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SIXTEENTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, January 26, 1993
The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senator Moore.
The Sergeant at Arms Color Guard, consisting of Pages Deema Long and Travis Hogman, presented the Colors. Reverend Dr. Bruce Armstrong, pastor of the Lacey Presbyterian Church of Lacey, offered the prayer.
MOTION
On motion of Senator Jesernig, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
January 22, 1993
SB 5041 Prime Sponsor, Senator Haugen: Authorizing counties that choose to plan under the Growth Management Act to require relocation assistance for low-income tenants. Reported by Committee on Government Operations
MAJORITY recommendation: Do pass. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, Oke, Owen, von Reichbauer, and Winsley.
Passed to Committee on Rules for second reading.
January 22, 1993
SB 5052 Prime Sponsor, Senator A. Smith: Removing the requirement that town council meetings be held within the town limits. Reported by Committee on Government Operations
MAJORITY recommendation: That Substitute Senate Bill No. 5052 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, Oke, Owen, von Reichbauer, and Winsley.
Passed to Committee on Rules for second reading.
January 22, 1993
SB 5053 Prime Sponsor, Senator A. Smith: Requiring the department of licensing to collect the local vessel excise tax on behalf of the counties. Reported by Committee on Government Operations
MAJORITY recommendation: Do pass. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, Oke, Owen, and Winsley.
Passed to Committee on Rules for second reading.
January 25, 1993
SB 5219 Prime Sponsor, Senator M. Rasmussen: Modifying provisions regarding the Washington wine commission. Reported by Committee on Agriculture
MAJORITY recommendation: Do pass. Signed by Senators M. Rasmussen, Chairman; Loveland, Vice Chairman; Anderson, Barr, Bauer, Newhouse, and Snyder.
Passed to Committee on Rules for second reading.
INTRODUCTION AND FIRST READING
SB 5365 by Senators Snyder, Winsley and Bauer
AN ACT Relating to voluntary payroll deductions for political committees; and reenacting and amending RCW 41.04.230.
Referred to Committee on Law and Justice.
SB 5366 by Senators Pelz, West, Talmadge, McAuliffe, Oke, Sheldon, A. Smith, Moyer and Quigley
AN ACT Relating to funding of tobacco education; adding a new section to chapter 82.24 RCW; adding new sections to chapter 43.70 RCW; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Health and Human Services.
SB 5367 by Senators Hargrove, L. Smith, M. Rasmussen, Bauer, Newhouse, Loveland and Anderson
AN ACT Relating to veterinary medicine; amending RCW 18.92.015, 18.92.030, 18.92.060, 18.92.125, 18.92.140, and 18.92.145; and adding a new section to chapter 18.92 RCW.
Referred to Committee on Agriculture.
SB 5368 by Senators Owen, Sutherland, McDonald, Bauer, Nelson, Anderson and Erwin
AN ACT Relating to a sales tax exemption for Washington boats sold to residents of foreign countries; and adding a new section to chapter 82.08 RCW.
Referred to Committee on Ways and Means.
SB 5369 by Senators Haugen, Oke, Owen, Winsley and McDonald
AN ACT Relating to procedures for claims involving constitutional property rights; amending RCW 64.40.010; adding new sections to chapter 64.40 RCW; creating a new section; and repealing RCW 64.40.020 and 64.40.030.
Referred to Committee on Government Operations.
SB 5370 by Senators Vognild, Nelson, Skratek and Talmadge
AN ACT Relating to state highway bonds; and amending RCW 47.10.761 and 47.10.762.
Referred to Committee on Transportation.
SB 5371 by Senators Vognild and Talmadge
AN ACT Relating to highway bonds; and adding new sections to chapter 47.10 RCW.
Referred to Committee on Transportation.
SB 5372 by Senators Loveland and Winsley
AN ACT Relating to taxation; amending RCW 9.46.110, 28A.315.440, 35.49.130, 36.21.011, 46.44.175, 82.01.090, 84.08.130, 84.08.140, 84.12.360, 84.12.370, 84.16.090, 84.16.120, 84.16.130, 84.33.130, 84.34.230, 84.36.381, 84.38.040, 84.40.0301, 84.40.045, 84.40.080, 84.40.090, 84.40.170, 84.41.070, 84.44.010, 84.48.010, 84.48.050, 84.48.080, 84.48.110, 84.48.120, 84.48.150, 84.52.018, 84.55.005, 84.56.023, 84.56.340, 84.60.020, 84.60.050, 84.69.020, and 84.70.010
Referred to Committee on Government Operations.
SB 5373 by Senators Gaspard, Oke, Bauer, Barr, von Reichbauer and Winsley (by request of Legislative Budget Committee)
AN ACT Relating to changing the name of the legislative budget committee to the joint committee on performance audits; and amending RCW 19.02.885, 26.23.0401, 28A.630.830, 28B.15.766, 28B.20.382, 28B.102.900, 39.29.016, 39.29.018, 41.06.070, 42.48.060, 43.09.310, 43.79.270, 43.79.280, 43.88.020, 43.88.160, 43.88.205, 43.88.230, 43.88.310, 43.88.510, 43.131.050, 43.131.060, 43.131.070, 43.131.080, 43.131.110, 43.136.030, 43.136.040, 43.136.050, 43.163.900, 43.250.080, 44.28.010, 44.28.050, 44.28.060, 44.28.085, 44.28.086, 44.28.087, 44.28.140, 44.40.025, 44.70.010, 49.78.210, 67.70.310, 70.95E.070, 70.127.901, 74.09.415, 74.21.070, 74.21.140, 79.01.006, 88.46.920, and 90.48.465.
Referred to Committee on Ways and Means.
SB 5374 by Senators von Reichbauer, Oke, Wojahn, Bauer, Barr, Hochstatter and Winsley (by request of Legislative Budget Committee)
AN ACT Relating to hospice agencies; and amending RCW 70.127.050.
Referred to Committee on Health and Human Services.
SB 5375 by Senators Bauer, Wojahn, Barr, Oke, Rinehart, von Reichbauer and Winsley (by request of Legislative Budget Committee)
AN ACT Relating to personal service contracts; amending RCW 39.29.003 and 39.29.006; and adding new sections to chapter 39.29 RCW.
Referred to Committee on Government Operations.
SB 5376 by Senators Wojahn, Oke, Barr and Winsley (by request of Legislative Budget Committee)
AN ACT Relating to the economic development finance authority; amending RCW 42.17.2401; reenacting and amending RCW 42.17.310; and repealing RCW 43.163.005, 43.163.010, 43.163.020, 43.163.030, 43.163.040, 43.163.050, 43.163.060, 43.163.070, 43.163.080, 43.163.090, 43.163.100, 43.163.110, 43.163.120, 43.163.130, 43.163.140, 43.163.150, 43.163.160, 43.163.170, 43.163.180, 43.163.190, 43.163.200, 43.163.900, and 43.163.901.
Referred to Committee on Trade, Technology and Economic Development.
SB 5377 by Senators Bauer, Oke, Wojahn, Barr, von Reichbauer and Winsley (by request of Legislative Budget Committee)
AN ACT Relating to duties of the legislative auditor and the attorney general; and amending RCW 43.88.310.
Referred to Committee on Ways and Means.
SB 5378 by Senators M. Rasmussen, Barr, Loveland and Winsley (by request of Department of Agriculture)
AN ACT Relating to horticultural plants and facilities; amending RCW 15.13.250, 15.13.260, 15.13.270, 15.13.280, 15.13.310, 15.13.320, 15.13.370, 15.13.390, 15.13.400, 15.13.410, 15.13.420, 15.13.430, 15.13.440, 15.13.470, and 15.13.480; and adding new sections to chapter 15.13 RCW.
Referred to Committee on Agriculture.
SB 5379 by Senators M. Rasmussen, Barr, Loveland, Hochstatter and Winsley (by request of Department of Agriculture)
AN ACT Relating to milk and milk products; amending RCW 15.32.010, 15.32.100, 15.32.110, 15.32.160, 15.32.510, 15.32.530, 15.32.580, 15.32.582, 15.32.610, 15.36.040, 15.36.070, 15.36.080, 15.36.100, 15.36.110, 15.36.300, 15.36.345, 15.36.470, 15.36.490, 15.36.500, 15.36.540, and 69.07.040; reenacting and amending RCW 15.36.115; adding new sections to chapter 15.36 RCW; recodifying RCW 15.36.005, 15.36.011, 15.36.040, 15.32.010, 15.36.030, 15.36.055, 15.36.060, 15.36.070, 15.36.080, 15.36.100, 15.32.100, 15.32.110, 15.36.110, 15.36.115, 15.36.120, 15.36.140, 15.36.150, 15.32.160, 15.36.260, 15.36.265, 15.36.300, 15.36.345, 15.32.410, 15.32.420, 15.36.420, 15.32.450, 15.32.460, 15.36.460, 15.36.470, 15.36.480, 15.36.490, 15.36.500, 15.36.510, 15.32.510, 15.36.520, 15.36.530, 15.32.530, 15.36.540, 15.36.550, 15.32.550, 15.32.580, 15.32.582, 15.32.584, 15.32.600, 15.36.600, 15.32.610, 15.32.710, 15.32.720, 15.32.730, 15.32.900, 15.32.910, 15.36.105, and 15.36.107; and repealing RCW 15.32.051, 15.32.060, 15.32.070, 15.32.080, 15.32.090, 15.32.120, 15.32.130, 15.32.140, 15.32.150, 15.32.220, 15.32.250, 15.32.260, 15.32.330, 15.32.340, 15.32.360, 15.32.380, 15.32.430, 15.32.440, 15.32.490, 15.32.500, 15.32.540, 15.32.560, 15.32.570, 15.32.590, 15.32.620, 15.32.630, 15.32.660, 15.32.670, 15.32.680, 15.32.700, 15.32.740, 15.32.750, 15.32.755, 15.32.760, 15.32.770, 15.32.780, 15.32.790, 15.36.020, 15.36.075, 15.36.090, 15.36.155, 15.36.160, 15.36.165, 15.36.170, 15.36.175, 15.36.180, 15.36.185, 15.36.190, 15.36.195, 15.36.200, 15.36.205, 15.36.210, 15.36.215, 15.36.220, 15.36.225, 15.36.230, 15.36.235, 15.36.240, 15.36.245, 15.36.250, 15.36.255, 15.36.270, 15.36.280, 15.36.320, 15.36.325, 15.36.330, 15.36.335, 15.36.340, 15.36.350, 15.36.355, 15.36.360, 15.36.365, 15.36.370, 15.36.375, 15.36.380, 15.36.385, 15.36.390, 15.36.395, 15.36.400, 15.36.405, 15.36.410, 15.36.415, 15.36.425, 15.36.430, 15.36.440, 15.36.580, 15.36.590, 15.36.595, and 15.36.900.
Referred to Committee on Agriculture.
SB 5380 by Senators Prentice, West, Pelz, Winsley, A. Smith, L. Smith, Snyder, Roach, Owen, Talmadge, Skratek, Niemi, Haugen, Spanel, Drew, Moyer, Jesernig, Sutherland, Rinehart, Williams, Vognild, Sheldon, Loveland, Hargrove, M. Rasmussen, Bauer, Gaspard, Wojahn, Sellar, Quigley and McAuliffe
AN ACT Relating to collective bargaining for Washington state patrol officers; and amending RCW 41.56.475.
Referred to Committee on Labor and Commerce.
SB 5381 by Senators Vognild, Newhouse, Deccio, Hochstatter, Sellar and Erwin
AN ACT Relating to operation of overheight loads; and amending RCW 46.44.0941.
Referred to Committee on Transportation.
SB 5382 by Senators Vognild and Amondson
AN ACT Relating to the collection of allowable fees in connection with delinquent debts, repossessions, and foreclosures; and amending RCW 31.04.105.
Referred to Committee on Labor and Commerce.
SB 5383 by Senators Vognild and Amondson
AN ACT Relating to the amounts of credit life insurance and credit disability insurance that consumer loan companies may make in connection with open-end loans; and amending RCW 31.04.115.
Referred to Committee on Labor and Commerce.
SB 5384 by Senators Moore, Newhouse, McAuliffe and Erwin (by request of Department of Licensing)
AN ACT Relating to performance-based compensation of investment advisers; and amending RCW 21.20.030.
Referred to Committee on Labor and Commerce.
SB 5385 by Senators Moore, Newhouse, McAuliffe and Winsley (by request of Department of Licensing)
AN ACT Relating to creating an appropriated uniform commercial code fund; amending RCW 62A.9-409; providing an effective date; and declaring an emergency.
Referred to Committee on Labor and Commerce.
SB 5386 by Senators Wojahn, Moyer, Gaspard, Deccio, Hochstatter and Winsley
AN ACT Relating to the licensure of home health, hospice, and home care agencies under chapter 70.127 RCW; amending RCW 70.127.010, 70.127.040, 70.127.080, 70.127.090, 70.127.100, 70.127.120, 70.127.130, and 70.127.250; adding new sections to chapter 70.127 RCW; creating a new section; repealing RCW 70.127.050, 70.127.160, 70.127.900, and 70.127.901; providing effective dates; and declaring an emergency.
Referred to Committee on Health and Human Services.
SB 5387 by Senators Fraser, Talmadge and Haugen (by request of Department of Ecology)
AN ACT Relating to investment earnings of the water pollution control revolving fund; and amending RCW 90.50A.020 and 43.84.092.
Referred to Committee on Ecology and Parks.
SB 5388 by Senators Jesernig, Prentice, McDonald, Prince, Fraser, Moyer, Deccio, Erwin, Sheldon, Oke and Winsley
AN ACT Relating to sheltered workshops and programs; and amending RCW 43.19.530, 43.19.1908, and 43.19.1911.
Referred to Committee on Health and Human Services.
SB 5389 by Senators Moore and Prentice
AN ACT Relating to selling insurance; and repealing RCW 48.30.075.
Referred to Committee on Labor and Commerce.
SB 5390 by Senators Sutherland, Hochstatter, Deccio, Haugen and Erwin
AN ACT Relating to conservation tariffs allowing transfer of payment obligations to successive property owners; and adding a new section to chapter 80.28 RCW.
Referred to Committee on Energy and Utilities.
SB 5391 by Senators L. Smith, Talmadge, McCaslin, Deccio, Erwin, Moyer, Oke and Winsley
AN ACT Relating to infants exposed to drugs; adding a new chapter to Title 70 RCW; creating a new section; and making an appropriation.
Referred to Committee on Health and Human Services.
SB 5392 by Senators Talmadge, Deccio, Fraser, L. Smith, McCaslin, Moyer, Oke and Winsley
AN ACT Relating to abuse of children and incompetent persons; amending RCW 13.34.110, 13.34.120, 13.34.130, 13.34.145, 13.34.150, 13.34.162, 26.44.020, 26.44.030, 26.44.040, 26.44.063, 26.44.067, and 26.44.100; adding new sections to chapter 13.34 RCW; adding a new section to chapter 26.44 RCW; and prescribing penalties.
Referred to Committee on Health and Human Services.
SB 5393 by Senators Talmadge, Deccio, Niemi, McDonald, Owen, A. Smith, Moore, McAuliffe, Drew, Fraser, L. Smith, Snyder, Moyer, Oke and Winsley
AN ACT Relating to community planning for children, youth, and family services; amending RCW 74.14A.020, 41.06.380, and 13.40.040; adding a new section to Title 28A RCW; adding a new section to chapter 43.63A RCW; adding a new section to chapter 43.70 RCW; adding a new section to chapter 43.41 RCW; adding a new section to chapter 41.06 RCW; adding a new section to chapter 13.40 RCW; adding new sections to chapter 74.14A RCW; creating new sections; and making an appropriation.
Referred to Committee on Health and Human Services.
SB 5394 by Senator Skratek
AN ACT Relating to payment for improvements to regional transportation systems and facilities; and adding a new chapter to Title 47 RCW.
Referred to Committee on Transportation.
SB 5395 by Senators Skratek and Erwin
AN ACT Relating to public involvement in transportation planning; and adding new sections to chapter 47.80 RCW.
Referred to Committee on Transportation.
SB 5396 by Senator Winsley
AN ACT Relating to the education for 2001 program; amending RCW 82.08.020, 28A.150.230, and 28A.150.250; adding new sections to chapter 28A.305 RCW; adding a new section to chapter 43.08 RCW; adding new sections to chapter 28A.630 RCW; adding a new section to chapter 28A.405 RCW; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28A.150 RCW; creating new sections; providing for submission of this act to a vote of the people; and providing an expiration date.
Referred to Committee on Education.
RESOLUTION OF APPOINTMENT
29TH LEGISLATIVE DISTRICT
PIERCE COUNTY COUNCIL
RESOLUTION NO. R93-8
A RESOLUTION OF THE PIERCE COUNTY COUNCIL APPOINTING ROSA FRANKLIN TO THE WASHINGTON STATE SENATE REPRESENTING THE 29th DISTRICT
WHEREAS, a vacancy for the position of Washington State Senator 29th District occurred with the death of Senator Rasmussen; and
WHEREAS, as prescribed by law, the Pierce County Democratic Central Committee has submitted a list of three names of nominees for appointment to the Washington State Senate representing the 29th District; and
WHEREAS, the Council has met and interviewed the three nominees;
NOW THEREFORE, BE IT RESOLVED by the Council of Pierce County:
Section 1. Rosa Franklin is one of the three individuals on the list submitted by the Pierce County Democratic Central Committee, and is highly qualified to fill the vacancy in the Washington State Senate representing the 29th District.
Section 2. Rosa Franklin is hereby appointed to the position of the Washington State Senate representing the 29th District.
PASSED this 25th Day of January, 1993.
PIERCE COUNTY COUNCIL
Pierce County, Washington
GERRI RAINWATER BILL STONER
Clerk of the Council Council Chair
Approved As to Form Only:
KEITH M. BLACK
Chief Civil Deputy
Prosecuting Attorney
INTRODUCTION OF SPECIAL GUEST
The President introduced the Honorable Charles Z. Smith, Justice of the Supreme Court, who was seated on the rostrum.
APPOINTMENT OF SPECIAL COMMITTEE
The President appointed Senators Wojahn and Oke as a committee of honor to escort newly appointed Senator Rosa Franklin to the rostrum.
Justice Charles Z. Smith of the Washington State Supreme Court administered the oath of office to Senator Rosa Franklin.
The committee of honor escorted Senator Rosa Franklin to her seat in the Senate Chamber and the committee was discharged.
MOTION
On motion of Senator Jesernig, the following resolution was adopted:
SENATE RESOLUTION 1993-8604
By Senators Franklin, Oke, Sellar, Haugen, M. Rasmussen, Bauer, Wojahn, Talmadge, Owen, Snyder, Pelz, Sutherland, Williams, Winsley and Quigley
WHEREAS, Equality of all human beings is the fundamental principle upon which our nation was founded; and
WHEREAS, Equal protection of the law is guaranteed to all people by our Constitution; and
WHEREAS, Thurgood Marshall pursued the fight for equality and justice throughout his life with persistence, intelligence, and dignity; and
WHEREAS, Thurgood Marshall, as general counsel for the National Association for the Advancement of Colored People and director of the NAACP Legal Defense and Education Fund for twenty-five years, was the principal architect of the strategy of using the courts to assure African-Americans the full rights of citizenship and in so doing strengthened the rights of all citizens; and
WHEREAS, Thurgood Marshall successfully argued that a racially segregated system of "separate but equal" public education was inherently unequal in the case of Brown v. Board of Education before the United States Supreme Court in 1954, which signaled the beginning of the end of segregation and created new educational opportunity for many in our country; and
WHEREAS, Thurgood Marshall compiled an unparalleled record of success as an advocate and as a judge, including twenty-nine victories in thirty-two cases argued before the United States Supreme Court, and one hundred fifty federal court decisions of which not one was overturned on appeal; and
WHEREAS, Thurgood Marshall served with distinction as a member of the 2nd United States Circuit Court of Appeals from 1961-1965, as Solicitor General of the United States from 1965 until his appointment to the United States Supreme Court in 1967, and as the first African-American Justice of the highest court in the land until his retirement in 1991; and
WHEREAS, Mr. Justice Thurgood Marshall died on Sunday, January 24, 1993, at the age of eighty-four; and
WHEREAS, In his passing our nation and its people have lost a true American hero for the causes of freedom, liberty, and equality;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby honors the life and work of Mr. Justice Thurgood Marshall and recognizes his contribution to the continuing struggle for civil rights; and
BE IT FURTHER RESOLVED, That the Washington State Senate joins with the people of our state in remembering Thurgood Marshall and his legacy.
Senators Jesernig, Franklin, Talmadge and Wojahn spoke to Senate Resolution 1993-8604.
PERSONAL PRIVILEGE
Senator Deccio: "A point of personal privilege, Mr. President. I was admonished by Senator West a few days ago, along with some of the other freshmen, that we needed to do something for the members. On your desk, you have a little can of Tree Top apple juice. The reason why this gift is so significant for me is that the world headquarters for Tree Top, one of the world's largest producers of apple juice is in Selah, a bedroom district of Yakima.
"I need to explain to you that the contents of this can of apple juice--these are made from apples--not the kind you find in the store that are extra fancy and fancy, they are made of C-grade apples. Interestingly enough, these apples don't come from the Yakima Valley, because the Yakima Valley only grows fancies and extra fancies. Wenatchee, for years, has tried to grow fancy and extra fancy apples, but all they can come up with are C-grades. While these world headquarters are in Yakima, the apples are very fine C-grades and come from Wenatchee. Thank you."
Debate ensued.
MOTION
At 10:24 a.m., on motion of Senator Jesernig, the Senate was declared to be at ease.
The Senate was called to order at 11:52 a.m. by President Pritchard.
MOTION
At 11:52 a.m., on motion of Senator Jesernig, the Senate adjourned until 12:00 noon, Wednesday, January 27, 1993.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate