more money will we be able to give in tax relief and still have the reserve and still have enough money to spend at the 601 limit?"
Senator West: "Well, Senator Snyder, unless you qualify reserve, then it is a lot. We are tracking this; we are keeping track. We have discussions with the Governor about what that number is and we will have enough money to have a substantial reserve and to stay within 601 and fund K-12 and fund higher education."
Senator Snyder: "I appreciate the information, but are you going to share the information with everybody in the body or just the Governor's office? Also, how much is that reserve going to be? Are you going to provide us with those figures--how much the reserve is going to be. How many more tax breaks we can give--a lot of which I certainly support--they are all worthy--and still have enough money? I would appreciate it if you would share those figures with us."
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. 5334.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5334 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 9; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 38. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Kline, Kohl, Patterson, Swanson and Wojahn - 9. Excused: Senators Hale and Prentice - 2. SUBSTITUTE SENATE BILL NO. 5334, 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 Johnson, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Rasmussen, the following resolution was adopted:
SENATE RESOLUTION 1997-8613
By Senators Rasmussen, Benton, Swecker, Long, Goings, Kohl, Bauer, Spanel, Fraser and Sheldon
WHEREAS, The economy of the state of Washington is comprised of diverse activities engaged in by people of varying interests and talents from all walks of life; and
WHEREAS, Vocational Education is vital to the success of our state as an economic leader; and
WHEREAS, Vocational Education is not relegated solely to the higher education system, but begins in Washington's secondary schools; and
WHEREAS, High School Vocational Education in Washington is ably represented by Vocational Student Organizations; and
WHEREAS, Vocational Student Organizations is comprised of VICA (Vocational Industrial Clubs of America), FFA (Future Farmers of America), FBLA (Future Business Leaders of America), FHA-HERO (Future Homemakers of America), and DECA (Distributive Education Clubs of America); and
WHEREAS, These organizations represent more than 27,000 students from all corners of our state; and
WHEREAS, Through their involvement in their vocational activities, these students are learning skills not necessarily available to them in the conventional classroom setting; and
WHEREAS, They are training to become better workers, better leaders, better problem-solvers and decision-makers, as well as better citizens; and
WHEREAS, Their activities are supported by true public/private partnerships that allow private enterprise to become more fully involved with public schools in shaping the future of our economy and its entrepreneurs and workforce; and
WHEREAS, These active, forward-thinking, and creative young people are blazing the trail into the future for our state; and
WHEREAS, Their initiative and leadership today will no doubt inspire many others tomorrow and in the years ahead; and
WHEREAS, Their example of personal responsibility and of creating opportunity is one that all citizens would do well to emulate;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Senate of the state of Washington do hereby recognize and honor the hard work and dedication of the state officers of VICA, DECA, FHA, FFA, and FBLA here present and the more than 27,000 members they represent, as well as Vocational Student Organizations’ chairperson, Judy Reynolds, and thank them all for their efforts on behalf of themselves and their future, as well as the future of the great state of Washington; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate do hereby immediately transmit copies of this resolution to each of the aforementioned organizations.
Senators Rasmussen, Benton and Wood spoke to Senate Resolution 1997-8613.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the following members of the Washington State Future Farmers of America who were seated in the gallery: Hillary Fulk, State Vice President; Rhonda Newbury, State Treasurer; and Mr. Ron Crawford, State Advisor.
PERSONAL PRIVILEGE
Senator Swanson: "I rise to a point of personal privilege. It appears that last week I inflicted terrible pain and suffering on my fellow colleagues, without intent. I understand Senator Heavey is in grave pain and Senator Swecker is suffering greatly. In an effort to appease and offset some of that agony, I have left a small token of my deep regret, on your desks. I wish you all a Happy Valentine's Day."
MOTION
On motion of Senator Swecker, the following resolution was adopted:
SENATE RESOLUTION 1997-8620
By Senators Swecker, Zarelli and Rasmussen
WHEREAS, Legislators and staff are often so consumed at this time of year with their legislative duties that they may neglect to let their families know how much they truly care and appreciate their support and devotion; and
WHEREAS, Since, for many of us, our legislative duties will keep us apart from our spouses and children on this special day; and
WHEREAS, Because of these time constraints, many of us will be scrambling at a mini- mart on the way home for a cheap nylon rose and some heart-shaped sugar to give our loved ones; and
WHEREAS, Saint Valentine’s Day is the last holiday for property owners to generously spend money on their loved ones before being bombarded with property tax statements; and
WHEREAS, Saint Valentine’s Day provides family-wage jobs for thousands of arrow-shooting Cupids across this great land of ours and therefore also promotes their right to bear arms, and
WHEREAS, Even though as state legislators and staff responsible for the well-being of five million Washingtonians, we have a legitimate excuse for forgetting this day; and
WHEREAS, Despite having a legitimate excuse, we would still all be in the dog house if we did actually forget this most romantic of occasions; and
WHEREAS, In all seriousness, few of us could be successful, effective legislators and staff without the love, devotion and support of our families;
NOW, THEREFORE, BE IT RESOLVED, That we, the members and staff of the Washington State Senate, hereby request that our spouses, children and significant others be their valentines on this special day and;
BE IT FURTHER RESOLVED, That our love and appreciation for all of their sacrifices be officially recognized, and that a copy of this resolution be made available to individual Senators and staff to send to their loved ones to let them know we are always thinking of them.
Senators Swecker and Deccio spoke to Senate Resolution 1997-8620.
POINT OF INQUIRY
Senator Wojahn: "Senator Swecker, I'm puzzled. Would you please define 'significant others?'"
Senator Swecker: "That is a matter of personal choice. Thank you."
POINT OF INQUIRY
Senator Heavey: "Senator Swecker, thank you, I appreciate the sentiments in this and we should all go home and exercise them. Call me irresponsible, call me old-fashioned and romantic, significant others would not preclude people of the same sex, would it? Thank you."
Senator Swecker did not respond.
MOTION
At 12:21 p.m., on motion of Senator Johnson, the Senate adjourned until 10:00 a.m., Monday, February 17, 1997.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate