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TWENTY FIFTH DAY

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NOON SESSION

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Senate Chamber, Olympia, Thursday, February 4, 1999

      The Senate was called to order at 12:00 noon by President Owen. No roll call was taken.


MOTION


      On motion of Senator Goings, the reading of the Journal of the previous day was dispensed with and it was approved.


MOTION


      On motion of Senator Goings, and Pursuant to Rule 46, the Committee on Labor and Workforce Development was granted permission to meet during session.


      EDITOR'S NOTE: Senate Rule 46 states: 'No committee shall sit during the daily session of the senate unless by special leave.’


REPORTS OF STANDING COMMITTEES

February 3, 1999

SB 5027             Prime Sponsor, Senator Goings: Providing for control of dangerous dogs. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5027 be substituted therefor, and the substitute bill do pass. Signed by Senators Heavey, Chair; Kline, Vice Chair; Goings, Hargrove, Haugen, McCaslin and Roach.


      Passed to Committee on Rules for second reading.


February 3, 1999

SB 5035             Prime Sponsor, Senator Heavey: Providing an additional funding source for courts. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5035 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Heavey, Chair; Kline, Vice Chair; Hargrove, Haugen, Long, McCaslin and Thibaudeau.


      Referred to Committee on Ways and Means.


February 3, 1999

SB 5038             Prime Sponsor, Senator Goings: Expanding the membership of the criminal justice training commission. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass. Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Hargrove, Johnson, Long, McCaslin, Roach and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 3, 1999

SB 5053             Prime Sponsor, Senator Fairley: Including parents under the age of eighteen in the crime of assault against a child. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass. Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Hargrove, Johnson, Long, McCaslin and Roach.


      Passed to Committee on Rules for second reading.


February 3, 1999

SB 5125             Prime Sponsor, Senator Loveland: Giving direction to the commission on pesticide registration. Reported by Committee on Agriculture and Rural Economic Development


      MAJORITY Recommendation: Do pass. Signed by Senators Rasmussen, Chair; T. Sheldon, Vice Chair; Gardner, Honeyford, Morton, Prentice, Snyder, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


February 2, 1999

SB 5153             Prime Sponsor, Senator Haugen: Modifying provisions concerning the freight mobility strategic investment board. Reported by Committee on Transportation


      MAJORITY Recommendation: That Substitute Senate Bill No. 5153 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Horn, Jacobsen, Johnson, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin and Swecker.


      Passed to Committee on Rules for second reading.


February 2, 1999

SB 5185             Prime Sponsor, Senator Haugen: Adjusting limits for highway work by state forces. Reported by Committee on Transportation


      MAJORITY Recommendation: That Substitute Senate Bill No. 5185 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Eide, Horn, Jacobsen, Johnson, Oke, Patterson, Prentice, Sheahan, T. Sheldon, Shin and Swecker.


      Passed to Committee on Rules for second reading.


February 3, 1999

SB 5186             Prime Sponsor, Senator Rasmussen: Certifying planting stock. Reported by Committee on Agriculture and Rural Economic Development


      MAJORITY Recommendation: Do pass. Signed by Senators Rasmussen, Chair; T. Sheldon, Vice Chair; Gardner, Honeyford, Morton, Prentice, Snyder, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


February 3, 1999

SB 5187             Prime Sponsor, Senator Rasmussen: Updating or repealing dairy or food laws. Reported by Committee on Agriculture and Rural Economic Development


      MAJORITY Recommendation: Do pass. Signed by Senators Rasmussen, Chair; T. Sheldon, Vice Chair; Gardner, Honeyford, Prentice, Snyder, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


February 3, 1999

SB 5188             Prime Sponsor, Senator Rasmussen: Regulating private applicator licenses. Reported by Committee on Agriculture and Rural Economic Development


      MAJORITY Recommendation: Do pass. Signed by Senators Rasmussen, Chair; T. Sheldon, Vice Chair; Gardner, Honeyford, Morton, Prentice, Snyder, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


February 3, 1999

SB 5195             Prime Sponsor, Senator Heavey: Protecting employee benefits. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5195 be substituted therefor, and the substitute bill do pass. Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Johnson, Long, McCaslin, Roach and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 3, 1999

SB 5234             Prime Sponsor, Senator Long: Defining the crime of custodial sexual misconduct. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5234 be substituted therefor, and the substitute bill do pass. Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Johnson, Long, McCaslin, Roach and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 2, 1999

SB 5274             Prime Sponsor, Senator Goings: Allowing a regional transit authority to establish fines for certain civil infractions. Reported by Committee on Transportation


      MAJORITY Recommendation: That Substitute Senate Bill No. 5274 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Horn, Jacobsen, Johnson, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin and Swecker.


      Passed to Committee on Rules for second reading.


February 3, 1999

SB 5278             Prime Sponsor, Senator Kohl-Welles: Changing provisions relating to foreign degree-granting institutions' branch campuses. Reported by Committee on Higher Education


      MAJORITY Recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Bauer, Finkbeiner, Hale, Horn, McAuliffe, Sheahan and B. Sheldon.


      Passed to Committee on Rules for second reading.


February 2, 1999

SB 5309             Prime Sponsor, Senator Haugen: Technically editing chapter 46.20 RCW. Reported by Committee on Transportation


      MAJORITY Recommendation: That Substitute Senate Bill No. 5309 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Horn, Jacobsen, Johnson, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin and Swecker.


      Passed to Committee on Rules for second reading.


February 2, 1999

SB 5358             Prime Sponsor, Senator Benton: Eliminating motorcycle handlebar height restrictions. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Horn, Jacobsen, Johnson, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin and Swecker.


      Passed to Committee on Rules for second reading.


February 3, 1999

SB 5497             Prime Sponsor, Senator Snyder: Regulating the use of dredge spoils in Cowlitz County. Reported by Committee on Natural Resources, Parks and Recreation


      MAJORITY Recommendation: Do pass. Signed by Senators Jacobsen, Chair; T. Sheldon, Vice Chair; Hargrove, Morton, Oke, Rossi, Snyder, Spanel and Stevens.


      Passed to Committee on Rules for second reading.


February 3, 1999

SB 5657             Prime Sponsor, Senator Kohl-Welles: Operating veterinary medical facilities. Reported by Committee on Agriculture and Rural Economic Development


      MAJORITY Recommendation: Refer to Committee on Commerce, Trade, Housing and Financial Institutions without recommendation. Signed by Senators Rasmussen, Chair; T. Sheldon, Vice Chair; Gardner, Honeyford, Morton, Prentice, Snyder, Stevens and Swecker.


      Referred to Committee on Commerce, Trade, Housing and Financial Institutions.


REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

February 3, 1999

GA 9099            RONALD D. CANTU, appointed May 5, 1998, for a term ending August 2, 2000, as a member of the Sentencing Guidelines Commission.

                           Reported by Committee on Judiciary


      MAJORITY Recommendation: That said appointment be confirmed: Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Hargrove, Haugen, Johnson, Long, Roach, Thibaudeau and Zarelli.


      Passed to Committee on Rules.


February 3, 1999

GA 9106            JUAN COTTO, appointed October 20, 1998, for a term ending June 17, 1999, as a member of the Human Rights Commission.

                           Reported by Committee on Judiciary


      MAJORITY Recommendation: That said appointment be confirmed: Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Hargrove, Haugen, Johnson, Long, McCaslin, Roach and Zarelli.


      Passed to Committee on Rules.


MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

January 15, 1999

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following reappointment, subject to your confirmation.

      George Masten, reappointed January 15, 1999, for a term ending December 31, 2001, as a member of the Investment Board.

Sincerely,

GARY LOCKE, Governor

      Referred to Committee on Ways and Means.


January 19, 1999

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following appointment, subject to your confirmation.

       Clark Crouch, appointed January 19, 1999, for a term ending June 30, 2001, as a member of the Housing Finance Commission.

Sincerely,

GARY LOCKE, Governor

      Referred to Committee on Commerce, Trade, Housing and Financial Institutions.


January 22, 1999

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following reappointment, subject to your confirmation.

       Michael Kleinberg, reappointed January 22, 1999, for a term ending January 19, 2003, as a member of Board of Pharmacy.

Sincerely,

GARY LOCKE, Governor

      Referred to Committee on Health and Long-Term Care.


INTRODUCTION AND FIRST READING

 

SB 5714             by Senators Prentice and Winsley (by request of Insurance Commissioner Senn)

 

AN ACT Relating to the application of the insurer holding company act to health carriers, health care service contractors, and health maintenance organizations; and amending RCW 48.31B.005.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

 

SB 5715             by Senators Goings, Winsley, Kline, Eide, Shin, B. Sheldon and Costa

 

AN ACT Relating to sharing extraordinary investment gains; amending RCW 41.31.010, 41.31A.020, and 41.31A.030; creating a new section; and providing an effective date.

Referred to Committee on Ways and Means.

 

SB 5716             by Senators Shin, Prentice, Winsley, Benton, T. Sheldon, Rasmussen, Roach, Goings and Oke

 

AN ACT Relating to tuition waivers for veterans; and adding new sections to chapter 28B.15 RCW.

Referred to Committee on Higher Education.

 

SB 5717             by Senators Prentice, Winsley, Kline, Wojahn, Franklin, Shin, Hale, Sellar, Fairley, Thibaudeau, Spanel, Snyder, Rasmussen and Kohl-Welles

 

AN ACT Relating to youth job training and work force preparation; amending RCW 50.72.010, 50.72.020, 50.72.030, 50.72.040, 50.72.050, 50.72.070, and 43.185.070; adding a new section to chapter 82.04 RCW; adding a new section to chapter 50.72 RCW; adding a new section to chapter 28C.18 RCW; repealing RCW 50.67.030; and making appropriations.

Referred to Committee on Labor and Workforce Development.

 

SB 5718             by Senators Gardner, Spanel, Patterson and Haugen

 

AN ACT Relating to cities and towns changing plans of government; amending RCW 35A.02.010, 35A.02.020, 35A.02.030, 35A.02.050, 35A.02.090, 35A.06.030, 35A.06.040, 35A.06.050, 35A.06.060, and 35A.06.070; and repealing RCW 35A.02.055 and 35A.02.080.

Referred to Committee on State and Local Government.

 

SB 5719             by Senator Wojahn

 

AN ACT Relating to providing tax credits for businesses making expenditures for work force training; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.16 RCW; providing an effective date; and declaring an emergency.

Referred to Committee on Labor and Workforce Development.

 

SB 5720             by Senators Shin, Sheahan, Kohl-Welles, Finkbeiner, Prentice, Horn, T. Sheldon, Kline, Jacobsen, West and Oke

 

AN ACT Relating to real estate research; amending RCW 43.79A.040; adding new sections to chapter 18.85 RCW; providing an effective date; and providing expiration dates.

Referred to Committee on Higher Education.

 

SB 5721             by Senators Heavey and McCaslin

 

AN ACT Relating to workers' compensation coverage for a member or manager of a limited liability company; and amending RCW 51.12.020.

Referred to Committee on Judiciary.

 

SB 5722             by Senators Fraser, Long, Haugen, Kline, Fairley, Wojahn, Thibaudeau, Prentice and Kohl-Welles

 

AN ACT Relating to department of transportation expenditures for environmental retrofit projects; and adding a new section to chapter 47.28 RCW.

Referred to Committee on Transportation.

 

SB 5723             by Senators Sellar, Zarelli, Johnson, Rossi, Finkbeiner, Benton, Hochstatter, Stevens, Long, Hale, McDonald, Honeyford, Swecker, Oke, McCaslin and West

 

AN ACT Relating to classified employee cost-of-living adjustments; creating a new section; and making appropriations.

Referred to Committee on Ways and Means.

 

SB 5724             by Senators Swecker, Fraser, Bauer and Snyder

 

AN ACT Relating to relinquishment of water rights; and amending RCW 90.14.140.

Referred to Committee on Environmental Quality and Water Resources.

 

SB 5725             by Senators Heavey, Hochstatter, Gardner, Winsley and McCaslin

 

AN ACT Relating to bids on public works; and amending RCW 39.30.060.

Referred to Committee on State and Local Government.

 

SB 5726             by Senators Wojahn, Hochstatter and Benton

 

AN ACT Relating to notice requirements of general or specialty contractors; and amending RCW 18.27.114 and 18.27.080.

Referred to Committee on Labor and Workforce Development.

 

SB 5727             by Senators Kline, Gardner, Goings, Costa, McCaslin and Rasmussen

 

AN ACT Relating to the benefits of an ex spouse in the law enforcement officers' and fire fighters' retirement system; and amending RCW 41.26.160 and 41.26.162.

Referred to Committee on Ways and Means.

 

SB 5728             by Senators Winsley, Haugen, McCaslin and Hale

 

AN ACT Relating to proposed bond issues; amending RCW 7.25.010, 7.25.020, 7.25.030, and 7.25.040; and adding a new section to chapter 7.25 RCW.

Referred to Committee on State and Local Government.

 

SB 5729             by Senators Rasmussen and Swecker

 

AN ACT Relating to standards for location of certain solid waste landfills; amending RCW 70.95.060; and declaring an emergency.

Referred to Committee on Environmental Quality and Water Resources.

 

SB 5730             by Senators Rasmussen and Swecker

 

AN ACT Relating to financial responsibility requirements for operators of solid waste landfills; amending RCW 70.95.215; and declaring an emergency.

Referred to Committee on Environmental Quality and Water Resources.

 

SB 5731             by Senator Snyder

 

AN ACT Relating to municipal officers' interest in contracts; amending RCW 42.23.030, 42.23.040, 42.23.050, and 42.23.060; creating a new section; and prescribing penalties.

Referred to Committee on State and Local Government.

 

SB 5732             by Senators Goings, Winsley, T. Sheldon, Honeyford, Eide, Fairley, Kline, Franklin, Prentice, Heavey, Roach, Costa, Gardner, Oke, Rasmussen and Kohl-Welles

 

AN ACT Relating to admitting law enforcement officers of the department of fish and wildlife into the law enforcement officers' and fire fighters' retirement system; reenacting and amending RCW 41.26.030; and creating a new section.

Referred to Committee on Ways and Means.

 

SB 5733             by Senators Honeyford, Costa, Long, Sheahan, Hargrove and Hochstatter

 

AN ACT Relating to sealing juvenile records; and amending RCW 13.50.050.

Referred to Committee on Human Services and Corrections.

 

SB 5734             by Senators Bauer, Deccio, Franklin, Rasmussen, B. Sheldon, McAuliffe, Spanel, Rossi, Brown, Snyder, Fairley, Wojahn, Heavey, Thibaudeau, Shin, T. Sheldon, Eide, Goings, Loveland, Jacobsen, Prentice, Haugen, Fraser, Gardner, Kline and Kohl-Welles

 

AN ACT Relating to Mother Joseph day; and amending RCW 1.16.050.

Referred to Committee on State and Local Government.

 

SB 5735             by Senators Finkbeiner, T. Sheldon, Shin, Loveland, McDonald, Johnson, Jacobsen and West

 

AN ACT Relating to telecommunications competition; amending RCW 80.01.060, 80.36.300, 80.36.135, and 80.36.330; adding new sections to chapter 80.36 RCW; creating a new section; prescribing penalties; and declaring an emergency.

Referred to Committee on Energy, Technology and Telecommunications.

 

SB 5736             by Senators Prentice, Winsley, Heavey, Shin and Fairley

 

AN ACT Relating to insurance liability; amending RCW 48.30.010; adding new sections to chapter 48.30 RCW; and prescribing penalties.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

 

SCR 8406          by Senators Snyder, McCaslin, Franklin and Goings

 

Resolving to determine whether or not the legislature should commence proceedings to remove Judge Grant Anderson from office.

 

Referred to Committee on Judiciary.

MOTION


      At 12:02 p.m., on motion of Senator Goings, the Senate adjourned until 10:00 a.m., Friday, February 5, 1999.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate