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THIRTY-SEVENTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, February 16, 1993
The Senate was called to order at 10:00 a.m. by President Pro Tempore Wojahn. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Amondson, Erwin, Fraser and Sutherland. On motion of Senator Spanel, Senator Sutherland was excused. On motion of Senator Oke, Senators Amondson and Erwin were excused.
The Sergeant at Arms Color Guard, consisting of Pages Sarah Fish and Matthew Cooper, presented the Colors. Reverend Roger Balsley, pastor of the Cathedral of Praise 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
February 15, 1993
SB 5439 Prime Sponsor, Senator McCaslin: Adding two members to the utilities and transportation commission. Reported by Committee on Energy and Utilities
MAJORITY recommendation: Do pass. Signed by Senators Sutherland, Chairman; Jesernig, Vice Chairman; Hochstatter, McCaslin, Owen, A. Smith, Vognild, West, and Williams.
Referred to Committee on Ways and Means.
February 15, 1993
SJM 8001 Prime Sponsor, Senator Sutherland: Requesting amending the Copyright Act to address current situations. Reported by Committee on Energy and Utilities
MAJORITY recommendation: Do pass. Signed by Senators Sutherland, Chairman; Jesernig, Vice Chairman; Amondson, Hochstatter, McCaslin, Owen, Roach, A. Smith, Vognild, West, and Williams.
Passed to Committee on Rules for second reading.
MESSAGE FROM THE HOUSE
February 15, 1993
MR. PRESIDENT:
The House has passed:
HOUSE BILL NO. 1075,
HOUSE BILL NO. 1097, and the same are herewith transmitted.
MARILYN SHOWALTER, Deputy Chief Clerk
INTRODUCTION AND FIRST READING
SB 5812 by Senators Hargrove and Winsley
AN ACT Relating to student records for school use; and amending RCW 28A.600.475.
Referred to Committee on Education.
SB 5813 by Senators Loveland and Drew
AN ACT Relating to alcoholic beverage control; and amending RCW 66.08.180.
Referred to Committee on Law and Justice.
SB 5814 by Senators Winsley and Fraser
AN ACT Relating to a conservation permit program for use of state park facilities; amending RCW 4.24.210; adding new sections to chapter 43.51 RCW; and prescribing penalties.
Referred to Committee on Ecology and Parks.
SB 5815 by Senators West and Moyer
AN ACT Relating to seizure and forfeiture; and amending RCW 69.50.505.
Referred to Committee on Law and Justice.
SB 5816 by Senators Niemi and Pelz
AN ACT Relating to automobile insurance territorial rating; and adding a new section to chapter 48.19 RCW.
Referred to Committee on Labor and Commerce.
SB 5817 by Senators Haugen and Vognild
AN ACT Relating to elections; amending RCW 29.07.095, 29.07.160, 29.10.020, 29.13.010, 29.13.020, 29.36.120, and 29.36.160; adding a new section to chapter 29.10 RCW; and prescribing penalties.
Referred to Committee on Government Operations.
SB 5818 by Senator Vognild
AN ACT Relating to the dates for holding elections; and amending RCW 29.13.010 and 29.13.020.
Referred to Committee on Government Operations.
SB 5819 by Senators Haugen, Vognild and Quigley
AN ACT Relating to voting by mail; amending RCW 29.36.120 and 29.36.160; and prescribing penalties.
Referred to Committee on Government Operations.
SB 5820 by Senators Fraser, Deccio, Skratek and M. Rasmussen
AN ACT Relating to the water resources policy commission; creating new sections; providing an expiration date; and declaring an emergency.
Referred to Committee on Energy and Utilities.
SB 5821 by Senator Loveland (by request of Department of Community Development)
AN ACT Relating to the public works board; amending RCW 43.155.070; providing an effective date; and declaring an emergency.
Referred to Committee on Government Operations.
SB 5822 by Senator Fraser (by request of Office of Financial Management)
AN ACT Relating to mines; adding new sections to chapter 78.44 RCW; repealing RCW 78.44.110; and declaring an emergency.
Referred to Committee on Natural Resources.
SB 5823 by Senator Rinehart (by request of Office of Financial Management
AN ACT Relating to funding for the state auditor's office; amending RCW 43.09.230 and 43.09.270; providing an effective date; and declaring an emergency.
Referred to Committee on Government Operations.
SB 5824 by Senators Moore and Quigley (by request of Office of Financial Management)
AN ACT Relating to abolition of the state professional athletic commission; amending RCW 67.08.002, 67.08.007, 67.08.010, 67.08.015, 67.08.030, 67.08.040, 67.08.050, 67.08.055, 67.08.060, 67.08.080, 67.08.090, 67.08.100, 67.08.110, 67.08.120, 67.08.130, 67.08.140, and 67.08.170; adding a new section to chapter 67.08 RCW; creating new sections; repealing RCW 67.08.001, 67.08.003, 67.08.005, and 67.08.009; providing an effective date; and declaring an emergency.
Referred to Committee on Government Operations.
SB 5825 by Senators Owen and Winsley
AN ACT Relating to wild mushroom sales; amending RCW 15.90.010, 15.90.020, 15.90.030, 15.90.040, and 15.90.060; adding new sections to chapter 15.90 RCW; decodifying RCW 15.90.901; repealing RCW 15.90.900; and prescribing penalties.
Referred to Committee on Natural Resources.
SB 5826 by Senators Skratek and Erwin
AN ACT Relating to the membership of the transportation improvement board; reenacting and amending RCW 47.26.121; providing an effective date; and declaring an emergency.
Referred to Committee on Transportation.
SB 5827 by Senators Moore, Franklin and M. Rasmussen
AN ACT Relating to the sale of mobile homes and mobile home parks; and adding a new chapter to Title 64 RCW.
Referred to Committee on Labor and Commerce.
SB 5828 by Senators Bauer, Prince, Sheldon and Wojahn
AN ACT Relating to vocational education; amending RCW 28C.10.020, 28C.10.084, 28C.10.120, and 43.84.092; and repealing RCW 28C.10.910.
Referred to Committee on Higher Education.
SB 5829 by Senators Moore and Prince
AN ACT Relating to mortgage brokers, associate mortgage brokers, and loan originators; amending RCW 19.146.005, 19.146.010, 19.146.020, 19.146.030, 19.146.070, and 19.146.110; adding new sections to chapter 19.146 RCW; creating a new section; prescribing penalties; providing an effective date; and providing an expiration date.
Referred to Committee on Labor and Commerce.
SB 5830 by Senators Talmadge and Niemi
AN ACT Relating to chronically disabled, chemically dependent persons; amending RCW 70.96A.020 and 66.08.120; adding new sections to chapter 70.96A RCW; adding a new chapter to Title 82 RCW; creating a new section; and providing an effective date.
Referred to Committee on Health and Human Services.
SB 5831 by Senators Barr, Sutherland and McCaslin
AN ACT Relating to specifying that payments to building owners authorized under RCW 19.27A.035 are available only if the primary heat source of a structure is electricity; amending RCW 19.27A.035; and creating a new section.
Referred to Committee on Energy and Utilities.
SB 5832 by Senator Barr
AN ACT Relating to disposition of animals; and adding new sections to chapter 16.52 RCW.
Referred to Committee on Agriculture.
SB 5833 by Senator Hargrove
AN ACT Relating to sea urchin fishery endorsements; amending RCW 75.30.210; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Natural Resources.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
HB 1075 by Representatives Padden, Appelwick, Ludwig and Johanson
Updating references in probate and trust law to the Internal Revenue Code.
Referred to Committee on Law and Justice.
HB 1097 by Representatives Jacobsen, Brumsickle, R. Fisher, Anderson, Ogden, Basich, Sheldon, Romero, Vance, Wang, Leonard, Shin, Edmondson, Foreman, Wood, Ballard, Brough, Long, Kessler, Miller, Talcott, Wolfe, Sommers, Tate, Cooke, Springer and Forner (by request of Office of Financial Management, Washington State Historical Society and State Capital Historical Association)
Consolidating the state capital historical association and the state historical society.
Referred to Committee on Government Operations.
MOTIONS
On motion of Senator Jesernig, the Committee on Natural Resources was relieved of further consideration of Senate Bill No. 5687.
On motion of Senator Jesernig, Senate Bill No. 5687 was referred to the Committee on Ways and Means.
On motion of Senator Jesernig, the Committee on Health and Human Services was relieved of further consideration of Senate Bill No. 5776 and Senate Bill No. 5806.
On motion of Senator Jesernig, Senate Bill No. 5776 and Senate Bill No. 5806 were referred to the Committee on Ways and Means.
On motion of Senator Jesernig, the Committee on Labor and Commerce was relieved of further consideration of Senate Bill No. 5704.
On motion of Senator Jesernig, Senate Bill No. 5704 was referred to the Committee on Law and Justice.
MOTION
On motion of Senator Jesernig, the Senate reverted to the sixth order of business.
STATEMENT FOR THE JOURNAL
As previously notified, I was absent during the Tuesday, February 16, 1993, Senate Session. The following bills were voted on and I would like my vote of 'aye' to be put on the record for these bills: Substitute Senate Bill No. 5048, Senate Bill No. 5094, Engrossed Senate Bill No. 5018, Senate Bill No. 5309, Senate Bill No. 5426 and Senate Bill No. 5128.
Sincerely,
SENATOR DEAN SUTHERLAND, 17th District
SECOND READING
SENATE BILL NO. 5048, by Senator Haugen
Revising bidding practices of municipalities.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5048 was substituted for Senate Bill No. 5048 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5048 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5048.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5048 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.
Absent: Senator Fraser - 1.
Excused: Senators Amondson, Erwin and Sutherland - 3.
SUBSTITUTE SENATE BILL NO. 5048, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5094, by Senator McCaslin
Changing provisions relating to incorporation elections.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5094 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5094.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5094 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Sutherland - 1.
SENATE BILL NO. 5094, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5018, by Senator Nelson
Allowing service of process on a marital community by serving either spouse.
The bill was read the second time.
MOTIONS
On motion of Senator Adam Smith, the following Committee on Law and Justice amendment was adopted:
On page 2, line 34, after "one" strike "spouse" and insert "or both spouses"
On motion of Senator Adam Smith, the rules were suspended, Engrossed Senate Bill No. 5018 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5018.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5018 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Sutherland - 1.
ENGROSSED SENATE BILL NO. 5018, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5309, by Senator Owen
Modifying provisions relating to exchange of urban land for land bank land.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Senate Bill No. 5309 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5309.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5309 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Talmadge, Vognild, von Reichbauer, West, Williams and Wojahn - 45.
Voting nay: Senators Barr and Cantu - 2.
Absent: Senator Winsley - 1.
Excused: Senator Sutherland - 1.
SENATE BILL NO. 5309, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5426, by Senators Loveland, Newhouse, Vognild and Prince (by request of Department of Transportation)
Consolidating gross weight permit authority.
The bill was read the second time.
MOTION
On motion of Senator Loveland, the rules were suspended, Senate Bill No. 5426 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5426.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5426 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Sutherland - 1.
SENATE BILL NO. 5426, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5128, by Senators Moore, Newhouse, Snyder and Amondson
Raising keg registration container size requirements from four to five and one-half gallons.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, Senate Bill No. 5128 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5128.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5128 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 9; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Haugen, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 39.
Voting nay: Senators Anderson, Cantu, Erwin, Hargrove, Hochstatter, Nelson, Oke, Roach and von Reichbauer - 9.
Excused: Senator Sutherland - 1.
SENATE BILL NO. 5128, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Jesernig, the Senate advanced to the ninth order of business.
MOTION
On motion of Senator Jesernig, Senate Bill No. 5812, which was referred to the Committee on Education on today's Introduction and First Reading Calendar, was referred to Committee on Law and Justice.
MOTION
At 10:40 a.m., on motion of Senator Jesernig, the Senate was declared to be at ease.
The Senate was called to order at 11:58 a.m. by President Pro Tempore Wojahn.
MOTION
At 11:58 a.m., on motion of Senator Jesernig, the Senate adjourned until 1:30 p.m., Wednesday, February 17, 1993.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate