NOTICE: Formatting and page numbering in this document may be different
from that in the original published version.
TWELFTH DAY
------------
MORNING SESSION
------------
Senate Chamber, Olympia, Friday, January 23, 1998
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present.
The Sergeant at Arms Color Guard, consisting of Pages Holly Williams and Bob Johnson, presented the Colors. Reverend Jim Erlandson, pastor of the Reorganized Church of Jesus Christ of Latter-Day Saints of Olympia, 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.
REPORTS OF STANDING COMMITTEES
January 22, 1998
SB 6118 Prime Sponsor, Senator Long: Clarifying "gifts" for purposes of ethics in public service. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Anderson, Haugen, Horn, Patterson and T. Sheldon.
Passed to Committee on Rules for second reading.
January 21, 1998
SB 6125 Prime Sponsor, Senator Kline: Requiring drivers convicted of DUI to participate in victim impact panels. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 6125 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Kline, Long, Stevens and Thibaudeau.
Passed to Committee on Rules for second reading.
January 22, 1998
SB 6129 Prime Sponsor, Senator Swecker: Allowing continued use of pollution control tax credits after facilities are modified to maintain effective pollution control. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 6129 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Newhouse, Oke and Rasmussen.
Passed to Committee on Rules for second reading.
January 22, 1998
SB 6145 Prime Sponsor, Senator Roach: Revising provisions for crime victims' compensation. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Long, McCaslin, Stevens and Thibaudeau.
Passed to Committee on Rules for second reading.
January 22, 1998
SB 6161 Prime Sponsor, Senator Swecker: Creating a dairy nutrient management program. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 6161 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.
Referred to Committee on Ways and Means.
January 22, 1998
SB 6173 Prime Sponsor, Senator McCaslin: Removing the requirement that the veterans' preference must be used within eight years. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Anderson, Haugen, Horn, Patterson and T. Sheldon.
Passed to Committee on Rules for second reading.
January 22, 1998
SB 6175 Prime Sponsor, Senator McCaslin: Authorizing financing contracts. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 6175 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Anderson, Haugen, Horn, Patterson and T. Sheldon.
Passed to Committee on Rules for second reading.
January 21, 1998
SB 6183 Prime Sponsor, Senator Johnson: Regulating shareholder rights under the Washington business corporation act. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Kline, Long, McCaslin, Stevens, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
January 22, 1998
SB 6187 Prime Sponsor, Senator Stevens: Adding penalties for alcohol offenders. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 6187 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Goings, Hargrove, Long, McCaslin, Stevens and Zarelli.
Passed to Committee on Rules for second reading.
January 22, 1998
SB 6240 Prime Sponsor, Senator Stevens: Allowing a superior court judge to appoint a stenographic reporter. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 6240 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Hargrove, Long, McCaslin, Stevens and Zarelli.
Passed to Committee on Rules for second reading.
January 22, 1998
SB 6293 Prime Sponsor, Senator Benton: Permanently revoking drivers' licenses upon a drunk driving violation. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 6293 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Goings, Hargrove, Long, McCaslin, Stevens, Thibaudeau and Zarelli.
HOLD
.
January 22, 1998
SB 6324 Prime Sponsor, Senator Morton: Rehabilitating salmon and trout populations with a remote site incubator program. Reported by Committee on Natural Resources and Parks
MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Spanel and Swecker.
Referred to Committee on Ways and Means.
January 20, 1998
SB 6327 Prime Sponsor, Senator Schow: Providing entrepreneurial opportunities for disabled persons. Reported by Committee on Commerce and Labor
MAJORITY Recommendation: Do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson, Franklin, Fraser, Heavey and Newhouse.
Referred to Committee on Ways and Means.
January 21, 1998
SB 6431 Prime Sponsor, Senator Roach: Providing for impoundment and forfeiture of vehicles operated by persons driving a vehicle or in actual physical control of a vehicle while under the influence of intoxicating liquor. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 6431 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Kline, Long, McCaslin, Stevens and Thibaudeau.
Passed to Committee on Rules for second reading.
January 21, 1998
SHB 1077 Prime Sponsor, House Committee on Law and Justice: Specifying the official forms of establishing proof of identity. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Kline, Long, McCaslin, Stevens and Zarelli.
Passed to Committee on Rules for second reading.
January 22, 1998
HB 1082 Prime Sponsor, Representative McDonald: Extending authority to cite for contempt of court. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Kline, Long, McCaslin, Stevens, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
January 22, 1998
HB 1117 Prime Sponsor, Representative Benson: Providing penalties for supplying liquor to or consuming liquor by minors. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Kline, Long, McCaslin, Stevens and Zarelli.
Passed to Committee on Rules for second reading.
January 22, 1998
HB 1165 Prime Sponsor, Representative Backlund: Creating the crimes of homicide by watercraft and assault by watercraft. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass as amended. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Kline, Long, McCaslin, Stevens and Zarelli.
Passed to Committee on Rules for second reading.
January 21, 1998
HB 1181 Prime Sponsor, Representative Sterk: Taking judicial notice of radar evidence. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass as amended. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Kline, Long, McCaslin, Stevens, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
January 21, 1998
HB 1297 Prime Sponsor, Representative DeBolt: Including the existence of a no contact order as an aggravating circumstance in first degree murder. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass as amended. Signed by Senators Roach, Chair; Johnson, Vice Chair; Goings, Hargrove, Long, McCaslin, Stevens and Zarelli.
MINORITY Recommendation: Do not pass as amended. Signed by Senators Fairley, Kline and Thibaudeau.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Johnson, Senate Bill No. 6293 was held at the desk.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
January 22, 1998
GA 9280 CONNIE NIVA, reappointed August 5, 1997, for a term ending June 30, 2003, as a member of the Transportation Commission.
Reported by Committee on Transportation
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Prince, Chair; Goings, Haugen, Heavey, Horn, Morton, Oke, Patterson, Prentice and Rasmussen.
Passed to Committee on Rules.
January 22, 1998
GA 9299 CHRISTOPHER J. MARR, appointed December 10, 1997, for a term ending June 30, 2002, as a member of the Transportation Commission.
Reported by Committee on Transportation
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Prince, Chair; Goings, Haugen, Heavey, Horn, Morton, Oke, Patterson, Prentice and Rasmussen.
Passed to Committee on Rules.
January 22, 1998
GA 9315 A. MICHELE MAHER, appointed December 10, 1997, for a term ending June 30, 1999, as a member of the Transportation Commission.
Reported by Committee on Transportation
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Prince, Chair; Goings, Haugen, Heavey, Horn, Morton, Oke, Patterson, Prentice and Rasmussen.
Passed to Committee on Rules.
MESSAGE FROM THE HOUSE
January 21, 1998
MR. PRESIDENT:
The House has passed:
SECOND ENGROSSED HOUSE BILL NO. 1027,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1374,
SECOND ENGROSSED HOUSE BILL NO. 1584, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
SB 6618 by Senators Anderson, T. Sheldon, Swecker, Hargrove, Stevens, Morton, Oke, Benton and Hale
AN ACT Relating to increasing flexibility for counties and cities in implementing growth management; amending RCW 36.70A.040 and 36.70A.110; adding new sections to chapter 36.70A RCW; and declaring an emergency.
Referred to Committee on Government Operations.
SB 6619 by Senators Anderson, T. Sheldon, Swecker, Hargrove, Stevens, Morton and Benton
AN ACT Relating to allowing rural counties to remove themselves and their cities from the planning requirements of the growth management act; amending RCW 36.70A.040; adding a new section to chapter 36.70A RCW; and declaring an emergency.
Referred to Committee on Government Operations.
SB 6620 by Senators Bauer, Strannigan, Fraser and Wojahn
AN ACT Relating to authority of school districts to borrow money and issue bonds; amending RCW 28A.530.010 and 28A.525.168; and adding a new section to chapter 28A.525 RCW.
Referred to Committee on Education.
SB 6621 by Senators Wojahn, Wood, Prentice, Winsley, McAuliffe, Kline, Franklin, B. Sheldon, Thibaudeau, Snyder, Goings, Fraser, Fairley and Kohl
AN ACT Relating to reporting of domestic violence by physicians; adding a new section to chapter 10.99 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Health and Long-Term Care.
SB 6622 by Senator Finkbeiner (by request of Utilities and Transportation Commission)
AN ACT Relating to the implementation of the federal telecommunications act of 1996, P.L. 104-104 (110 Stat. 56); adding new sections to chapter 80.36 RCW; and creating a new section.
Referred to Committee on Energy and Utilities.
SB 6623 by Senator Swecker (by request of Board for Judicial Administration)
AN ACT Relating to superior court judges; amending RCW 2.08.062; and creating a new section.
Referred to Committee on Law and Justice.
SB 6624 by Senator McCaslin
AN ACT Relating to backflow protection devices; amending RCW 18.106.010 and 18.106.010; providing an effective date; and providing an expiration date.
Referred to Committee on Commerce and Labor.
SB 6625 by Senators Wood and Rasmussen
AN ACT Relating to use of commercial employment driving records; and repealing RCW 48.30.310.
Referred to Committee on Financial Institutions, Insurance and Housing.
SB 6626 by Senators Finkbeiner, Brown, Swecker, Sellar, Oke, T. Sheldon, Anderson, Zarelli, Hale, Deccio, Rasmussen, Rossi, Schow, McCaslin, McDonald, Johnson and West
AN ACT Relating to digital broadband internet access and transport services; and amending RCW 80.36.370.
Referred to Committee on Energy and Utilities.
SB 6627 by Senators Fairley and Goings
AN ACT Relating to property tax levies for emergency medical care and services; amending RCW 84.52.069; and creating a new section.
Referred to Committee on Government Operations.
SB 6628 by Senators Benton, Finkbeiner, Anderson, Zarelli and Schow
AN ACT Relating to the state-owned facilities component of the state-wide transportation plan and intercity passenger rail; and amending RCW 47.06.050 and 47.06.090.
Referred to Committee on Transportation.
SB 6629 by Senators Benton, Winsley, Zarelli, Rossi, Stevens, Roach, Johnson, Anderson, Schow and Oke
AN ACT Relating to limitations on property taxes; amending RCW 84.52.065, 84.52.043, 84.52.050, 36.58.150, 36.60.040, 36.69.145, 36.73.060, 36.83.030, 36.100.050, 67.38.130, 84.52.010, and 84.69.020; and creating a new section.
Referred to Committee on Ways and Means.
SB 6630 by Senators Wood, Fairley, Strannigan, Wojahn, Rasmussen and Thibaudeau
AN ACT Relating to counselors; and amending RCW 18.19.170.
Referred to Committee on Health and Long-Term Care.
SB 6631 by Senators McCaslin and Haugen
AN ACT Relating to candidate declaration filings in districts comprising more than one county; and amending RCW 29.15.030.
Referred to Committee on Government Operations.
SB 6632 by Senators Franklin, Long, Hargrove, Schow, Kohl and Rasmussen
AN ACT Relating to guardians and guardians ad litem; amending RCW 11.88.045, 11.88.090, 11.88.095, and 11.92.180; creating a new section; and providing an expiration date.
Referred to Committee on Human Services and Corrections.
SB 6633 by Senators Long, Hargrove, Deccio, Thibaudeau, West and Rasmussen
AN ACT Relating to managed public mental health care; adding new sections to chapter 71.24 RCW; creating new sections; making an appropriation; providing expiration dates; and declaring an emergency.
Referred to Committee on Human Services and Corrections.
SB 6634 by Senators Horn, Haugen, Wood and Oke (by request of Department of Licensing)
AN ACT Relating to the extension of the validity of a driver's license that expires while the driver is outside the state; and amending RCW 46.20.120.
Referred to Committee on Transportation.
SB 6635 by Senators Sellar, Bauer, Long and Fraser (by request of Department of Retirement Systems)
AN ACT Relating to clarifying the trusteeship role of the state investment board and the employee retirement benefits board; amending RCW 41.04.020, 41.04.340, 41.04.605, 41.04.610, 41.04.615, 41.04.620, 41.04.630, 41.04.635, 41.04.640, 41.50.088, 41.50.770, 41.50.780, and 28B.50.874; and adding a new section to chapter 43.33A RCW.
Referred to Committee on Government Operations.
SB 6636 by Senators Jacobsen, Fraser and Brown
AN ACT Relating to addressing the impacts of climate change; and creating new sections.
Referred to Committee on Agriculture and Environment.
SB 6637 by Senators Schow, Bauer and Rasmussen
AN ACT Relating to low alcohol beverage coolers; amending RCW 66.04.010; adding a new section to chapter 66.08 RCW; adding a new section to chapter 19.126 RCW; adding a new section to chapter 82.02 RCW; and providing an effective date.
Referred to Committee on Commerce and Labor.
SB 6638 by Senators Horn, Schow and Oke
AN ACT Relating to consumer protection regarding contractors; amending RCW 18.27.010, 18.27.030, 18.27.040, 18.27.050, 18.27.100, 18.27.114, 18.27.340, 60.04.021, 60.04.031, and 60.04.041; adding a new section to chapter 82.01 RCW; adding new sections to chapter 18.27 RCW; adding new sections to chapter 43.131 RCW; repealing RCW 18.27.075; and prescribing penalties.
Referred to Committee on Commerce and Labor.
SB 6639 by Senators Morton and Swecker
AN ACT Relating to establishing a pilot project for noxious weed control in state highway rights of way; creating new sections; and declaring an emergency.
Referred to Committee on Transportation.
SB 6640 by Senators Morton, Roach, Swecker, McCaslin, Fairley, Goings, Anderson, Oke and Benton
AN ACT Relating to sex offender name changes; amending RCW 4.24.130; and reenacting and amending RCW 9A.44.130.
Referred to Committee on Human Services and Corrections.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
2EHB 1027 by Representatives Schoesler, Chandler, Sheahan, Sterk, McMorris, Honeyford, Dyer, Mielke and D. Schmidt
Restricting mailings and public service broadcasts by state officials.
Referred to Committee on Government Operations.
E2SHB 1374 by House Committee on Appropriations (originally sponsored by Representatives Smith, Johnson, Hickel, Talcott, B. Thomas and Thompson)
Establishing alternate teacher certification.
Referred to Committee on Education.
2EHB 1584 by Representatives Sherstad, Zellinsky, Dyer, Skinner, Backlund and Johnson
Revising provisions for school district employee benefits.
Referred to Committee on Health and Long-Term Care.
MOTION
On motion of Senator Hale, the following resolution was adopted:
SENATE RESOLUTION 1998-8684
By Senators Hale, Swecker, Heavey, McDonald, Newhouse, Haugen, Spanel, Horn, Stevens, Jacobsen, Loveland, Sellar, Johnson, Franklin, Kohl and Rasmussen
WHEREAS, Mighty rivers began shaping the state of Washington thousands of years ago, creating an area of exceptional natural beauty at the confluence of the Yakima, Snake, and Columbia Rivers; and
WHEREAS, Washington citizens' universal connection to the water is an abundantly powerful force; and
WHEREAS, No single resource in the great state of Washington influences the region's culture and way of life as its rivers do; and
WHEREAS, Washington's mighty rivers are the lifeblood of the Pacific Northwest which immeasurably add to the state's economy and the quality of life enjoyed by all the state's citizens; and
WHEREAS, Washington's rivers provide an abundant supply of spectacular fish including steelhead, salmon, and chinook, recognized delicacies throughout the United States and the world; and
WHEREAS, The Columbia, Snake, and Yakima Rivers offer unique water resources with enormous potential as tourist attractions and recreational venues; and
WHEREAS, A year-long celebration is planned by the Tri-Cities communities of Kennewick, Pasco, and Richland to encourage extended use of the river parks and waterfront areas for special events and celebrations to highlight these rivers as great assets; and
WHEREAS, The celebration will accelerate the completion of river-related public works projects and amenities to enhance the riverfront areas, increase tourism, and foster economic diversity;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, that the Washington State Senate recognizes and applauds the Tri-Cities communities of Kennewick, Pasco, and Richland for making this year "The Year of the River."
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the Tri-Cities communities of Kennewick, Pasco and Richland, who were seated in the gallery.
HONOR AWARDED TO PRESIDENT
Senator Hale announced that President Owen was named as an Honorary Tri-Citian by the Tri-Cities delegation at a meeting last night.
MOTION
On motion of Senator Prentice, the following resolution was adopted:
SENATE RESOLUTION 1998-8687
By Senators Prentice, McDonald, Winsley, Sellar, Snyder, Heavey, Hale, Haugen, Fairley, Wood, Bauer, Johnson, Roach, Anderson, Kohl and Rasmussen
WHEREAS, Stanley O. McNaughton was a widely respected businessman and community leader until his sudden death on January 19, 1998; and
WHEREAS, Stanley O. McNaughton served with distinction in the United States Army as the flight commander of the backup crew for the Enola Gay; and
WHEREAS, Stanley O. McNaughton rose from modest surroundings in a small, British Columbia mining town, to the prestigious position of Chief Executive Officer of PEMCO Financial Services; and
WHEREAS, Stanley O. McNaughton exemplified the best characteristics of an employer and community leader by his constant concern and activities for those employed by him and others in the community; and
WHEREAS, Stanley O. McNaughton left a legacy of goodwill, through not only his own philanthropic acts but also through donating a significant portion of PEMCO's pretax income to charities, particularly those that benefitted people disadvantaged through no fault of their own; and
WHEREAS, Stanley O. McNaughton served the community through board positions with Seattle Schools Fund for Excellence, Junior Achievement of Greater Seattle, KCTS/Channel 9 Public Television, King County Boys and Girls Clubs, the Museum of Flight, Evergreen Safety Council, Economics America, and several others; and
WHEREAS, Mr. McNaughton was the recipient of many awards, including the Seattle-King County First Citizen in 1996 and the Seattle University Alumnus of the Year in 1986; and
WHEREAS, Stanley O. McNaughton was a forward-looking leader who established the Washington Credit Union Share Guaranty Association in 1976, providing member credit unions protection for each other before federal insurance was available; and
WHEREAS, Stanley O. McNaughton often recognized citizens who helped resolve community problems; and
WHEREAS, The highest honor the state of Washington can give is the Medal of Merit. Last week the Governor, Lieutenant Governor, Secretary of State, Speaker of the House and Chief Justice met to decide this biennium nominee. Mr. Stanley O. McNaughton was nominated and selected unanimously. Unfortunately, the day after the selection was made and before Mr. McNaughton was notified, he passed away. His family will receive his award posthumously here at the Capitol in mid-February; and
WHEREAS, Stanley O. McNaughton will long be remembered for his ideals, principles, and commitment to helping improve the lives of others;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor Stanley O. McNaughton's lifetime of achievements and selfless service with a minute of silence.
Senators Prentice, McDonald, Winsley, Sellar, Heavey and Snyder spoke to Senate Resolution 1998-8687.
MOMENT OF SILENCE
The Senate stood for a moment of silence in memory of Stanley O. McNaughton.
HAPPY BIRTHDAY TO SENATOR SELLAR
The President suggested that the Senate extend a “Happy Birthday” wish to Senator Sellar.
MOTION
At 10:29 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 11:06 a.m. by President Owen.
MOTION
At 11:06 a.m., on motion of Senator Johnson, the Senate adjourned until 10:00 a.m., Monday, January 26, 1998.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate