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SIXTEENTH DAY
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NOON SESSION
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Senate Chamber, Olympia, Tuesday, January 25, 2000
The Senate was called to order at 12:00 noon by President Owen. No roll call was taken.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
January 24, 2000
SB 5150 Prime Sponsor, Senator McCaslin: Authorizing county commissioners to be elected by the voters of each commissioner district. Reported by Committee on State and Local Government
MAJORITY recommendation: Do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Horn and McCaslin.
Passed to Committee on Rules for second reading.
January 24, 2000
ESSB 5659 Prime Sponsor, Senate Committee on Judiciary: Changing mandatory arbitration of civil actions. Reported by Committee on Judiciary
MAJORITY Recommendation: That Second Substitute Senate Bill No. 5659 be substituted therefor, and the second substitute bill do pass. Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Hargrove, Haugen, Johnson, Long and McCaslin.
Passed to Committee on Rules for second reading.
January 24, 2000
SB 6010 Prime Sponsor, Senator West: Creating operating fees waivers not supported by state general fund appropriations. Reported by Committee on Higher Education
MAJORITY Recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Horn, Jacobsen, McAuliffe, Sheahan, B. Sheldon and West.
Passed to Committee on Rules for second reading.
January 24, 2000
SB 6106 Prime Sponsor, Senator McCaslin: Providing a procedure to fill temporary vacancies in the legislature due to incapacity. Reported by Committee on State and Local Government
MAJORITY Recommendation: That Substitute Senate Bill No. 6106 be substituted therefor, and the substitute bill do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Haugen and McCaslin.
Passed to Committee on Rules for second reading.
January 24, 2000
SB 6157 Prime Sponsor, Senator Patterson: Modifying the definition of "city" for the multiple-unit dwellings property tax exemption. Reported by Committee on State and Local Government
MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Haugen and Horn.
Referred to Committee on Ways and Means..
January 24, 2000
SB 6186 Prime Sponsor, Senator Heavey: Revising Article 9 of the Uniform Commercial Code. Reported by Committee on Judiciary
MAJORITY Recommendation: That Substitute Senate Bill No. 6186 be substituted therefor, and the substitute bill do pass. Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Hargrove, Haugen, Johnson, Long, McCaslin, Roach and Thibaudeau.
Passed to Committee on Rules for second reading.
January 24, 2000
SB 6190 Prime Sponsor, Senator Patterson: Promoting expeditious resolution of public use disputes in eminent domain proceedings. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Hargrove, Haugen, Long and McCaslin.
Passed to Committee on Rules for second reading.
January 24, 2000
SB 6219 Prime Sponsor, Senator Rasmussen: Authorizing treasurer services for conservation districts. Reported by Committee on Agriculture and Rural Economic Development
MAJORITY Recommendation: That Substitute Senate Bill No. 6219 be substituted therefor, and the substitute bill 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.
January 24, 2000
SB 6248 Prime Sponsor, Senator Heavey: Requiring certification of parking meters. Reported by Committee on State and Local Government
MAJORITY Recommendation: That the bill be referred to the Committee on Judiciary without recommendation. Signed by: Senators Patterson, Chair, Gardner, Vice Chair; Hale, Haugen, Horn and McCaslin.
Referred to Committee on Judiciary.
January 24, 2000
SB 6251 Prime Sponsor, Senator Rasmussen: Regulating horticultural plants and facilities. 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.
January 24, 2000
SB 6252 Prime Sponsor, Senator Rasmussen: Regulating structural pest inspections. 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.
January 24, 2000
SB 6253 Prime Sponsor, Senator Rasmussen: Regulating custom meat slaughter and preparation. 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.
January 24, 2000
SB 6254 Prime Sponsor, Senator Rasmussen: Modifying the taxation of natural or manufactured gas. Reported by Committee on Agriculture and Rural Economic Development
MAJORITY Recommendation: That Substitute Senate Bill No. 6254 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Rasmussen, Chair; T. Sheldon, Vice Chair; Gardner, Honeyford, Morton, Prentice, Snyder, Stevens and Swecker.
Referred to Committee on Ways and Means.
January 24, 2000
SB 6274 Prime Sponsor, Senator Patterson: Harmonizing procedures for replacement absentee and mail ballots. Reported by Committee on State and Local Government
MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Horn and McCaslin.
Passed to Committee on Rules for second reading.
January 24, 2000
SB 6276 Prime Sponsor, Senator Snyder: Authorizing inclusion of cities and towns within emergency medical service districts. Reported by Committee on State and Local Government
MAJORITY Recommendation: That Substitute Senate Bill No. 6276 be substituted therefor, and the substitute bill do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Horn and McCaslin.
