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SIXTY-FIFTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Tuesday, March 18, 1997

      The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Finkbeiner, Goings, Patterson, Prentice, Rasmussen and West. On motion of Senator Hale, Senators Finkbeiner and West were excused. On motion of Senator Franklin, Senators Goings, Patterson and Prentice were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Tom Edwardsen and Josh Fishburne presented the Colors. Reverend Dale Cockrum, pastor of the First United Methodist Church of Olympia, and a guest of Senator Don Benton, 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.


MESSAGES FROM THE HOUSE

March 15, 1997

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE HOUSE BILL NO. 1257,

      HOUSE BILL NO. 1570,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1969,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2013,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2038,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2046,

      SUBSTITUTE HOUSE BILL NO. 2090,

      ENGROSSED HOUSE BILL NO. 2093,

      SUBSTITUTE HOUSE BILL NO. 2097,

      HOUSE BILL NO. 2117,

      SUBSTITUTE HOUSE BILL NO. 2180,

      HOUSE BILL NO. 2197,

      SUBSTITUTE HOUSE BILL NO. 2237,

      SECOND SUBSTITUTE HOUSE BILL NO. 2239, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 15, 1997

MR. PRESIDENT:

      The House has passed:

      SECOND SUBSTITUTE HOUSE BILL NO. 1825,

      SECOND SUBSTITUTE HOUSE BILL NO. 1851,

      SUBSTITUTE HOUSE BILL NO. 1888,

      SUBSTITUTE HOUSE BILL NO. 1934,

      SUBSTITUTE HOUSE BILL NO. 1985,

      HOUSE BILL NO. 1991,

      HOUSE BILL NO. 2074,

      SUBSTITUTE HOUSE BILL NO. 2077,

      HOUSE BILL NO. 2084,

      SUBSTITUTE HOUSE BILL NO. 2179, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk



INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

SHB 1257          by House Committee on Finance (originally sponsored by Representatives DeBolt, Alexander, Pennington, Sheldon, Kessler, Poulsen, McMorris, Mielke, Van Luven, Grant, Crouse, Mastin, Doumit and Hatfield)

 

Providing tax exemptions and credits for coal-fired thermal electric generating facilities placed in operation before July 1, 1975.

 

Referred to Committee on Agriculture and Environment.

 

HB 1570            by Representatives Sherstad, L. Thomas, Mielke, Smith, Cairnes, Dunn, Thompson, McMorris, Crouse and Honeyford

 

Exempting the transfer of new residential construction from disclosure requirements.

 

Referred to Committee on Government Operations.

 

2SHB 1825        by House Committee on Appropriations (originally sponsored by Representatives Sump, Thompson, Pennington, Sheldon, DeBolt, Kessler and Hatfield)

 

Concerning the funding of the forest development account.

 

Referred to Committee on Natural Resources and Parks.

 

2SHB 1851        by House Committee on Appropriations (originally sponsored by Representatives Carlson, Radcliff, Mason, Kenney, Dunn, Talcott and Sullivan)

 

Changing higher education financial aid.

 

Referred to Committee on Higher Education.

 

SHB 1888          by House Committee on Trade and Economic Development (originally sponsored by Representatives Van Luven, Veloria, Dunn, McDonald, Alexander, Ballasiotes, Sheldon, Morris, Mason, Kastama, Wensman, Wolfe, Doumit, Hatfield, Thompson, Butler, Chandler, Kessler, Dickerson, Constantine, Ogden, Conway, Costa, Cole and O'Brien)

 

Creating the executive-legislative task force on international trade.

 

Referred to Committee on Commerce and Labor.

 

SHB 1934          by House Committee on Appropriations (originally sponsored by Representatives Koster, Ballasiotes, Hickel, Robertson, Mitchell, Dickerson, Cairnes, Regala, Delvin, Dunn and Blalock)

 

Specifying deductions from inmate funds.

 

Referred to Committee on Human Services and Corrections.

 

E2SHB 1969      by House Committee on Appropriations (originally sponsored by Representatives Chandler and Regala) (by request of Department of Health)

 

Regulating public water systems.

 

Referred to Committee on Agriculture and Environment.

 

SHB 1985          by House Committee on Appropriations (originally sponsored by Representatives Buck, Regala, Sump, Pennington, Sheldon, Hatfield, Anderson, Butler and Dyer)

 

Allowing for pilot project landscape management plans.

 

Referred to Committee on Natural Resources and Parks.

 

HB 1991            by Representatives Honeyford, McMorris and Clements

 

Modifying civil penalties for accident prevention program violations.

 

Referred to Committee on Commerce and Labor.

 

ESHB 2013        by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Regala, Schoesler, Linville, Johnson, Bush, McDonald, Mastin, Talcott, Delvin, Carrell, Smith, Koster, Sullivan, Kastama, Fisher, Conway, Cooper and Honeyford)

 

Developing an existing ground water right.

 

Referred to Committee on Agriculture and Environment.

 

ESHB 2038        by House Committee on Finance (originally sponsored by Representative B. Thomas)

 

Changing lodging tax authority.

 

Referred to Committee on Government Operations.

 

E2SHB 2046      by House Committee on Appropriations (originally sponsored by Representatives Cooke, Kessler and Boldt)

 

Creating foster parent liaison positions.

 

Referred to Committee on Human Services and Corrections.

 

HB 2074            by Representatives Alexander, Wolfe and Gardner

 

Making changes to the internal operations of counties.

 

Referred to Committee on Government Operations.

 

SHB 2077          by House Committee on Government Administration (originally sponsored by Representatives D. Schmidt, Scott and D. Sommers)

 

Providing uniform exemptions to competitive bidding procedures utilized by municipalities when awarding contracts for public works and contracts for purchases.

 

Referred to Committee on Government Operations.

 

HB 2084            by Representatives Cole and McMorris

 

Regulating vocational rehabilitation benefits.

 

Referred to Committee on Commerce and Labor.

 

SHB 2090          by House Committee on Higher Education (originally sponsored by Representatives Schoesler, Dyer, D. Sommers, Carrell, Linville, Sterk, Parlette and Doumit)

 

Establishing a community and technical college employees attendance incentive program.

 

Referred to Committee on Higher Education.

 

EHB 2093          by Representatives Boldt, McMorris, Lisk, Clements and Honeyford

 

Achieving consistency between state and federal family leave requirements.

 

Referred to Committee on Commerce and Labor.

 

SHB 2097          by House Committee on Financial Institutions and Insurance (originally sponsored by Representative L. Thomas)

 

Regulating the investment practices of insurance companies.

 

Referred to Committee on Financial Institutions, Insurance and Housing.

 

HB 2117            by Representatives McMorris and Conway

 

Lowering the rate of taxation for social card games.

 

Referred to Committee on Commerce and Labor.

 

SHB 2179          by House Committee on Education (originally sponsored by Representatives Hickel and Johnson)

 

Requiring open public meetings of local school boards regarding impasses in collective bargaining.

 

Referred to Committee on Education.

 

SHB 2180          by House Committee on Transportation Policy and Budget (originally sponsored by Representatives K. Schmidt, Radcliff, Mitchell, O'Brien and Robertson)

 

Establishing a state policy and program for freight mobility strategic investments.

 

Referred to Committee on Transportation.

 

HB 2197            by Representatives Huff, H. Sommers, Carlson, Wensman, Talcott, Clements, O'Brien, Hatfield, Cooke, Dickerson and Kessler

 

Creating the K-20 education technology revolving fund.

 

Referred to Committee on Ways and Means.

 

SHB 2237          by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Hankins, Mastin, DeBolt, Radcliff, Murray, O'Brien, Mitchell, Huff, K. Schmidt and Fisher)

 

Regulating telecommunications access to limited-access highway rights-of-way.

 

Referred to Committee on Energy and Utilities.

 

2SHB 2239        by House Committee on Appropriations (originally sponsored by Representative Sherstad)

 

Providing for conversion of nursing home bed capacity to enhanced residential care services.

 

Referred to Committee on Health and Long-Term Care.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Fraser, Gubernatorial Appointment No. 9194, Mary Helen Roberts, as a member of the Board of Trustees for Edmonds Community College District No. 23, was confirmed.

      Senators Fraser and Thibaudeau spoke to the confirmation of Mary Helen Roberts as a member of the Board of Trustees for Edmonds Community College District No. 23.


APPOINTMENT OF MARY HELEN ROBERTS


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43.      Absent: Senator Rasmussen - 1.            Excused: Senators Finkbeiner, Goings, Patterson, Prentice and West - 5.

MOTION


      On motion of Senator Franklin, Senator Rasmussen was excused.


MOTION


      On motion of Senator Fraser, Gubernatorial Appointment No. 9208, Chang Mook Sohn, as a member of the Higher Education Coordinating Board, was confirmed.

      Senators Fraser and McDonald spoke to the confirmation of Chang Mook Sohn as a member of the Higher Education Coordinating Board.


APPOINTMENT OF CHANG MOOK SOHN


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 45. Excused: Senators Finkbeiner, Prentice, Rasmussen and West - 4.

MOTION


      On motion of Senator Wood, Gubernatorial Appointment No. 9201, Gay V. Selby, as a member of the Higher Education Coordinating Board, was confirmed.

      Senators Wood, Snyder and Jacobsen spoke to the confirmation of Gay V. Selby as a member of the Higher Education Coordinating Board.


APPOINTMENT OF GAY V. SELBY


      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, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, 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, Winsley, Wojahn, Wood and Zarelli - 48.               Excused: Senator West - 1.SECOND READING

 

      SENATE BILL NO. 5354, by Senators Benton, Anderson, Rossi and Rasmussen 

 

Removing the commissioner of public lands and adding the secretary of state to the membership of the capitol committee.


      The bill was read the second time.

MOTION


      Senator Haugen moved that the following amendment by Senators Haugen, Rasmussen, Hale, Winsley, Swecker, Patterson, Goings, Prince, McCaslin, Prentice, Horn, Loveland and Snyder be adopted:

      Strike everything after the enacting clause and insert the following:     "Sec. 1. RCW 43.34.010 and 1979 ex.s. c 57 s 10 are each amended to read as follows:         The governor or the governor's designee, the lieutenant governor, the secretary of state, and the commissioner of public lands, ex officio, shall constitute the state capitol committee.      Sec. 2. RCW 43.34.015 and 1965 c 8 s 43.34.015 are each amended to read as follows:          The commissioner of public lands shall be the secretary of the state capitol committee, but the committee may appoint a suitable person as acting secretary thereof, and fix his or her compensation((: PROVIDED, That)). However, all records of the committee shall be filed in the office of the commissioner of public lands."      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Haugen, Rasmussen, Hale, Winsley, Swecker, Patterson, Goings, Prince, McCaslin, Prentice, Horn, Loveland and Snyder to Senate Bill No. 5354.

      The motion by Senator Haugen carried and the striking amendment was adopted.


MOTION


      On motion of Senator McCaslin, the rules were suspended, Engrossed Senate Bill No. 5354 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. 5354.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5354 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, 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, Winsley, Wojahn, Wood and Zarelli - 47.    Voting nay: Senator Heavey - 1.           Excused: Senator West - 1.    ENGROSSED SENATE BILL NO. 5354, 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. 5919, by Senators Roach, Winsley, Stevens, Zarelli, Wood, Schow and Oke

 

Authorizing a study of the special sex offender sentencing alternative.


MOTIONS


      On motion of Senator Roach, Substitute Senate Bill No. 5919 was substituted for Senate Bill No. 5919 and 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. 5919 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. 5919.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5919 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, Hale, 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, Winsley, Wojahn, Wood and Zarelli - 48.               Excused: Senator West - 1.    SUBSTITUTE SENATE BILL NO. 5919, 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. 5861, by Senators Roach, Schow and Oke

 

Authorizing exceeding maximum penalties for crimes involving firearms and deadly weapons.


MOTIONS


      On motion of Senator Roach, Substitute Senate Bill No. 5861 was substituted for Senate Bill No. 5861 and 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. 5861 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. 5861.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5861 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Winsley, Wood and Zarelli - 42.      Voting nay: Senators Jacobsen, Kline, Kohl, Prentice, Thibaudeau and Wojahn - 6.           Excused: Senator West - 1.    SUBSTITUTE SENATE BILL NO. 5861, 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. 5695, by Senators Roach, Long, Oke, Schow, Morton, Benton and Hochstatter

 

Increasing sentences for crimes involving firearms.


      The bill was read the second time.


MOTION


      On motion of Senator Roach, the rules were suspended, Senate Bill No. 5695 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. 5695.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5695 and the bill passed the Senate by the following vote:

Yeas, 39; Nays, 9; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Stevens, Strannigan, Swecker, Winsley, Wojahn, Wood and Zarelli - 39.               Voting nay: Senators Brown, Fairley, Franklin, Kline, Kohl, Prentice, Spanel, Swanson and Thibaudeau - 9.          Excused: Senator West - 1.    SENATE BILL NO. 5695, 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 9:23 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.


      The Senate was called to order at 1:01 p.m. by President Owen.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Hale, Gubernatorial Appointment No. 9203, David Shaw, as a member of the Higher Education Coordinating Board, was confirmed.

APPOINTMENT OF DAVID SHAW


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 5; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43.      Absent: Senators Finkbeiner, Hochstatter, McCaslin, Newhouse and Prince - 5.                 Excused: Senator West - 1.

SECOND READING


      SENATE BILL NO. 7900, by Senators Swecker, Fraser, Anderson, Rasmussen, Zarelli, Oke, Goings, Morton, Haugen, Hale, Spanel, Rossi, Johnson, Schow, Kohl, Sellar, Franklin, Horn, Kline, McAuliffe and Winsley

 

Implementing the model toxics control act policy advisory committee recommendations (Introduced with House sponsors).


      The bill was read the second time.

MOTIONS


      On motion of Senator Swecker, the following Committee on Agriculture and Environment amendment was adopted:

      On page 16, at the beginning of line 34, strike "(c)" and insert "(e)"     On motion of Senator Swecker, the rules were suspended, Engrossed Senate Bill No. 7900 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 Hale, Senators McCaslin and Prince were excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 7900.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 7900 and the bill passed the Senate by the following vote:

Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.   Absent: Senator Newhouse - 1.             Excused: Senators McCaslin and Prince - 2.         ENGROSSED SENATE BILL NO. 7900, 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. 5742, by Senators Wood, Winsley and West

 

Rescinding a retirement allowance agreement.


      The bill was read the second time.

MOTION


      On motion of Senator Wood, the rules were suspended, Senate Bill No. 5742 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. 5742.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5742 and the bill passed the Senate by the following vote:

Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.    Voting nay: Senator Johnson - 1.          Excused: Senator Prince - 1.  SENATE BILL NO. 5742, 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. 5877, by Senators Newhouse, Heavey, Snyder and Winsley

 

Limiting the right to assign lottery winnings.


      The bill was read the second time.

MOTION


      On motion of Senator Schow, the rules were suspended, Senate Bill No. 5877 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. 5877.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5877 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, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.          Excused: Senator Prince - 1.  SENATE BILL NO. 5877, 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. 5505, by Senators Morton, Rasmussen and Swecker

 

Directing the department of ecology to assist growing communities in securing safe and reliable water sources.


MOTIONS


      On motion of Senator Morton, Substitute Senate Bill No. 5505 was substituted for Senate Bill No. 5505 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 5505 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. 5505.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5505 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, 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 - 49.     SUBSTITUTE SENATE BILL NO. 5505, 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. 5077, by Senators Morton, Rasmussen, Newhouse and Loveland

 

Requiring integrated pest management.


MOTIONS


      On motion of Senator Morton, Substitute Senate Bill No. 5077 was substituted for Senate Bill No. 5077 and the substitute bill was placed on second reading and read the second time.

      Senator Fraser moved that the following amendment be adopted:

      On page 1, line 12 strike everything beginning with "methods" through "effectiveness" on page 2, line 7 and insert the following:      "science and methods to produce long-term prevention or suppression of pest problems in a cost-effective manner with minimum impact on human health, the environment, and non-target organisms, in order to avoid unacceptable damage to agency programs and property and to the health and welfare of the citizens of the state. The elements of integrated pest management include:                  (a) Preventing pest problems through sanitation, habitat modification, cultural techniques, and other methods;       (b) Monitoring for the presence of pests and pest damage;      (c) Establishing the density of the pest population, that may be set at zero, that can be tolerated or correlated with a damage level sufficient to warrant treatment of the problem based on health, public safety, economic, or aesthetic thresholds;      (d) Treating pest problems to reduce populations below those levels established by damage thresholds with physical, mechanical, cultural, biological, chemical, and educational methods to keep pest organisms numbers low enough to prevent unacceptable damage. Chemicals and all other pest suppression methods used within the framework of integrated pest management must be carefully evaluated for their health, environmental, and economic consequences, and for their effectiveness and reliability"    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 Senator Fraser on page 1, line 12, to Substitute Senate Bill No. 5077.

      The motion by Senator Fraser failed and the amendment was not adopted on a rising vote.


MOTION


      On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 5077 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. 5077.



ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5077 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 37.            Voting nay: Senators Brown, Fairley, Fraser, Heavey, Kline, Kohl, McAuliffe, Patterson, Prentice, Spanel, Swanson and Thibaudeau - 12.   SUBSTITUTE SENATE BILL NO. 5077, 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. 8408, by Senators Morton, Snyder, McDonald, Loveland, Haugen, Sellar, Prince, Rasmussen, Hochstatter, Bauer, Winsley, Newhouse, Hargrove, Hale, Anderson, Schow, Spanel, McCaslin, Stevens, Strannigan, Fraser, Franklin and Roach

 

Creating a water resource policy report to analyze and explain water resource statutes and rules.


MOTIONS


      On motion of Senator Morton, Substitute Senate Concurrent Resolution No. 8408 was substituted for Senate Concurrent Resolution No. 8408 and the substitute concurrent resolution was placed on second reading and read the second time.

      Senator Snyder moved that the following amendments be considered simultaneously and be adopted:

      On page 2, line 16, after "policy." strike all material down to and including "expert" on line 25, and insert "The chairs and ranking minority members, in consultation with the staff directors of senate committee services and the house office of program research, shall consider whether this project may be performed in a timely fashion by existing legislative staff and make a recommendation on that issue to the senate facilities and operations committee and the house executive rules committee. If the senate facilities and operations committee and the house executive rules committee find that the project cannot be finished in a timely fashion with existing legislative staff, the chairs and ranking minority members of the two committees shall agree upon and jointly submit a list of three recommended attorneys and three recommended consultants to the staff directors of senate committee services and the house office of program research. The staff directors shall jointly hire one attorney and one consultant from the lists to perform the project. The persons hired shall have extensive experience in water law and its implementation, and may not have served in the legislature within the last five years"          On page 2, line 26, strike "experts" and insert "attorney and consultant"         On page 2, line 33, strike "chairs will hire the two experts" and insert "attorney and consultant will be hired"      On page 2, line 34, strike “experts" and insert "attorney and consultant"              On page 2, line 38, strike "experts" and insert "attorney and consultant"  On page 3, line 1, strike "experts" and insert "attorney and consultant"            Debate ensued.

      Senator Sheldon 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 Snyder on page 2, lines 16, 26, 33, 34, and 38, and page 3, line 1, to Substitute Senate Concurrent Resolution No. 8408.


ROLL CALL


      The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 23.        Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.

MOTION


      On motion of Senator Morton, the rules were suspended, Substitute Senate Concurrent Resolution No. 8408 was advanced to third reading, the second reading considered the third and the concurrent resolution 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 Concurrent Resolution No. 8408.

ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Concurrent Resolution No. 8408 and the concurrent resolution passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.      Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 23.        SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8408, having received the constitutional majority, was declared passed.

SECOND READING


      SENATE BILL NO. 5120, by Senator Morton

 

Providing for fish enhancement with remote site incubators.


MOTIONS


      On motion of Senator Morton, Second Substitute Senate Bill No. 5120 was substituted for Senate Bill No. 5120 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Morton, the rules were suspended, Second Substitute Senate Bill No. 5120 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. 5120.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5120 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, 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.    Voting nay: Senator Fairley - 1.            SECOND SUBSTITUTE SENATE BILL NO. 5120, 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. 5442, by Senators Swecker, Loveland, Anderson, Stevens, Haugen, Prince, Hale, Franklin, Sheldon, Benton, Rasmussen and Zarelli

 

Permitting expedited flood damage repairs during flooding emergencies.


MOTIONS


      On motion of Senator Swecker, Second Substitute Senate Bill No. 5442 was substituted for Senate Bill No. 5442 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Swecker, the rules were suspended, Second Substitute Senate Bill No. 5442 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 Second Substitute Senate Bill No. 5442.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5442 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, 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, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.          Voting nay: Senator Swanson - 1.         SECOND SUBSTITUTE SENATE BILL NO. 5442, 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. 5725, by Senators Swecker and McDonald


      Changing provisions relating to reclaimed water.

MOTIONS


      On motion of Senator Swecker, Substitute Senate Bill No. 5725 was substituted for Senate Bill No. 5725 and the substitute bill was placed on second reading and read the second time.

      Senator Hargrove moved that the following amendment by Senators Hargrove, Morton, Swecker and Fraser be adopted:

      On page 1, after line 16, insert the following:        "NEW SECTION. Sec. 3. A new section is added to chapter 90.46 RCW to read as follows:                         Facilities that reclaim water under this chapter shall not impair any existing water right unless compensation or mitigation for such impairment is agreed to by the holder of the affected water right."               Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove, Morton, Swecker and Fraser on page 1, after line 16, to Substitute Senate Bill No. 5725.

      The motion by Senator Hargrove carried and the amendment was adopted.


MOTIONS


      On motion of Senator Swecker, the following title amendment was adopted:

      On page 1, line 1 of the title, after "adding" strike "a new section" and insert "new sections"              On motion of Senator Swecker, the rules were suspended, Engrossed Substitute Senate Bill No. 5725 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. 5725.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5725 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, 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 - 49.     ENGROSSED SUBSTITUTE SENATE BILL NO. 5725, 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. 5782, by Senators Swecker, Haugen, Rasmussen and Fraser

 

Changing bidding for water-sewer districts.


MOTIONS


      On motion of Senator Swecker, Substitute Senate Bill No. 5782 was substituted for Senate Bill No. 5782 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Swecker, the rules were suspended, Substitute Senate Bill No. 5782 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. 5782.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5782 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, 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.    Absent: Senator Loveland - 1.               SUBSTITUTE SENATE BILL NO. 5782, 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. 5783, by Senators Swecker, Haugen, Anderson, Rasmussen and Morton

 

Changing provisions relating to public water systems.


MOTIONS


      On motion of Senator Swecker, Substitute Senate Bill No. 5783 was substituted for Senate Bill No. 5783 and the substitute bill was placed on second reading and read the second time.

      Senator Fraser moved that the following amendments be considered simultaneously and be adopted:

      On page 3, line 7 after "(2)" insert "Except as provided in (b) of this subsection,"                On page 3, after line 22 insert the following:      "(b) Where the application to beneficial use by a public water system of the total amounts of water under (a) of the subsection includes additional withdrawals not made prior to the adoption of minimum flows adopted by rule for the water source, and the withdrawal would have a substantial, direct and detrimental affect upon meeting such minimum flows, the additional amount considered to be applied to beneficial use may be conditioned by the department, in consultation with the public water system, to ensure that such minimum flows are not adversely affected b the additional withdrawal."          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 amendments by Senator Fraser on page 3, lines 7 and 22. to Substitute Senate Bill No. 5783.

      The motion by Senator Fraser failed and the amendments were not adopted on a rising vote.


MOTION


      On motion of Senator Swecker, the rules were suspended, Substitute Senate Bill No. 5783 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. 5783.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5783 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 15; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 34.         Voting nay: Senators Brown, Fairley, Franklin, Fraser, Jacobsen, Kline, Kohl, McAuliffe, Patterson, Prentice, Sheldon, Spanel, Swanson, Thibaudeau and Wojahn - 15.           SUBSTITUTE SENATE BILL NO. 5783, 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. 5851, by Senators Morton, Rasmussen, Oke and Winsley

 

Developing an existing ground water right.


MOTIONS


      On motion of Senator Morton, Substitute Senate Bill No. 5851 was substituted for Senate Bill No. 5851 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 5851 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 Thibaudeau: “Senator Fraser, my understanding is that the party who's right is impaired must go to court to enforce, as the Department of Ecology has no involvement in this. What kind of a burden does this place on the injured party?”

      Senator Fraser: “Senator Thibaudeau, I will have to do some quick research on that and get back to you. Thank you.”

       The President declared the question before the Senate to be the roll call on the final passed of Substitute Senate Bill No. 5851.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5851 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.    Voting nay: Senator Newhouse - 1.       SUBSTITUTE SENATE BILL NO. 5851, 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. 5179, by Senators Deccio, Prentice and Wood

 

Correcting inequities in the nursing facility reimbursement system.


MOTIONS


      On motion of Senator West, Second Substitute Senate Bill No. 5179 was substituted for Senate Bill No. 5179 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator West, the rules were suspended, Second Substitute Senate Bill No. 5179 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 passed of Second Substitute Senate Bill No. 5179.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5179 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, 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 - 49.     SECOND SUBSTITUTE SENATE BILL NO. 5179, 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. 5208, by Senators Morton, Loveland, Newhouse, Rasmussen, Swecker, Hochstatter and Hale

 

Detailing how to handle environmental complaints.

MOTIONS

      On motion of Senator Morton, Substitute Senate Bill No. 5208 was substituted for Senate Bill No. 5208 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 5208 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. 5208.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5208 and the bill passed the Senate by the following vote:

Yeas, 33; Nays, 16; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 33.         Voting nay: Senators Brown, Fairley, Finkbeiner, Franklin, Fraser, Heavey, Kline, Kohl, Loveland, Patterson, Prentice, Sheldon, Spanel, Swanson, Thibaudeau and Wojahn - 16.          SUBSTITUTE SENATE BILL NO. 5208, 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 3:10 p.m., on motion of Senator Johnson, the Senate recessed until 4:00 p.m.


      The Senate was called to order at 4:11 p.m. by President Owen.

MOTION

      On motion of Senator Johnson, the Senate commenced consideration of Senate Bill No. 5965.

SECOND READING

      SENATE BILL NO. 5965, by Senators Schow, Horn, Anderson, Heavey and Franklin

Providing for changes in agency experience ratings for industrial insurance.

MOTIONS

      On motion of Senator Schow, Substitute Senate Bill No. 5965 was substituted for Senate Bill No. 5965 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 5965 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. 5965.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5965 and the bill passed the Senate by the following vote:

Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, 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 - 49.     SUBSTITUTE SENATE BILL NO. 5965, 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 reverted to the third order of business.

      EDITOR'S NOTE: The Governor's Veto Message of Engrossed Senate Bill No. 7902 was read in March 7, 1997.

MOTION

      Senator Johnson moved that the Senate pass Engrossed Senate Bill No. 7902, notwithstanding the Governor's Veto.








      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 7902 notwithstanding the Governor's Veto.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 7902 notwithstanding the Governor's Veto and the bill having failed to receive two-thirds vote of the members present failed to pass by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.      Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 23.        ENGROSSED SENATE BILL NO. 7902, notwithstanding the Governor's Veto, having failed to receive the constitutional two-thirds vote of the members present, was declared lost.

MOTION


      Senator Snyder moved that the Senate advance to the ninth order of business and that the Committee on Ways and Means be relieved of further consideration of Senate Bill No. 6024.

      Debate ensued.

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

      The President declared the question before the Senate to be the motion by Senator Snyder to advance to the ninth order of business.


MOTION


      The Secretary called the roll and the motion to advance to the ninth order failed by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 23.        Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.

MOTION


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


SECOND READING


      SENATE BILL NO. 5227, by Senators Deccio, Franklin, Patterson, Prentice, Benton, Wojahn and Long

 

Regulating the sales of nonprofit hospitals.

MOTIONS


      On motion of Senator Deccio, Substitute Senate Bill No. 5227 was substituted for Senate Bill No. 5227 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Deccio, the rules were suspended, Substitute Senate Bill No. 5227 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. 5227.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5227 and the bill passed the Senate by the following vote:

Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, 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 - 49.     SUBSTITUTE SENATE BILL NO. 5227, 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 Franklin, Senator Fairley was excused.


SECOND READING


      SENATE BILL NO. 5797, by Senators Benton and Haugen (by request of Department of Licensing)

 

Regulating the issuance and cost of permits and certificates issued by the department of licensing.


      The bill was read the second time.


MOTION


      On motion of Senator Benton, the rules were suspended, Senate Bill No. 5797 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. 5797.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5797 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, Finkbeiner, Franklin, Fraser, Goings, Hale, 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 Fairley - 1.                 SENATE BILL NO. 5797, 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. 5230, by Senators Rossi, Haugen, McCaslin, McDonald and Hale

 

Revising current use taxation provisions.


MOTIONS


      On motion of Senator Rossi, Substitute Senate Bill No. 5230 was substituted for Senate Bill No. 5230 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Rossi, the rules were suspended, Substitute Senate Bill No. 5230 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. 5230.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5230 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, Finkbeiner, Franklin, Fraser, Goings, Hale, 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 Fairley - 1.                 SUBSTITUTE SENATE BILL NO. 5230, 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. 5740, by Senators Hargrove, Schow, Snyder, Morton, Hale, Prentice, Heavey, West, McDonald, Swanson, Spanel and Rasmussen

 

Assisting distressed rural counties.

MOTIONS


      On motion of Senator Hargrove, Second Substitute Senate Bill No. 5740 was substituted for Senate Bill No. 5740 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Hargrove, the rules were suspended, Second Substitute Senate Bill No. 5740 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 Second Substitute Senate Bill No. 5740.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5740 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, 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 - 49.     SECOND SUBSTITUTE SENATE BILL NO. 5740, 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. 5512, by Senators Stevens, Hargrove, Benton, Haugen, Strannigan, Hochstatter, Rasmussen, Schow and Oke

 

Prohibiting requiring the admission of guilt to receive treatment in child abuse and neglect.


MOTIONS


      On motion of Senator Long, Substitute Senate Bill No. 5512 was substituted for Senate Bill No. 5512 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 5512 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. 5512.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5512 and the bill passed the Senate by the following vote:

Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, 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.    Absent: Senator Brown - 1.   SUBSTITUTE SENATE BILL NO. 5512, 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. 5666, by Senators Schow, Prentice, Roach, Patterson, Goings, Swecker, Newhouse, Benton, Bauer, Horn, Loveland, Finkbeiner, Wood, Wojahn, Sellar, Rasmussen and Anderson

 

Regulating smoking in the workplace.


MOTIONS


      On motion of Senator Schow, Substitute Senate Bill No. 5666 was substituted for Senate Bill No. 5666 and the substitute bill was placed on second reading and read the second time.

      Senator Franklin moved that the following amendment be adopted:

      On page 2, line 4, after "room." insert the following:             "NEW SECTION. Sec. 2. A new section is added to chapter 43.05 RCW to read as follows:  (1) For the 1997 biennium, in its educational programs set out in RCW 43.05.130, the department of labor and industries shall target at least 300 businesses affected by its rules regarding environmental smoke in office work environments. Businesses located in high rises or in high crime districts shall have the first priority."         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 Franklin on page 2, line 4, to Substitute Senate Bill No. 5666.

`     The motion by Senator Franklin failed and the amendment was not adopted.


MOTION


      Senator Fraser moved that the following amendment be adopted:

      On page 2, after line 8, strike all of section three.  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 Senator Fraser on page 2, after line 8, to Substitute Senate Bill No. 5666.

      The motion by Senator Fraser carried and the amendment was adopted.


MOTIONS


      On motion of Senator Schow, the following title amendment was adopted:

      On page 1, on line 2 of the title, after "workplace;" strike the rest of the title and insert "and adding new sections to chapter 49.17 RCW."      On motion of Senator Schow, the rules were suspended, Engrossed Substitute Senate Bill No. 5666 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. 5666.



ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5666 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Haugen, Heavey, Hochstatter, Horn, Johnson, Loveland, McCaslin, McDonald, Newhouse, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Snyder, Stevens, Strannigan, Swecker, Wojahn, Wood and Zarelli - 27. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Jacobsen, Kline, Kohl, Long, McAuliffe, Morton, Oke, Prince, Sheldon, Spanel, Swanson, Thibaudeau, West and Winsley - 22.           ENGROSSED SUBSTITUTE SENATE BILL NO. 5666, 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. 5927, by Senators Wood, Bauer, Winsley, Kohl, Sheldon, Hale, Prince, Patterson and West

 

Changing higher education financing.


MOTIONS


      On motion of Senator Wood, Second Substitute Senate Bill No. 5927 was substituted for Senate Bill No. 5927 and the second substitute bill was placed on second reading and read the second time.

      Senator Kohl moved that the following amendments by Senators Kohl, Wood, Prince and Bauer be considered simultaneously and be adopted:

      On page 5, line 19, strike "ten and six-tenths percent per year through academic year 2002-03" and insert "seven and three-tenths percent per year through academic year 2005-06"    On page 5, line 26, strike "ten and eight-tenths percent per year through academic year 2000-01" and insert "seven and four-tenths percent per year through academic year 2002-03"   Debate ensued

      The President declared the question before the Senate to be the adoption of the amendments by Senators Kohl, Wood, Prince and Bauer on page 5, lines 19 and 26, to Second Substitute Senate Bill No. 5927.

`     The motion by Senator Kohl carried and the amendments were adopted.


MOTION


      Senator Kohl moved that the following amendment by Senators Kohl, Wood, Prince and Bauer be adopted:

      On page 5, after line 31, insert the following subsection:       "(6) (a) At least ten percent of the revenue received from the difference in rates for tuition fees for students enrolled in programs leading to the degree of juris doctor and students enrolled in graduate study programs shall be used to assist needy resident students enrolled in programs leading to the degree of juris doctor.          (b) At least ten percent of the revenue received from the difference in rates for tuition fees for students enrolled in programs leading to a masters of business administration at the University of Washington and graduate study programs shall be used to assist needy resident students enrolled in programs leading to the degree of masters of business administration at the University of Washington.      (c) This requirement is in addition to the deposit requirements of the institutional financial aid fund under RCW 28B.15.820."            Renumber the remaining subsections consecutively              Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Kohl, Wood, Prince and Bauer on page 5, after line 31, to Second Substitute Senate Bill No. 5927.

      The motion by Senator Kohl carried and the amendment was adopted.


MOTION


      Senator Swanson moved that the following amendment be adopted:

      On page 10, after line 13, insert the following:      "Sec. 7. RCW 28B.15.620 and 1995 c 349 s 1 are each amended to read as follows:      (1) The legislature finds that military and naval veterans who have served their country in wars on foreign soil have risked their own lives to defend both the lives of all Americans and the freedoms that define and distinguish our nation. The legislature also finds that veterans of the Vietnam conflict suffered during and after the war as the country anguished over its involvement in the conflict. It is the intent of the legislature to honor Vietnam veterans for the public service they have provided to their country. It is the further intent of the legislature that, for eligible Vietnam veterans, colleges and universities waive tuition and fee increases that have occurred since October 1, 1977.      (2) Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges ((may)) shall exempt veterans of the Vietnam conflict who have served in the southeast Asia theater of operations from the payment of all or a portion of any increase in tuition and fees that occur after October 1, 1977, if the veteran qualifies as a resident student under RCW 28B.15.012.             (3) For the purposes of this section, "veterans of the Vietnam conflict" shall be those persons who have been on active federal service as a member of the armed military or naval forces of the United States between a period commencing August 5, 1964, and ending on May 7, 1975.          (4) ((This section shall expire June 30, 1999)) Institutions of higher education may apply to the legislature for a supplemental appropriation to cover the costs for serving any student for whom the institution of higher education is required to provide an exemption under this section.               Sec. 8. RCW 28B.15.628 and 1996 c 169 s 1 are each amended to read as follows:  (1) The legislature finds that military and naval veterans who have served their country in wars on foreign soil have risked their own lives to defend both the lives of all Americans and the freedoms that define and distinguish our nation. It is the intent of the legislature to honor Persian Gulf combat zone veterans for the public service they have provided to their country. It is the further intent of the legislature that, for eligible Persian Gulf combat zone veterans, institutions of higher education waive tuition and fee increases that have occurred after the 1990-91 academic year.          (2) Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges may exempt veterans of the Persian Gulf combat zone from all or a portion of increases in tuition and fees that occur after the 1990-91 academic year, if the veteran could have qualified as a Washington resident student under RCW 28B.15.012(2), had he or she been enrolled as a student on August 1, 1990.              (3) For the purposes of this section, "a veteran of the Persian Gulf combat zone" means a person who served on active duty in the armed forces of the United States during any portion of the 1991 calendar year in the Persian Gulf combat zone as designated by executive order of the president of the United States.      (((4) This section expires June 30, 1999.))"           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 Swanson on page 10, after line 13, to Second Substitute Senate Bill No. 5927.

      The motion by Senator Swanson failed and the amendment was not adopted on a rising vote.


MOTION


      On motion of Senator Wood, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5927 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5927.

ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5927 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hochstatter, Horn, 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 - 42.      Voting nay: Senators Benton, Brown, Goings, Hargrove, Haugen, Heavey and Jacobsen - 7.             ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5927, 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 6:06 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.


      The Senate was called to order at 6:52 p.m. by President Owen.


SECOND READING


      SENATE BILL NO. 5991, by Senators Horn, Haugen and Patterson (by request of Secretary of State Munro)

 

Providing for the quality awards council.


      The bill was read the second time.


MOTION


      On motion of Senator Horn, the rules were suspended, Senate Bill No. 5991 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. 5991.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5991 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, 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, Winsley, Wojahn, Wood and Zarelli - 48.               Absent: Senator West - 1.      SENATE BILL NO. 5991, 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. 5915, by Senators Anderson, Hale, Bauer and Stevens

Allowing counties planning under the growth management act to establish industrial land banks as permissable urban growth outside of an urban growth area.


      The bill was read the second time.


MOTION


      Senator Anderson moved that the following amendment by Senators Anderson and Bauer be adopted:

      Strike everything after the enacting clause and insert the following:     "Sec. 1. RCW 36.70A.367 and 1996 c 167 s 2 are each amended to read as follows:  (1) In addition to the major industrial development allowed under RCW 36.70A.365, a county required or choosing to plan under RCW 36.70A.040 ((that has a population greater than two hundred fifty thousand and that is part of a metropolitan area that includes a city in another state with a population greater than two hundred fifty thousand)) may establish, in consultation with cities consistent with provisions of RCW 36.70A.210, a process for designating ((a)) industrial land banks of no more than two ((master planned locations for major industrial activity outside)) noncontiguous locations, which may include multiple development sites, as permissible urban growth outside of urban growth areas. The industrial land bank location must be characterized by: (a) Some existing industrial or commercial development or must be adjacent to an area characterized by such development; or (b) a unique physical or locational characteristic that supports its designation as an industrial land bank.             (2) ((A master planned location for major industrial developments outside an urban growth area may be included in the urban)) "Industrial land bank" means a location designated for one or more manufacturing, industrial, commercial, or high-technology businesses, related office uses, and incidental retail or commercial uses designed to serve or support the industrial land bank, that requires a location with characteristics such as size or proximity to transportation facilities, natural resources, or related industries, such that the county finds there is no suitable location in an existing urban growth area. The industrial land bank shall not be for the purpose of retail commercial development or multiple tenant office parks.            (3) In order to designate an industrial land bank, the county must make findings that: (a) An inventory has been conducted and there is no suitable location available for the industrial land bank within an existing urban growth area; (b) the establishment of the industrial land bank is important to achieving documented economic development goals, policies, or plans of the county or state; and (c) the necessary infrastructure to support the industrial land bank is available or can be provided by private or public sources in a reasonable manner and time frame.           (4) Development in an industrial land bank ((for the county if criteria including, but not limited to, the following are met)) must address the following:   (a) ((New)) Infrastructure is provided for and/or applicable impact fees are paid;      (b) ((Transit-oriented site planning)) Transportation impacts are addressed and traffic demand management programs are implemented where appropriate;        (c) Buffers are provided between the ((major)) industrial ((development)) land bank and adjacent nonurban areas;      (d) Environmental protection including air and water quality has been addressed and provided for;    (e) Development regulations are established to ensure that urban growth will not occur in adjacent nonurban areas;     (f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands; and                (g) The plan for the ((major)) industrial development is consistent with the county's development regulations established for protection of critical areas((; and     (h) An inventory of developable land has been conducted as provided in RCW 36.70A.365)).              (((3) In selecting master planned locations for inclusion in the urban industrial land bank, priority shall be given to locations that are adjacent to, or in close proximity to, an urban growth area.    (4))) (5) Final approval of ((inclusion of a master planned location in the urban)) an industrial land bank shall be ((considered)) through adoption of the comprehensive plan or an adopted amendment to the comprehensive plan adopted pursuant to RCW 36.70A.070, except that RCW 36.70A.130(2) does not apply so that inclusion or exclusion of ((master planned)) industrial land bank locations may be considered at any time.          (((5))) Once ((a master planned location)) an industrial land bank has been ((included in the urban industrial land bank, manufacturing and industrial)) approved, businesses that the local jurisdiction determines qualify ((as major industrial development)) under ((RCW 36.70A.365)) subsection (2) of this section may be located there.        (6) Nothing in this section may be construed to alter the requirements for a county to comply with chapter 43.21C RCW.    (((7) The authority of a county to engage in the process of including or excluding master planned locations from the urban industrial land bank shall terminate on December 31, 1998. However, any location included in the urban industrial land bank on December 31, 1998, shall remain available for major industrial development as long as the criteria of subsection (2) of this section continue to be met.      (8) For the purposes of this section, "major industrial development" means a master planned location suitable for manufacturing or industrial businesses that: (a) Requires a parcel of land so large that no suitable parcels are available within an urban growth area; or (b) is a natural resource-based industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent. The major industrial development may not be for the purpose of retail commercial development or multitenant office parks.))"               Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Anderson and Bauer to Senate Bill No. 5915.

      The motion by Senator Anderson carried and the striking amendment was adopted.


MOTIONS


      On motion of Senator Anderson, the following title amendment was adopted:

      On page 1, line 1 of the title, after "banks;" strike the remainder of the title and insert "and amending RCW 36.70A.367."      On motion of Senator Anderson, the rules were suspended, Engrossed Senate Bill No. 5915 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. 5915.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5915 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 30.  Voting nay: Senators Brown, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Spanel, Swanson and Thibaudeau - 19.   ENGROSSED SENATE BILL NO. 5915, 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. 5744, by Senators Hale, Anderson, Haugen, Deccio, West and Oke

 

Extending the time for legislative review of agency rules.


      The bill was read the second time.

MOTION


      Senator Hale moved that the following amendment by Senators Hale, Sheldon and Fraser be adopted:

      On page 3, after line 34, strike "((within forty-five days of receiving the notice of proposed rule making under RCW 34.05.320))" and insert "within ((forty-five)) one hundred eighty days of receiving the notice of proposed rule making under RCW 34.05.320."          Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Hale, Sheldon and Fraser on page 3, after line 34, to Senate Bill No. 5744.

      The motion by Senator Hale carried and the striking amendment was adopted.


MOTION


      On motion of Senator Hale, the rules were suspended, Engrossed Senate Bill No. 5744 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. 5744.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5744 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, 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 - 49.     ENGROSSED SENATE BILL NO. 5744, 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. 5255, by Senators Swecker, Hargrove, Zarelli, Stevens, Hochstatter, Morton, Schow, Roach, Anderson, Benton and Oke

 

Establishing notification of parent or legal guardian prior to abortion by a minor.


      The bill was read the second time.

MOTION


      Senator Snyder moved that Senate Bill No. 5255 be deferred for one bill.


MOTION

 

Senator Johnson moved that the motion by Senator Snyder to defer further consideration of Senate Bill No. 5255 be laid upon the table. Senator Snyder demanded a roll call and the demand was sustained.

      The President declared the question before the Senate to be the motion by Senator Johnson to lay the motion of Senator Snyder to defer further consideration of Senate Bill No. 5255 for one bill.


ROLL CALL


      The Secretary called the roll and the motion by Senator Johnson to lay the motion by Senator Snyder on the table carried by the following vote: Yeas, 26; Nays, 22; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.      Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 22.           Absent: Senator Rasmussen - 1.MOTION


      On motion of Senator Johnson, further consideration of Senate Bill No. 5255 was deferred.


MOTION


      On motion of Senator Hale, Senator McDonald was excused.


SECOND READING


      SENATE BILL NO. 5560, by Senators Schow, Prentice, Snyder, Anderson and Horn

 

Changing social card game provisions.


MOTIONS


      On motion of Senator Schow, Substitute Senate Bill No. 5560 was substituted for Senate Bill No. 5560 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 5560 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. 5560.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5560 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, West, Winsley, Wojahn, Wood and Zarelli - 44.      Voting nay: Senators Hargrove, Haugen, Swecker and Thibaudeau - 4.               Excused: Senator McDonald - 1.           SUBSTITUTE SENATE BILL NO. 5560, 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 Goings, Senator Rasmussen was excused.


SECOND READING


      SENATE BILL NO. 5842, by Senators Swecker, Winsley and Fraser

 

Pertaining to litter control and recycling.

MOTIONS


      On motion of Senator West, Second Substitute Senate Bill No. 5842 was substituted for Senate Bill No. 5842 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator West, the rules were suspended, Second Substitute Senate Bill No. 5842 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. 5842.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5842 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.      Voting nay: Senators Kline, Patterson and Swanson - 3.      Absent: Senator Horn - 1.      Excused: Senators McDonald and Rasmussen - 2. SECOND SUBSTITUTE SENATE BILL NO. 5842, 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.


PERSONAL PRIVILEGE


      Senator Bauer: “A point of personal privilege, Mr. President. Earlier you announced, the Super Sonics and the Bulls, I would like to ask the President what the score is between the Portland Trail Blazers and the Sacramental Kings, at this point?”

      Debate ensued.

SECOND READING


      SENATE BILL NO. 5657, by Senator Strannigan

 

Authorizing the director of general administration to enter into leases of up to ten years without a review by the office of financial management.


      The bill was read the second time.

MOTIONS


      On motion of Senator Strannigan, the following amendments were considered simultaneously and were adopted:

      On page 2, line 24, after "(4)" insert "Except as permitted under chapter 39.94 RCW, no lease for or on behalf of any state agency may be used or referred to as collateral or security for the payment of securities offered for sale through a public offering. Except as permitted under chapter 39.94 RCW, no lease for or on behalf of any state agency may be used or referred to as collateral or security for the payment of securities offered for sale through a private placement without the prior written approval of the state treasurer. However, this limitation shall not prevent a lessor from assigning or encumbering its interest in a lease as security for the repayment of a promissory note provided that the transaction would otherwise be an exempt transaction under RCW 21.20.320. The state treasurer shall adopt rules that establish the criteria under which any such approval may be granted. In establishing such criteria the state treasurer shall give primary consideration to the protection of the state's credit rating and the integrity of the state's debt management program. If it appears to the state treasurer that any lease has been used or referred to in violation of this subsection or rules adopted under this subsection, then he or she may recommend that the governor cause such lease to be terminated. The department of general administration shall promptly notify the state treasurer whenever it may appear to the department that any lease has been used or referred to in violation of this subsection or rules adopted under this subsection.

      (5)"              On page 2, line 29, strike "(5)" and insert "(((5))) (6)"      On page 3, line 7, strike "(6)" and insert "(((6))) (7)"      On page 3, line 17, strike "(7)" and insert "(((7))) (8)"           On page 3, line 20, after "or" strike "(6)" and insert "(((6))) (7)"      On page 3, line 30, strike "(8)" and insert "(((8))) (9)"           On page 3, line 36, strike "(9)" and insert "(((9))) (10)"         On page 4, line 6, strike "(10)" and insert "(((10))) (11)"          On page 4, line 12, strike "(11)" and insert "(((11))) (12)"     On page 4, line 15, strike "(12)" and insert "(((12))) (13)"      On page 4, line 25, strike "(13)" and insert "(((13))) (14)"     On motion of Senator Strannigan, the rules were suspended, Engrossed Senate Bill No. 5657 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Hale, Senator Horn was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5657.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5657 and the bill passed the Senate by the following vote:

Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.                    Absent: Senator Hochstatter - 1.       Excused: Senators Horn, McDonald and Rasmussen - 3.      ENGROSSED SENATE BILL NO. 5657, 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. 5760, by Senators Long, Hargrove, Franklin, Deccio, Thibaudeau, Winsley and Kohl

 

Authorizing courts to order evaluation and treatment of mentally ill offenders.


MOTIONS


      On motion of Senator Long, Substitute Senate Bill No. 5760 was substituted for Senate Bill No. 5760 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 5760 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. 5760.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5760 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, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.    Excused: Senator Rasmussen - 1.          SUBSTITUTE SENATE BILL NO. 5760, 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.


INTRODUCTION OF SPECIAL GUEST


      President Owen introduced his mother, who was seated on the rostrum.


SECOND READING


      SENATE BILL NO. 5827, by Senators Roach, Haugen and Long

 

Collecting the cost of governmental entities using collection agencies.


MOTIONS


      On motion of Senator McCaslin, Substitute Senate Bill No. 5827 was substituted for Senate Bill No. 5827 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5827 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. 5827.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5827 and the bill passed the Senate by the following vote:

Yeas, 41; Nays, 7; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 41.          Voting nay: Senators Brown, Franklin, Kline, McAuliffe, Patterson, Prentice and Swanson - 7.               Excused: Senator Rasmussen - 1.          SUBSTITUTE SENATE BILL NO. 5827, 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. 6006, by Senators Finkbeiner and Rossi

 

Relating to restructuring the electric utility industry.

MOTION


      On motion of Senator Finkbeiner, Substitute Senate Bill No. 6006 was substituted for Senate Bill No. 6006 and the substitute bill was placed on second reading and read the second time.


PARLIAMENTARY INQUIRY


      Senator Jacobsen: “A parliamentary inquiry, Mr. President. There are two striking amendments and I was wondering which one would be the first one.?”

REPLY BY THE PRESIDENT


      President Owen: “The striking amendment by Senators Finkbeiner and Rossi.”


MOTION


      Senator Finkbeiner moved that the following amendment by Senators Finkbeiner and Rossi be adopted:

      Strike everything after the enacting clause and insert the following:     "NEW SECTION. Sec. 1. FINDINGS AND INTENT. (1) The legislature finds that:     (a) The electric utility industry is undergoing fundamental change as a result of federal legislation and regulatory decisions that require utilities to provide other users with nondiscriminatory access to transmission lines.                (b) It is in the interest of all Washington consumers to develop a state-wide framework that is compatible with federal developments. The goal of this new structure is to provide competitive electricity service, while maintaining existing reliability, to all of the state's residents and businesses.      (c) The state should take the first steps toward providing an orderly transition to more competitive markets for electricity.      (2) The legislature intends to:      (a) Require electric utilities to separately account for their generation, transmission, and distribution assets and operations;      (b) Require that bills for retail electric customers contain new price information; and          (c) Require new market entrants that are not existing electric utilities in the state to register with the utilities and transportation commission.                NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.    (1) "Commission" means the utilities and transportation commission.      (2) "Consumer-owned utility" means an electric cooperative formed under chapter 23.86 RCW, an irrigation district formed under chapter 87.03 RCW that sells electricity to retail electric customers, a municipal electric utility formed under Title 35 RCW, a mutual corporation or association formed under chapter 24.06 RCW that sells electricity to retail electric customers, or a public utility district formed under Title 54 RCW.                (3) "Control area services" means reactive power, spinning reserves, voltage control and regulation, and other related services necessary to sustain reliable delivery of electricity to a retail electric customer.      (4) "Delivery services" means the services needed to deliver electricity to a retail electric customer using the transmission, distribution, and other facilities of an electrical company or consumer-owned utility.           (5) "Electrical company" means a company owned by investors that meets the definition of RCW 80.04.010.      (6) "Electricity" means electric energy, measured in kilowatt hours, or electric capacity, measured in kilowatts, or both.     (7) "Electricity service supplier" means any person or entity that sells electricity to more than one retail electric customer, including but not limited to an electrical company, consumer-owned utility, aggregator, power marketer, broker, or independent power producer. The Bonneville power administration, established pursuant to 16 U.S.C. Sec. 832 et seq., or its successor, is not an electricity service supplier for purposes of this chapter.            (8) "Governing body" means the board of directors, the council of a city or town, or the commissioners of an electric cooperative, irrigation district, municipal electric utility, mutual association, or public utility district, respectively, that has the authority to set and approve rates.             (9) "Joint operating agency" means an agency organized pursuant to chapter 43.52 RCW.      (10) "Retail electric customer" means any person or entity, including but not limited to residential, commercial, and industrial consumer, that purchases electricity for ultimate consumption and not for resale.        (11) "Small consumer-owned utility" means any consumer-owned utility with twenty-five thousand or fewer meters in service or that has an average of seven or fewer customers per mile of distribution line.      NEW SECTION. Sec. 3. SEPARATE ACCOUNTING REQUIREMENTS. No later than September 1, 1998, every consumer-owned utility and electrical company shall: (1) Separately account for generation, transmission, and distribution assets and operations, according to the costs contributed by each class of customers, to facilitate the accurate assessment of the costs of such functions; and (2) restate its published rates into at least the following rate elements: Electricity; delivery services; and control area services.     NEW SECTION. Sec. 4. DISCLOSURE TO CONSUMERS. No later than October 1, 1998, every consumer-owned utility, electrical company, or electricity service supplier shall provide on a regular basis the following information to its retail electric customers: (1) A complete and accurate list of the rates for each service or product set forth in section 3(2) of this act that the customer is purchasing; (2) the rates of state and local electricity taxes, if any, paid by the customer; and (3) other price information necessary to facilitate customer choice, as determined by the commission for electrical companies and electricity service suppliers, pursuant to rules adopted under RCW 80.04.160, or by the governing body of each consumer-owned utility.               NEW SECTION. Sec. 5. SMALL UTILITIES. Small consumer-owned utilities are not required to comply with sections 3 and 4 of this act until January 1, 1999.                 Sec. 6. RCW 80.28.075 and 1988 c 166 s 2 are each amended to read as follows:              Upon request by a natural gas company or an electrical company, the commission may approve a tariff that includes banded rates for any ((nonresidential)) natural gas or electric service that is subject to effective competition from energy suppliers not regulated by the utilities and transportation commission. "Banded rate" means a rate that has a minimum and maximum rate. Rates may be changed within the rate band upon such notice as the commission may order.           NEW SECTION. Sec. 7. Captions used in this act are not part of the law.      NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.            NEW SECTION. Sec. 9. Sections 1 through 5 of this act constitute a new chapter in Title 80 RCW."

PARLIAMENTARY INQUIRY


      Senator Snyder: “A point of parliamentary inquiry, Mr. President. If the body adopts the striking amendment by Senators Finkbeiner and Rossi, what will the status of the striking amendment by Senators Brown and Jacobsen be?”


REPLY BY THE PRESIDENT


      President Owen: “Senator Snyder, it would be the ruling of the Chair, that the first striking amendment would be an amendment to the bill. The second striker would be an amendment to the striking amendment and, therefore, you could have an amendment to the amendment and handle the second striker as well.”

      Senator Snyder: “Your ruling ruled that the striking amendment by Senators Brown and Jacobsen can be offered as an amendment to the amendment?”

      President Owen: “That is correct.”

      Senator Snyder: “I think that is probably what the sponsors of the amendment would like to do then.”

      President Owen. “Yes, Senator, that would be correct.”


PARLIAMENTARY INQUIRY


      Senator West: “A parliamentary inquiry, Mr. President. The striking amendment by Senators Brown and Jacobsen is a drafter to the underlying bill and not to the striking amendment by Senators Finkbeiner and Rossi. So, for the amendment by Senators Brown and Jacobsen to be considered as an amendment to the striking amendment by Senators Finkbeiner and Rossi, I believe it would have to be written to the striking amendment.”

REPLY BY THE PRESIDENT


      President Owen: “Senator West, the issue is we have a striking amendment and then we have another striking amendment that would perfect. Therefore, we are handling it as though it is an amendment to the striking amendment.”


MOTION


      Senator Brown moved that the following amendment by Senators Brown and Jacobsen to the striking amendment by Senators Finkbeiner and Rossi be adopted:

      Beginning on line 7, of the striking amendment , strike all material down through and including "RCW."" on page 4, line 6, and insert the following:          "NEW SECTION. Sec. 1. INTENT. The state of Washington is affected by national, regional, and state-wide changes that are transforming the nature of the electric power industry. These changes have profound implications for Washington's economy and environment. The legislature finds that:      (1) The interests of the citizens of Washington will be served by having access to a choice of electric services and energy providers, provided that basic safeguards relating to consumer protection and access are met and investments that preserve the electric system reliability and environmental protection are not undermined.        (2) The transition to a competitive retail electricity market requires that investments in conservation, renewable resources, and low-income service be made in a competitively neutral manner and, further, that minimum investment standards for these purposes are necessary and desirable as the industry becomes more competitive.      (3) Electricity is an essential service and should be reasonably accessible and affordable to all consumers, regardless of income or geographic location. The unique circumstances and value of small, rural electric systems should be taken into account as industry restructuring moves forward.  It is the intent of this act to begin the comprehensive restructuring of the retail sale of energy in the state of Washington.      NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this section apply throughout this act unless the context clearly requires otherwise.          (1) "Commission" means the utilities and transportation commission.             (2) "Department" means the department of community, trade, and economic development.            (3) "Direct service industrial customer" has the same meaning as the term is defined in section 3(8) of the Pacific Northwest electric power plan and conservation act, P.L. 96-501.     (4) "Electric cooperative" means a cooperative or association organized under chapter 23.86 or 24.06 RCW.      (5) "Electricity distributor" means an electrical company, electric cooperative, irrigation district, municipal electric utility, public utility district, or public service company engaged in the business of providing distribution services to retail customers.

      (6) "Electricity service supplier" means any person or entity that sells electricity to one or more retail customers, including but not limited to electrical companies, electric cooperatives, irrigation districts, municipal electric utilities, public utility districts, aggregators, marketers, brokers, independent power producers, public service companies, or other municipal or state authorities.                 (7) "Irrigation district" means a district authorized by chapter 87.03 RCW.                (8) "Municipal electric utility" means a city or town that owns and operates an electric utility authorized by chapter 35.92 RCW.    (9) "Pilot program" means an experimental program, rate, or tariff designed to elicit information concerning the cost-effectiveness, marketing, design, evaluation, or cost structure of the provision of distribution and electricity by electrical distribution companies and electricity service suppliers.              (10) "Public utility district" means a district authorized by chapter 54.04 RCW that sells electricity to retail customers.        (11) "Retail customer" means any person or entity that purchases electricity for ultimate consumption and not for resale.    (12) "Task force" means the task force created in section 3 of this act.                 NEW SECTION. Sec. 3. TASK FORCE ON ELECTRIC SYSTEM RESTRUCTURING. (1) There is created a task force on electric system restructuring. The task force shall recommend measures needed for the Washington component of a regional and national restructured electric system that will:      (a) Recognize the multiple uses, benefits, and claims on our natural rivers;          (b) Preserve low-cost power for Washington consumers;      (c) Foster real competition whose benefits are fairly distributed across all sectors of Washington consumers;    (d) Fairly distribute the cost of past investments that are uneconomic in today's market;         (e) Build into the competitive structure system benefits, including reliability and safety of electric service, environmental quality, conservation of electricity, encouragement of renewable resources, and affordable service;      (f) Substantially implement the recommendations contained in the final report of the comprehensive review of the northwest energy system dated December 12, 1996.            (2) The task force shall consist of seven members: One from each legislative caucus, appointed by the senate majority leader and the speaker of the house of representatives, as appropriate, and three members appointed by the governor. The governor shall appoint the chair from among the members of the task force, but the chair must be a member of the majority legislative caucus in either the senate or the house of representatives.    (3) The senate, the house of representatives, the office of the governor, the commission, the department, and the department of revenue shall provide staff support to the task force, as appropriate.    (4) Meetings of the full task force shall be open to the public. Task force members shall make appropriate efforts to inform affected interest groups and the general public, regarding the issue of restructuring and the progress of the task force. This subsection does not prevent members of the task force from meeting with each other in nontask force meetings or forums.   (5) The task force may establish work groups of knowledgeable or affected persons to advise the task force on components of its work plan. The task force shall seek information and opinions from diverse interests, including, but not limited to, public power, private power, smaller rural utilities, large consumers, direct service industries, small consumers, nonutility power providers, the gas industry, conservation groups, renewable resource providers, the environmental community, low-income groups, local governments, the office of public counsel of the attorney general's office, and the Washington office of the Northwest power planning council.      NEW SECTION. Sec. 4. RESPONSIBILITIES OF THE TASK FORCE. The task force created in section 3 of this act shall:      (1) Recommend mechanisms and steps needed to ensure competitive access by energy service providers over the distribution facilities operated by electricity distributors by July 1, 1999, or as soon thereafter as reasonably practicable;          (2) Recommend ways to ensure the safety and reliability of the electric power system including the evaluation of operating and maintenance budget levels, system average duration interruption, system average frequency interruption and reportable accident and incident rates under the Occupational Safety and Health Act and Washington Industrial Safety and Health Act;       (3) Develop guidelines for determining and fairly distributing the costs of past investments that are no longer economically competitive including potential negative impacts on utility personnel directly affected by electric industry restructuring;      (4) Identify changes to electricity distributors' obligation to serve retail customers made necessary through the mechanisms identified in subsections (1) and (3) of this section;     (5) Develop uniform billing standards, and consumer education and outreach programs, to assist customers and electrical service providers in comparing available services;                  (6) Recommend ways to ensure that electricity service is reasonably accessible and affordable to all customers, including identifying barriers to the aggregation of small customers and recommending means to overcome those barriers;       (7) Recommend the most appropriate means to ensure adequate funding for conservation, renewable resources, and low-income weatherization and energy assistance;              (8) Identify mechanisms and steps needed to establish a uniform state-wide system benefits charge to ensure accomplishment of the minimum standard of investment described in section 7 of this act on a state-wide basis;    (9) Address special needs of rural electricity customers;       (10) Take into account state, regional, and national roles of responsibility and cooperation;                 (11) Take such other steps, including drafting legislation, as are needed to accomplish the purposes and tasks set forth in this act.        NEW SECTION. Sec. 5. The task force shall report to the governor and the legislature by December 1, 1997, concerning its activities, draft legislation, and any recommendations for further action.             NEW SECTION. Sec. 6. PILOT PROGRAMS. In order to obtain information about the likely effects of restructuring the electric industry, the legislature:               (1) Encourages pilot programs between retail customers and electrical companies under the commission's rate jurisdiction, particularly programs to facilitate the development of aggregators that can provide competitively priced power for small consumers;      (2) Encourages governing bodies of public utility districts, municipal electric utilities, and electric cooperatives to undertake pilot programs with retail electric customers under their rate jurisdiction, particularly programs to facilitate the development of aggregators that can provide competitively priced power for small consumers;      (3) Encourages the commission and governing bodies to provide to the task force results of information learned from the pilot programs.      NEW SECTION. Sec. 7. STUDY OF MINIMUM INVESTMENT STANDARD. The department shall undertake a study of ways to achieve a minimum state-wide standard of investment in local conservation resources, renewable resources, renewable research and development, regional market transformation, and low-income weatherization. For the purposes of this section, the minimum standard is presumed to equal three percent of total electricity expenditures. The department shall consult with and obtain necessary information from electricity distributors, electricity service suppliers, direct service industrial customers, and others in developing its study. The department shall report the results of its study to the task force by September 1, 1997.          NEW SECTION. Sec. 8. ACCESS AND AFFORDABILITY. On or before September 1, 1997, the department shall provide recommendations to the task force concerning mechanisms for ensuring that electricity service is reasonably accessible and affordable to all customers, including low-income and rural customers. The department shall consult with utilities, low-income customer advocates, rural customer advocates, the office of the attorney general, the commission, and others in developing its recommendations.             NEW SECTION. Sec. 9. CAPTIONS NOT LAW. Captions used in this act are not part of the law.                    NEW SECTION. Sec. 10. This act expires March 1, 1998."          Debate ensued.

      Senator Sheldon 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 Brown and Jacobsen beginning on line 7 to the striking amendment by Senators Finkbeiner and Rossi to Substitute Senate Bill No. 6006.



ROLL CALL


      The Secretary called the roll and the amendment to the striking amendment was not adopted by the following vote: Yeas, 21; Nays, 27; Absent, 0; Excused, 1.

      Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 21.              Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Heavey, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 27.            Excused: Senator Rasmussen - 1.          The President declared the question before the Senate to be the adoption of the striking amendment by Senators Finkbeiner and Rossi to Substitute Senate Bill No. 6006.

      Debate ensued.


POINT OF INQUIRY


      Senator Franklin: “Senator Finkbeiner, were all parties, including public utilities, private--all parties--were they all involved with the drafting of this amendment?”

      Senator Finkbeiner: “With this amendment? No, actually this amendment was taken from an original bill that came before the committee. All parties testified on the bill. At the time, there was one group, that was Rural Electric, that had some concerns on it. Their concerns were, specifically, accommodated in this amendment and in the bill that we were considering in the committee. So, while they did not draft it--as all bills are drafted by the Legislature, they did testify on it and there was overwhelming testimony for it.

      “At the time, everybody said that this is a good move and so when we stepped back from the comprehensive bill, which underlies this bill, this seemed like a good place to go because there was common agreement in the committee. As far as I know, there is still common agreement, with the exception, perhaps, of some of the unions. Everybody else, as far as I know, is supporting this.”


POINT OF INQUIRY


      Senator Jacobsen: “Senator Finkbeiner, looking at the striking amendment and looking at Section 1, 2 (c), it says, 'Require new market

entrants that are not existing electric utilities in the state to register with the utilities and transportation commission.' What is the purpose of that section?”

      Senator Finkbeiner: “As I understand, the purpose of that section is that there are pilot projects, pilot projects which were mentioned in your amendment, Senator Jacobsen, just a moment ago. In those pilot projects, when we have new market entrants coming in, we just want to make sure they are reliable providers of electricity. So, we are asking that they register with the commission and provide that type of information”

Further debate ensued.

      The motion by Senator Finkbeiner carried and the striking amendment was adopted.


MOTIONS


      On motion of Senator Finkbeiner, the following title amendment was adopted:

      On page 1, line 1 of the title, after "industry;" strike the remainder of the title and insert "amending RCW 80.28.075; adding a new chapter to Title 80 RCW; and creating a new section."             On motion of Senator Finkbeiner, the rules were suspended, Engrossed Substitute Senate Bill No. 6006 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. 6006.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6006 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 31.  Voting nay: Senators Brown, Fairley, Franklin, Fraser, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 17.              Excused: Senator Rasmussen - 1.          ENGROSSED SUBSTITUTE SENATE BILL NO. 6006, 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.


STATEMENT FOR THE JOURNAL


      I want to inform you that I voted incorrectly on Senate Bill No. 5460 during the roll call. I intended to vote in FAVOR of the bill. Please add these comments to the official record of the Senate.

SENATOR CALVIN GOINGS, Twenty-Fifth District


SECOND READING


      SENATE BILL NO. 5460, by Senators McCaslin, Deccio and Zarelli

 

Limiting the use of public funds for political activities.


      The bill was read the second time.


MOTIONS


      Senator Haugen moved that the following amendment be adopted:

      Strike everything after the enacting clause and insert the following:     "Sec. 1. RCW 42.17.130 and 1979 ex.s. c 265 s 2 are each amended to read as follows:         (1) No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency((: PROVIDED, That)). However, the foregoing provisions of this section shall not apply to the following activities:                  (((1))) (a) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (((a))) (i) any required notice of the meeting includes the title and number of the ballot proposition, and (((b))) (ii) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;              (((2))) (b) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; or            (((3))) (c) Activities which are part of the normal and regular conduct of the office or agency.              (2) No association, organization, or entity that derives more than twenty-five percent of its income from dues, assessments, government contracts, or membership fees paid with public funds may provide any financial support or use of its facilities for or against a ballot proposition or candidate for public office.   Sec. 2. RCW 36.32.350 and 1991 c 363 s 59 are each amended to read as follows:             County legislative authorities may designate the Washington state association of counties as a coordinating agency in the execution of duties imposed by RCW 36.32.335 through 36.32.360 and reimburse the association from county current expense funds in the county legislative authority's budget for the costs of any such services rendered. No reimbursement shall be made for contributions to political committees or for funds used as political contributions. Such reimbursement shall be paid on vouchers submitted to the county auditor and approved by the county legislative authority in the manner provided for the disbursement of other current expense funds and the vouchers shall set forth the nature of the service rendered, supported by affidavit that the service has actually been performed.      Sec. 3. RCW 36.47.040 and 1991 c 363 s 71 are each amended to read as follows:             Each county which designates the Washington state association of county officials as the agency through which the duties imposed by RCW 36.47.020 may be executed is authorized to reimburse the association from the county current expense fund for the cost of any such services rendered((: PROVIDED, That)). However, no reimbursement shall be made to the association for any expenses incurred under RCW 36.47.050 for travel, meals, or lodging of such county officials, or their representatives at such meetings, but such expenses may be paid by such official's respective county as other expenses are paid for county business. Such reimbursement shall be paid only on vouchers submitted to the county auditor and approved by the legislative authority of each county in the manner provided for the disbursement of other current expense funds. Each such voucher shall set forth the nature of the services rendered by the association, supported by affidavit that the services were actually performed. No reimbursement shall be made for contributions to political committees or for funds used as political contributions."                  Senator Haugen moved that the following amendment to the striking amendment be adopted:

      On page 2, after line 2 of the amendment, insert the following:             "(3) The records of the association, organization, or entity are made available to the public for inspection and copying under the provisions of this chapter, as if the records were public records and the entity were a local government."     Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Haugen on page 2, after line 2, to the striking amendment by Senator Haugen to Senate Bill No. 5460.

      The motion by Senator Haugen failed and the amendment to the striking amendment was not adopted.

 

MOTION


      Senator Haugen moved that the following amendment to the striking amendment be adopted:

      On page 2, after line 2 of the amendment, insert the following:             "(3) Meetings of the board of directors, or any committee of the board of directors, are open to the public under the provisions of chapter 42.30 RCW, as if the association, organization, or entity were a public agency and the board of directors were a governing body."     Debate ensued.

POINT OF INQUIRY


      Senator Patterson asked Senator McCaslin to yield to a question and Senator McCaslin would not yield to a question.


POINT OF INQUIRY


      Senator Patterson: “Senator Haugen, doesn't this amendment simply say that if you receive your membership dues or if your membership dues are paid with public funds--funds that come from the public tax dollars--if that is the case, the board of directors meetings--the meetings that these folks have--must be open to the public, the same public that are paying the dues?”

      Senator Haugen: “That is absolutely correct.”

      Senator Patterson: “And that is exactly what this amendment is about, isn't that correct, Senator?”

      Senator Haugen: “That is correct.”

      Senator Patterson: “Thank you.”

      The President declared the question before the Senate to be the adoption of the amendment by Senator Haugen on page 2, after line 2, to the striking amendment by Senator Haugen to Senate Bill No. 5460.

      The motion by Senator Haugen failed and the amendment to the striking amendment was not adopted.


MOTION


      Senator Haugen moved that the following amendment to the striking amendment be adopted:

      On page 2, after line 2 of the amendment, insert the following:             "(3) The association, organization, or entity shall submit to a periodic audit by the state auditor, as if the association, organization, or entity were a local government."              Debate ensued.

POINT OF INQUIRY


      Senator Patterson asked Senator McCaslin to yield to a question and Senator McCaslin would not yield to a question.


POINT OF INQUIRY


      Senator Patterson: “Senator Haugen, doesn't this amendment simply say that if an organization is receiving a portion of its income from the public, that is you and I, who pay taxes with our hard-earned money, if an organization is receiving money from us, that that organization should simply submit to a periodic audit?”

      Senator Haugen: “You are absolutely correct. That is exactly what it does and I can't understand why our colleagues on the other side of the aisle wouldn't join us in this good government amendment.”

      The President declared the question before the Senate to be the adoption of the amendment by Senator Haugen on page 2, after line 2, to the striking amendment by Senator Haugen to Senate Bill No. 5460.

      The motion by Senator Haugen failed and the amendment to the striking amendment was not adopted.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Haugen to Senate Bill No. 5460.

      Debate ensued.

      Senator Sheldon 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 striking amendment by Senator Haugen to Senate Bill No. 5460.


ROLL CALL


      The Secretary called the roll and the striking amendment was not adopted by the following vote: Yeas, 22; Nays, 26; Absent, 0; Excused, 1.

      Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 22.           Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.            Excused: Senator Rasmussen - 1.MOTION


      On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 5460 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 Senate Bill No. 5460.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5460 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 21; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Fraser, Hale, Heavey, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Wood and Zarelli - 27.      Voting nay: Senators Bauer, Brown, Fairley, Franklin, Goings, Hargrove, Haugen, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, Winsley and Wojahn - 21.                Excused: Senator Rasmussen - 1.      SENATE BILL NO. 5460, 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 returned to the fourth order of business.


MESSAGES FROM THE HOUSE

March 15, 1997

MR. PRESIDENT:

      The House has passed:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1283,

      SUBSTITUTE HOUSE BILL NO. 1607,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2186,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2193,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2217, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 17, 1997

MR. PRESIDENT:

      The House has passed:

      HOUSE BILL NO. 1091,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1344,

      HOUSE BILL NO. 1349,

      ENGROSSED HOUSE BILL NO. 1472,

      SUBSTITUTE HOUSE BILL NO. 1478,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1576,

      SECOND SUBSTITUTE HOUSE BILL NO. 1862,

      SECOND SUBSTITUTE HOUSE BILL NO. 1864,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1938,

      SUBSTITUTE HOUSE BILL NO. 2008,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2170, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 17, 1997

MR. PRESIDENT:

      The House has passed ENGROSSED THIRD SUBSTITUTE HOUSE BILL NO. 3900, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 17, 1997

MR. PRESIDENT:

      The House has passed ENGROSSED HOUSE BILL NO. 3901, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


      There being no objection, the President advanced the Senate to the fifth order of business.


INTRODUCTION AND FIRST READING

 

SB 6083             by Senators Haugen and Fairley

 

AN ACT Relating to disabled persons' parking placards; and amending RCW 46.16.381.

Referred to Committee on Transportation.

 

SB 6084             by Senators West and McDonald

 

AN ACT Relating to transferring the enforcement of existing cigarette and tobacco taxes from the department of revenue to the liquor control board; amending RCW 66.44.010, 82.24.010, 82.24.110, 82.24.130, 82.24.190, 82.24.250, 82.24.550, and 82.32.300; adding a new section to chapter 82.24 RCW; adding a new section to chapter 82.26 RCW; and prescribing penalties.

Referred to Committee on Ways and Means.


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

HB 1091            by Representative Sterk, Cody, Backlund, Kenney, D. Sommers, Hatfield, Dunn, O'Brien, Lantz, Kessler, Murray, Costa, Quall, Anderson and Conway

 

Penalizing assault of health care personnel.

 

Referred to Committee on Law and Justice.

.

ESHB 1283        by House Committee on Trade and Economic Development (originally sponsored by Representatives Mason, Van Luven, Veloria, Ballasiotes, Costa, Morris, Wood, Tokuda, Kessler, Scott and Blalock)

 

Providing funding for business and economic development programs.

 

Referred to Committee on Commerce and Labor.

 

ESHB 1344        by House Committee on Government Administration (originally sponsored by Representatives Mielke, Doumit, Pennington, Alexander, Boldt, Hatfield, Bush and Smith)

 

Requiring county legislative authorities to include a summary of public testimony in the written minutes.

 

Referred to Committee on Government Operations.

 

HB 1349            by Representatives McMorris, Kessler, Hatfield, Linville, Costa, Sheldon and Doumit

 

Extending existing employer workers' compensation group self-insurance.

 

Referred to Committee on Commerce and Labor.

 

EHB 1472          by Representatives Reams, Romero, Pennington, Sherstad and Lantz

 

Providing for designation of mineral resource lands.

 

Referred to Committee on Natural Resources and Parks.

 

SHB 1478          by House Committee on Appropriations (originally sponsored by Representatives Clements, Buck, Huff, Lisk, Mulliken, McDonald, Honeyford, Sehlin, McMorris, Sump, Sheldon, Parlette, Skinner, Chandler, Kessler, Hatfield and Grant)

 

Feeding wildlife during severe winters.

 

Referred to Committee on Natural Resources and Parks.

 

ESHB 1576        by House Committee on Government Reform and Land Use (originally sponsored by Representatives Sherstad, Cairnes, Mulliken, Reams, Koster, Mielke, Dunn, McMorris, Pennington, Sheahan and Thompson)

 

Modifying buildable lands under growth management.

 

Referred to Committee on Government Operations.

 

SHB 1607          by House Committee on Commerce and Labor (originally sponsored by Representatives McMorris, Thompson, Dyer, Sheldon, Boldt, Honeyford, Lisk, Clements, Mulliken and Mielke)

 

Providing for industrial insurance self-insurers to determine benefits for permanent disability.

 

Referred to Committee on Commerce and Labor.

 

2SHB 1862        by House Committee on Appropriations (originally sponsored by Representatives Cooke, Dickerson, Boldt and McDonald)

 

Requiring a community-based response system for certain families referred to child protective services.

 

Referred to Committee on Human Services and Corrections.

 

2SHB 1864        by House Committee on Appropriations (originally sponsored by Representatives Cooke, Dickerson, Boldt and McDonald)

 

Regarding infants who test positive at birth for drugs or alcohol.

 

Referred to Committee on Human Services and Corrections.

 

E2SHB 1938      by House Committee on Appropriations (originally sponsored by Representatives Carrell, Cooke, Talcott, Cairnes, Mulliken, Sterk, Huff, L. Thomas, Reams, D. Schmidt, McMorris, Robertson, Hickel, Mitchell, Buck, D. Sommers, B. Thomas, Delvin and Backlund)

 

Changing provisions relating to at-risk youth.

 

Referred to Committee on Human Services and Corrections.

 

SHB 2008          by House Committee on Law and Justice (originally sponsored by Representatives Sheahan, Sterk, Crouse and Costa)

 

Authorizing law enforcement officers to impound the vehicles of persons who are patronizing prostitutes.

 

Referred to Committee on Law and Justice.

 

ESHB 2170        by House Committee on Trade and Economic Development (originally sponsored by Representatives Pennington, Sheldon and Ogden)

 

Expediting projects of state-wide significance.

 

Referred to Committee on Commerce and Labor.

 

ESHB 2186        by House Committee on Appropriations (originally sponsored by Representatives Linville, Regala, Chandler and Blalock)

 

Requiring a methodology to identify critical ecological functions within a WRIA.

 

Referred to Committee on Agriculture and Environment.

 

ESHB 2193        by House Committee on Higher Education (originally sponsored by Representatives Carlson, D. Sommers, Gombosky, Benson and Mielke) (by request of Joint Center for Higher Education)

 

Allowing the joint center for higher education transportation fees and excluding higher education and the joint center for higher education from the state agency parking account.

 

Referred to Committee on Higher Education.

 

ESHB 2217        by House Committee on Transportation Policy and Budget (originally sponsored by Representatives K. Schmidt, Doumit, Buck, Blalock, Hatfield and Kessler)

 

Removing fish passage barriers.

 

Referred to Committee on Transportation.

 

E3SHB 3900      by House Committee on Appropriations (originally sponsored by Representatives Sheahan, Ballasiotes, Schoesler, Bush, Honeyford, Carrell, Chandler, Mitchell, Clements, Huff, Thompson, Hankins, Mulliken, Koster, Carlson, Cairnes, Cooke, Johnson, Skinner, Mastin, Smith, Crouse, Benson, Alexander, Talcott, Robertson, Lisk, Zellinsky, Boldt, Delvin, Sterk, Lambert, Hickel, Backlund and Pennington)

 

Revising the Juvenile Code (Introduced with Senate sponsors).

 

Referred to Committee on Law and Justice.

 

EHB 3901          by Representatives Cooke, Boldt, McDonald, Alexander, Bush, Smith, Mielke, Talcott, Cairnes, Reams, Johnson, Huff, Lambert, Sheahan, Mulliken, Parlette, Backlund, Koster, D. Sommers, D. Schmidt, Schoesler, Wensman and Skinner

 

Implementing the federal personal responsibility and work opportunity reconciliation act of 1996 (Introduced with Senate sponsors).

 

Referred to Committee on Health and Long-Term Care.


MOTION


      At 8:58 p.m., on motion of Senator Johnson, the Senate adjourned until 8:30 a.m., Wednesday, March 19, 1997.


BRAD OWEN, President of the Senate


MIKE O'CONNELL, Secretary of the Senate