Passed to Committee on Rules for second reading.
January 24, 2000
SB 6280 Prime Sponsor, Senator Haugen: Reporting on archaeology and historic preservation. Reported by Committee on State and Local Government
MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Horn and McCaslin.
Passed to Committee on Rules for second reading.
January 24, 2000
SB 6295 Prime Sponsor, Senator Heavey: Changing garnishment proceedings. Reported by Committee on Judiciary
MAJORITY Recommendation: That Substitute Senate Bill No. 6295 be substituted therefor, and the substitute bill do pass. Signed by Senators Heavey, Chair; Costa, Goings, Hargrove, Haugen, Long, McCaslin and Thibaudeau.
Passed to Committee on Rules for second reading.
January 24, 2000
SB 6310 Prime Sponsor, Senator Gardner: Increasing government accountability through the state sunset review process. Reported by Committee on State and Local Government
MAJORITY Recommendation: That Substitute Senate Bill No. 6310 be substituted therefor, and the substitute bill do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Horn and McCaslin.
Passed to Committee on Rules for second reading.
January 24, 2000
SB 6379 Prime Sponsor, Senator Heavey: Disallowing financial awards against administrative tribunals. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Haugen, Johnson, Long, McCaslin and Thibaudeau.
Passed to Committee on Rules for second reading.
January 24, 2000
SB 6436 Prime Sponsor, Senator Patterson: Prohibiting the display of wild and exotic animals for public entertainment or amusement. Reported by Committee on Agriculture and Rural Economic Development
MAJORITY Recommendation: That the bill be referred to Committee on Commerce, Trade, Housing and Financial Institutions Signed by Senators Rasmussen, Chair; T. Sheldon, Vice Chair; Gardner, Honeyford, Morton, Prentice and Snyder.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
January 24, 2000
SB 6542 Prime Sponsor, Senator Kline: Providing for citizen enforcement of health and environmental laws. Reported by Committee on Judiciary
MAJORITY Recommendation: That the bill be referred to Committee on Environmental Quality and Water Resources without recommendation. Signed by Senators Heavey, Chair; Kline, Vice Chair; Goings, Costa, Haugen, Johnson, Long, McCaslin, Roach and Thibaudeau.
Referred to Committee on Environmental Quality and Water Resources..
January 24, 2000
SJR 8207 Prime Sponsor, Senator McCaslin: Extending length of legislative terms. Reported by Committee on State and Local Government
MAJORITY Recommendation: Do pass. Signed by Senators Gardner, Vice Chair; Hale, Horn and McCaslin.
Passed to Committee on Rules for second reading.
January 24, 2000
SCR 8418 Prime Sponsor, Senator Hargrove: Reviewing state sentencing policy. Reported by Committee on Judiciary
MAJORITY Recommendation: That Substitute Senate Concurrent Resolution No. 8418 be substituted therefor, and the substitute concurrent resolution do pass. Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Haugen, Long, McCaslin and Thibaudeau.
Referred to Committee on Ways and Means.
January 24, 2000
SCR 8422 Prime Senator, Senator T. Sheldon: Creating a committee to improve tribal relations. Reported by Committee on Judiciary
MAJORITY Recommendation: That Substitute Senate Concurrent Resolution No. 8422 be substituted therefor, and the substitute concurrent resolution do pass. Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Hargrove, Haugen, Long, McCaslin and Thibaudeau.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Betti Sheldon, Senate Concurrent Resolution No. 8418 was referred to the Committee on Ways and Means.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
January 24, 2000
GA 9215 JOHN AUSTIN, appointed July 26, 1999, for a term ending April 15, 2004, as Chair of the Indeterminate Sentence Review Board.
Reported by Committee on Judiciary
MAJORITY Recommendation: That said appointment b confirmed. Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Haugen, Johnson, Long, McCaslin, Roach and Thibaudeau.
Passed to the Committee on Rules.
January 24, 2000
GA 9304 MARTY BROWN, appointed November 20, 1999, for a term ending at the pleasure of the Governor, as Director of the Office of Financial Management.
Reported by Committee on Ways and Means
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Loveland, Chair; Brown, Vice Chair; Fairley, Kohl-Welles, Long, Rasmussen, Rossi, Snyder, Spanel, Thibaudeau, Winsley and Wojahn.
Passed to the Committee on Rules.
January 24, 2000
GA 9305 CHARLIE BRYDON, appointed January 3, 2000, for a term ending March 1, 2005, as Chair of the Board of Tax Appeals.
Reported by Committee on Ways and Means
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Loveland, Chair; Brown, Vice Chair; Fairley, Kline, Kohl-Welles, Long, Rasmussen, Rossi, Snyder, Spanel, Thibaudeau, Winsley and Wojahn.
Passed to the Committee on Rules.
MESSAGE FROM STATE ACTUARY
WASHINGTON STATE LEGISLATURE
OFFICE OF THE STATE ACTUARY
Gerald B. Allard, State Actuary
January 20, 2000
Senator Valoria Loveland, Chair, Senate Ways and Means Committee
Representative Tom Huff, Co-Chair, House Appropriations Committee
Representative Helen Sommers, Co-Chair, House Appropriations Committee
Mr. Tony Cook, Secretary of the Senate
Mr. Tim Martin, Co-Chief Clerk of the House of Representatives
Ms. Cynthia Zehnder, Co-Chief Clerk of the House of Representatives
I am pleased to provide the results of the “Higher Education Retirement Plan Study” to the 2000 Legislature. This report is in response to the legislative directive contained in Section 105 of Engrossed Substitute Senate Bill No. 5180 (Chapter 309, Laws of 1999).
The focus of this study was two-fold. First, to determine the level of retirement benefits which can reasonably be expected in light of contributions currently being made to the state Higher Education Retirement Plans (HERP). Second, to explore the impact of allowing part time faculty to participate in HERP. Specifically, the Legislature directed this office to evaluate whether participants who worked less than full time would be more likely to qualify for the state-funded Supplemental Benefit than full time participants.
We will be pleased to answer any questions and provide additional information if desired.
Sincerely,
GERALD B. ALLARD, State Actuary
The State Actuary Report on the “Higher Education Retirement Plan Study” is on file in the Office of the Secretary of the Senate.
MESSAGE FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENT
August 23, 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.
Nancy Truitt Pierce, to be reappointed October 1, 1999, for a term ending September 30, 2004, as a member of the Board of Trustees for Everett Community College District No. 5.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Higher Education.
INTRODUCTION AND FIRST READING
SB 6716 by Senators McCaslin, Patterson, Horn, Haugen, Kline, Benton, Franklin, Oke, Rasmussen, Winsley and Hale
AN ACT Relating to creating the growth management infrastructure account; reenacting and amending RCW 43.84.092; adding a new section to chapter 36.70A RCW; creating a new section; and providing an effective date.
Referred to Committee on State and Local Government.
SB 6717 by Senator Hochstatter
AN ACT Relating to payment of wages; and amending RCW 49.46.020.
Referred to Committee on Labor and Workforce Development.
SB 6718 by Senators Thibaudeau, Horn, Patterson, Costa, Kohl-Welles, Kline and Jacobsen
AN ACT Relating to a sales and use tax for regional transit authorities; adding a new section to chapter 82.14 RCW; creating a new section; and providing an expiration date.
Referred to Committee on Transportation.
SB 6719 by Senator Morton
AN ACT Relating to allotments by the state board of education for school plant facilities; and amending RCW 28A.525.168.
Referred to Committee on Education.
SB 6720 by Senators Rasmussen, Stevens, Honeyford, Swecker, Loveland and Snyder
AN ACT Relating to the Washington state beef commission; amending RCW 16.67.040, 16.67.090, 16.67.100, 16.67.110, 16.67.120, 16.67.122, and 16.67.130; and repealing RCW 16.67.150.
Referred to Committee on Agriculture and Rural Economic Development.
SB 6721 by Senator Patterson (by request of State Board for Community and Technical Colleges)
AN ACT Relating to the office of financial management's budgeting, accounting, and reporting requirements for state agencies; and amending RCW 43.88.160.
Referred to Committee on State and Local Government.
SB 6722 by Senators Hargrove, Snyder, Stevens, Rasmussen and Oke
AN ACT Relating to false reports of child abuse or neglect; amending RCW 26.44.020 and 26.44.031; and adding a new section to chapter 26.44 RCW.
Referred to Committee on Human Services and Corrections.
SB 6723 by Senators Thibaudeau, Costa and Kohl-Welles
AN ACT Relating to assault pay for juvenile rehabilitation community counselors; and amending RCW 72.01.045.
Referred to Committee on Human Services and Corrections.
SB 6724 by Senators Hale, Loveland, Rossi, West, Snyder and Rasmussen
AN ACT Relating to exempting privatization contracts for the treatment of radioactive waste and hazardous substances from property taxes; and adding a new section to chapter 84.36 RCW.
Referred to Committee on Ways and Means.
SB 6725 by Senators Hochstatter, Swecker, Sheahan, Honeyford and Oke.
AN ACT Relating to freezing unemployment insurance benefits and contributions; amending RCW 50.24.010, 50.29.025, and 50.20.120; creating new sections; providing an expiration date; and declaring an emergency.
Referred to Committee on Labor and Workforce Development.
SB 6726 by Senators Honeyford, Jacobsen, Swecker, Hochstatter, Roach, Stevens and Hale
AN ACT Relating to clarifying water right permit processing; adding a new section to chapter 90.03 RCW; and adding a new section to chapter 90.44 RCW.
Referred to Committee on Environmental Quality and Water Resources.
SB 6727 by Senators McCaslin and Horn
AN ACT Relating to payment of benefits for judges; and amending RCW 2.08.092 and 2.06.062.
Referred to Committee on Judiciary.
SB 6728 by Senators T. Sheldon, Morton, Rasmussen and Oke
AN ACT Relating to public utility rights of way on aquatic lands; and amending RCW 79.90.470.
Referred to Committee on Natural Resources, Parks and Recreation.
SB 6729 by Senator Finkbeiner
AN ACT Relating to teacher assessment for certification; adding new sections to chapter 28A.410 RCW; creating a new section; repealing RCW 28A.410.020; and providing an effective date.
Referred to Committee on Education.
SB 6730 by Senators Goings, Rossi, Costa, Kohl-Welles, Rasmussen and Oke.
AN ACT Relating to participation in health care authority insurance plans and contracts by surviving spouses and dependent children of emergency service personnel killed in the line of duty; amending RCW 41.05.011, 41.05.011, and 41.05.080; providing an effective date; and providing an expiration date.
Referred to Committee on Ways and Means.
SB 6731 by Senators Spanel and Gardner
AN ACT Relating to Lake Whatcom; and creating a new section.
Referred to Committee on Natural Resources, Parks and Recreation.
SB 6732 by Senators Spanel, Haugen and Sellar
AN ACT Relating to tourism-related facilities; and amending RCW 67.28.080.
Referred to Committee on State and Local Government.
SB 6733 by Senators Goings and Rasmussen
AN ACT Relating to the refusal to take a breathalyzer test; amending RCW 46.63.020; reenacting and amending RCW 46.20.308; adding a new section to chapter 46.61 RCW; and prescribing penalties.
Referred to Committee on Judiciary.
SB 6734 by Senator Costa
AN ACT Relating to coverage of patient costs for participation in clinical trials; adding new sections to chapter 48.43 RCW; and creating a new section.
Referred to Committee on Health and Long-Term Care.
SB 6735 by Senators Fraser, Kline and Thibaudeau
AN ACT Relating to infertility diagnosis and treatment; and adding a new section to chapter 48.43 RCW.
Referred to Committee on Health and Long-Term Care.
SB 6736 by Senators Haugen, Goings, Sheahan, Fairley and Rasmussen (by request of Washington State Patrol)
AN ACT Relating to surplus balance investment earnings; reenacting and amending RCW 43.79A.040, 43.84.092, 43.84.092, and 43.84.092; providing an effective date; and providing an expiration date.
Referred to Committee on Ways and Means.
SB 6737 by Senators Goings, Costa and Rasmussen (by request of Washington State Patrol)
AN ACT Relating to submission of unidentified persons information; and amending RCW 68.50.330.
Referred to Committee on Judiciary.
SB 6738 by Senators Goings and Rasmussen (by request of Washington State Patrol)
AN ACT Relating to fire sprinkler systems; and amending RCW 18.160.030 and 18.160.040.
Referred to Committee on State and Local Government.
SB 6739 by Senators Goings, Sheahan, Winsley and Costa (by request of Washington State Patrol)
AN ACT Relating to missing persons record retention policies; and amending RCW 68.50.320.
Referred to Committee on Judiciary.
SB 6740 by Senators Fraser, Long, Hale, Kohl-Welles and Rasmussen (by request of Washington State Patrol)
AN ACT Relating to service credit for a member of the Washington state patrol retirement system during paid leave of absence; adding a new section to chapter 43.43 RCW; and creating a new section.
Referred to Committee on Ways and Means.
SB 6741 by Senators Horn, Fairley, Winsley and Oke (by request of Washington State Patrol)
AN ACT Relating to the organized crime advisory board; and amending RCW 43.43.858.
Referred to Committee on Judiciary.
SJR 8216 by Senators McCaslin and Horn
Amending the state Constitution with respect to judge salaries and benefits.
Referred to Committee on Judiciary.
MOTION
At 12:04 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Wednesday, January 26, 2000.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate