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FORTY-SEVENTH DAY

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NOON SESSION

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Senate Chamber, Olympia, Friday, February 26, 1993

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

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 24, 1993

SB 5028 Prime Sponsor, Senator Haugen: Prohibiting additives for on-site sewage disposal systems. Reported by Committee on Ways and Means

MAJORITY recommendation: Do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Cantu, Hargrove, Hochstatter, Jesernig, Moyer, Quigley, Snyder, Sutherland, Talmadge, West, and Williams.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5120 Prime Sponsor, Senator A. Smith: Changing provisions relating to consumer protection. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Rinehart, and Spanel.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5121 Prime Sponsor, Senator A. Smith: Requiring disclosure to consumers of relative costs of leasing and purchasing automobiles. Reported by Committee on Law and Justice

MAJORITY recommendation: That Substitute Senate Bill No. 5121 be substituted therefor, and the substitute bill do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Rinehart, Roach, and Spanel.

Passed to Committee on Rules for second reading.

February 24, 1993

SB 5236 Prime Sponsor, Senator Fraser: Modifying certification of public water supply system operators. Reported by Committee on Ways and Means

Passed to Committee on Rules for second reading.

February 23, 1993

SB 5241 Prime Sponsor, Senator Vognild: Making certain powers and duties of the gambling commission permissive. Reported by Committee on Labor and Commerce

MAJORITY recommendation: Do pass. Signed by Senators Moore, Chairman; Amondson, Barr, Fraser, McAuliffe, Newhouse, Pelz, and Vognild.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5256 Prime Sponsor, Senator Sutherland: Restricting the use of city or town facilities to advocate for or against an annexation. Reported by Committee on Government Operations

MAJORITY recommendation: That Substitute Senate Bill No. 5256 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, Oke, and Winsley.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5263 Prime Sponsor, Senator M. Rasmussen: Regulating the marketing of milk. Reported by Committee on Agriculture

MAJORITY recommendation: That Substitute Senate Bill No. 5263 be substituted therefor, and the substitute bill 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.

February 23, 1993

SB 5316 Prime Sponsor, Senator Moore: Regulating private moorage facilities. Reported by Committee on Labor and Commerce

MAJORITY recommendation: That Substitute Senate Bill No. 5316 be substituted therefor, and the substitute bill do pass. Signed by Senators Moore, Chairman; Amondson, Barr, Cantu, Fraser, McAuliffe, Newhouse, Pelz, Sutherland, Vognild, and Wojahn.

Passed to Committee on Rules for second reading.

February 24, 1993

SB 5358 Prime Sponsor, Senator Pelz: Creating an appropriated real estate education account. Reported by Committee on Ways and Means

Passed to Committee on Rules for second reading.

February 24, 1993

SB 5405 Prime Sponsor, Senator Pelz: Raising the minimum dollar amount requiring competitive bidding by school districts. Reported by Committee on Education

MAJORITY recommendation: That Substitute Senate Bill No. 5405 be substituted therefor, and the substitute bill do pass. Signed by Senators Pelz, Chairman; McAuliffe, Vice Chairman; Gaspard, M. Rasmussen, Rinehart, Skratek, A. Smith, and Winsley.

Passed to Committee on Rules for second reading.

February 23, 1993

SB 5535 Prime Sponsor, Senator Vognild: Taxing large trucks. Reported by Committee on Transportation

MAJORITY recommendation: That Substitute Senate Bill No. 5535 be substituted therefor, and the substitute bill do pass. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Skratek, Vice Chairman; Barr, Drew, Nelson, Oke, Prince, M. Rasmussen, Sellar, Sheldon, and Winsley.

Passed to Committee on Rules for second reading.

February 23, 1993

SB 5613 Prime Sponsor, Senator Erwin: Making appointment of the director of the Washington traffic safety commission subject to the consent of the senate. Reported by Committee on Transportation

MAJORITY recommendation: Do pass as amended. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Skratek, Vice Chairman; Drew, Nelson, Oke, Prince, M. Rasmussen, Sellar, Sheldon, von Reichbauer, and Winsley.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5625 Prime Sponsor, Senator Prentice: Prohibiting the death penalty for the mentally retarded. Reported by Committee on Law and Justice

MAJORITY recommendation: That Substitute Senate Bill No. 5625 be substituted therefor, and the substitute bill do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, Niemi, Rinehart, and Spanel.

Passed to Committee on Rules for second reading.

February 23, 1993

SB 5632 Prime Sponsor, Senator Vognild: Establishing a license plate design. Reported by Committee on Transportation

MAJORITY recommendation: Do pass as amended. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Skratek, Vice Chairman; Drew, Haugen, Nelson, M. Rasmussen, Sheldon, and Winsley.

MINORITY recommendation: Do not pass as amended. Signed by Senator Oke.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5634 Prime Sponsor, Senator Bauer: Requiring state agencies to submit interagency disputes to arbitration before filing lawsuits. Reported by Committee on Government Operations

MAJORITY recommendation: That Substitute Senate Bill No. 5634 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, Oke, and Winsley.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5645 Prime Sponsor, Senator Spanel: Restricting property divisions. Reported by Committee on Government Operations

MAJORITY recommendation: Do pass. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, and Winsley.

MINORITY recommendation: Do not pass. Signed by Senator Oke.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5649 Prime Sponsor, Senator Quigley: Removing the expiration date for Washington state support registry employer reporting. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Rinehart, Roach, and Spanel.

Passed to Committee on Rules for second reading.

February 23, 1993

SB 5693 Prime Sponsor, Senator Vognild: Authorizing exemptions from county vehicle license fees. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Skratek, Vice Chairman; Barr, Drew, Nelson, Oke, Prince, M. Rasmussen, Sellar, Sheldon, von Reichbauer, and Winsley.

Passed to Committee on Rules for second reading.

February 23, 1993

SB 5694 Prime Sponsor, Senator Snyder: Lowering the age for use of an out-of-state license or learner's permit. Reported by Committee on Transportation

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5696 Prime Sponsor, Senator Haugen: Authorizing the department of retirement systems to be divided into three divisions. Reported by Committee on Government Operations

MAJORITY recommendation: Do pass. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, Oke, von Reichbauer, and Winsley.

Passed to Committee on Rules for second reading.

February 24, 1993

SB 5720 Prime Sponsor, Senator Rinehart: Repealing the natural resources conservation areas stewardship account endowment. Reported by Committee on Ways and Means

MAJORITY recommendation: Do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Hargrove, Hochstatter, Jesernig, Moyer, Quigley, Snyder, Sutherland, Talmadge, West, and Williams.

Passed to Committee on Rules for second reading.

February 24, 1993

SB 5744 Prime Sponsor, Senator Haugen: Changing provisions concerning streets that are part of the state highway system. Reported by Committee on Transportation

MAJORITY recommendation: That Substitute Senate Bill No. 5744 be substituted therefor, and the substitute bill do pass. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Skratek, Vice Chairman; Barr, Haugen, Nelson, Oke, Prince, M. Rasmussen, Sheldon, von Reichbauer, and Winsley.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5751 Prime Sponsor, Senator Haugen: Authorizing rural partial-county library districts. Reported by Committee on Government Operations

MAJORITY recommendation: That Substitute Senate Bill No. 5751 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, Oke, von Reichbauer, and Winsley.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5752 Prime Sponsor, Senator Prentice: Creating the citizen councilor program. Reported by Committee on Government Operations

MAJORITY recommendation: Be referred to Committee on Education without recommendation. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, Oke, and Winsley.

MINORITY recommendation: Do not pass. Signed by Senator von Reichbauer.

Referred to Committee on Education.

February 25, 1993

SB 5753 Prime Sponsor, Senator Snyder: Creating a new judgeship for Cowlitz County. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Rinehart, Roach, and Spanel.

Referred to Committee on Ways and Means.

February 25, 1993

SB 5755 Prime Sponsor, Senator Snyder: Providing state flags and mementos for certain official purposes. Reported by Committee on Government Operations

MAJORITY recommendation: That Substitute Senate Bill No. 5755 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, Oke, and Winsley.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5780 Prime Sponsor, Senator Sutherland: Authorizing the board of boiler rules to prescribe extended inspection schedules for power boilers. Reported by Committee on Energy and Utilities

MAJORITY recommendation: Do pass as amended. Signed by Senators Sutherland, Chairman; Jesernig, Vice Chairman; Amondson, Hochstatter, McCaslin, Roach, A. Smith, Vognild, West, and Williams.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5784 Prime Sponsor, Senator A. Smith: Communicating with a minor for immoral purposes. Reported by Committee on Law and Justice

MAJORITY recommendation: That Substitute Senate Bill No. 5784 be substituted therefor, and the substitute bill do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Roach, and Spanel.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5791 Prime Sponsor, Senator A. Smith: Changing child support provisions. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Rinehart, Roach, and Spanel.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5821 Prime Sponsor, Senator Loveland: Modifying public works board loan restrictions. Reported by Committee on Government Operations

MAJORITY recommendation: That Substitute Senate Bill No. 5821 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, Oke, von Reichbauer, and Winsley.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5831 Prime Sponsor, Senator Barr: Limiting certain payments by electrical utilities to owners of residences in which the primary heat source is electric resistance space heat. Reported by Committee on Energy and Utilities

MAJORITY recommendation: Do pass as amended. Signed by Senators Sutherland, Chairman; Amondson, Hochstatter, McCaslin, Roach, A. Smith, Vognild, West, and Williams.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5838 Prime Sponsor, Senator Sutherland: Creating an energy siting process review committee. Reported by Committee on Energy and Utilities

MAJORITY recommendation: Do pass. Signed by Senators Sutherland, Chairman; Jesernig, Vice Chairman; Amondson, Hochstatter, McCaslin, Roach, A. Smith, Vognild, West, and Williams.

Passed to Committee on Rules for second reading.

February 24, 1993

SB 5841 Prime Sponsor, Senator Moyer: Requiring an outreach campaign on shaken baby syndrome. Reported by Committee on Health and Human Services

MAJORITY recommendation: Do pass. Signed by Senators Talmadge, Chairman; Wojahn, Vice Chairman; Deccio, Erwin, Franklin, Fraser, Hargrove, McAuliffe, Moyer, Sheldon, and Winsley.

Passed to Committee on Rules for second reading.

February 25, 1993

SB 5850 Prime Sponsor, Senator M. Rasmussen: Clarifying definitions relating to farmers. Reported by Committee on Agriculture

MAJORITY recommendation: That Substitute Senate Bill No. 5850 be substituted therefor, and the substitute bill do pass. Signed by Senators M. Rasmussen, Chairman; Loveland, Vice Chairman; Anderson, Barr, Bauer, Newhouse, and Snyder.

Referred to Committee on Ways and Means.

February 25, 1993

SJM 8016 Prime Sponsor, Senator M. Rasmussen: Requesting investigation and reporting on the E. Coli outbreak. Reported by Committee on Agriculture

MAJORITY recommendation: That Substitute Senate Bill No. 8016 be substituted therefor, and the substitute bill 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.

February 25, 1993

SJM 8017 Prime Sponsor, Senator Jesernig: Requesting the United States Department of Energy to support the Fast Flux Test Facility at Hanford. Reported by Committee on Energy and Utilities

MAJORITY recommendation: Do pass. Signed by Senators Sutherland, Chairman; Jesernig, Vice Chairman; Amondson, Hochstatter, McCaslin, Roach, A. Smith, Vognild, and West.

Passed to Committee on Rules for second reading.

February 25, 1993

SCR 8406 Prime Sponsor, Senator M. Rasmussen: Creating a committee for agricultural housing and benefits. 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.

REPORT OF STANDING COMMITTEE

GUBERNATORIAL APPOINTMENT

February 25, 1993

GA 9127 CAPTAIN ROGER BRUETT, appointed January 13, 1993, for a term ending at the Governor's pleasure, as Chief of the Washington State Patrol.

Reported by Committee on Transportation

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Skratek, Vice Chairman; Barr, Drew, Nelson, Oke, Prince, M. Rasmussen, Sellar, Sheldon, von Reichbauer, and Winsley.

Passed to Committee on Rules.

REPORT OF SELECT COMMITTEE

STATE OF WASHINGTON

HIGHER EDUCATION COORDINATING BOARD

917 Lakeridge Way - PO Box 43430

Olympia, Washington 98504-3430

February 12, 1993

Marty Brown

Secretary of the Senate

306 Legislative Building

Olympia, Washington 98504-0482

Dear Mr. Brown:

The 52nd Legislature passed Substitute House Bill No. 1196 which directed Washington State University to prepare a proposal to establish a Center for Environmental and Molecular Sciences at the Tri-Cities branch campus. The bill also directed the Higher Education Coordinating Board to review the proposal and make a recommendation to the Governor and Legislature regarding a) whether to establish the Center, and, if so, b) what the long-term development of the Center should be.

On January 22, 1992, the Higher Education Coordinating Board adopted Resolution 92-7 which found that the Center required a strategic plan. The Board encouraged WSU to submit a revised proposal including a strategic plan in conjunction with its biennial budget request.

On January 28, 1993, the Board adopted the enclosed report reviewing the WSU revised proposal, which incorporated additional information but did not include a strategic plan. Therefore, the Board has requested that WSU convene a Policy Council, prepare a strategic plan for the Center by Fall 1994, and pursue opportunities for federal funding of hazardous waste research.

The Board supports the establishment of a Center for Environmental and Molecular Sciences at WSU Tri-Cities. If you have any questions about the report, please contact Katrina Meyer, HECB staff, at 586-2520, SCAN 321-2520.

Sincerely,

JAMES C. SAINSBURY, Acting Executive Director

The Select Committee Report is on file in the Office of the Secretary of the Senate.

INTRODUCTION AND FIRST READING

SB 5926 by Senators Deccio, McCaslin, Amondson, Sellar and Hochstatter

AN ACT Relating to certificates of competency for electricians; and amending RCW 19.28.530.

Referred to Committee on Labor and Commerce.

SB 5927 by Senators Snyder, Talmadge, Niemi, Moore, Williams, Spanel, Hargrove and A. Smith (by request of Employment Security Department)

AN ACT Relating to extended benefits for unemployment compensation; and amending RCW 50.22.010, 50.22.020, 50.22.030, and 50.22.050.

Referred to Committee on Labor and Commerce.

SB 5928 by Senators Anderson and M. Rasmussen

AN ACT Relating to protection of agricultural lands from flood damage; amending RCW 36.70A.060, 36.70A.070, 36.70A.170, 75.20.100, 75.20.103, 75.20.130, 79.90.150, 79.90.300, 86.15.030, 86.15.050, 86.15.160, 86.26.105, and 90.58.180; adding new sections to chapter 75.20 RCW; adding a new section to chapter 79.90 RCW; creating a new section; repealing RCW 79.90.325; and declaring an emergency.

Referred to Committee on Natural Resources.

SB 5929 by Senators Snyder, Skratek, Hargrove and Roach

AN ACT Relating to salmon enhancement; amending RCW 75.50.100; and adding new sections to chapter 75.08 RCW.

Referred to Committee on Natural Resources.

SB 5930 by Senators Snyder, Skratek and Hargrove

AN ACT Relating to providing for the construction of transportation-related tourism and outdoor recreation facilities; adding a new section to chapter 47.80 RCW; adding a new chapter to Title 43 RCW; and making an appropriation.

Referred to Committee on Trade, Technology and Economic Development.

SB 5931 by Senators Snyder, Skratek and Hargrove

AN ACT Relating to the coastal economic recovery account; and adding a new chapter to Title 43 RCW.

Referred to Committee on Trade, Technology and Economic Development.

SB 5932 by Senators Snyder, Skratek and Hargrove

AN ACT Relating to coastal economic recovery; creating new sections; and making appropriations.

Referred to Committee on Trade, Technology and Economic Development.

SB 5933 by Senators Snyder, Skratek and Hargrove

AN ACT Relating to razor clam hatcheries; adding a new section to chapter 75.24 RCW; creating a new section; and making an appropriation.

Referred to Committee on Natural Resources.

SB 5934 by Senators Snyder, Skratek and Hargrove

AN ACT Relating to coastal economic recovery; creating new sections; and making an appropriation.

Referred to Committee on Trade, Technology and Economic Development.

SB 5935 by Senators Bluechel, Skratek and Cantu

AN ACT Relating to patent policy at the Washington technology center; adding a new section to chapter 28B.20 RCW; and declaring an emergency.

Referred to Committee on Trade, Technology and Economic Development.

SB 5936 by Senators Deccio and Talmadge

AN ACT Relating to conversion of residential habilitation centers; amending RCW 71A.20.020; adding a new section to chapter 74.09 RCW; and creating a new section.

Referred to Committee on Health and Human Services.

SB 5937 by Senators Quigley, Snyder, Gaspard, von Reichbauer, Vognild, A. Smith, Rinehart, McAuliffe, Drew, Hargrove, Sheldon, Loveland, Haugen, Erwin, Sutherland, Jesernig, Skratek, Spanel, Niemi, Roach, Hochstatter and Deccio

AN ACT Relating to inclusion in the statutory seven percent debt limitation of indebtedness for which the state treasury is reimbursed for the principal and interest payments on the indebtedness; reenacting and amending RCW 39.42.060; providing an effective date; and declaring an emergency.

Referred to Committee on Ways and Means.

SJM 8020 by Senators Snyder, Skratek and Hargrove

Petitioning the federal government for coastal economic recovery investment.

Referred to Committee on Trade, Technology and Economic Development.

SJM 8021 by Senators Williams, McCaslin, Fraser, Talmadge, M. Rasmussen, Moore, Deccio, Sutherland, Barr and Franklin

Requesting federal assistance with implementing the safe drinking water act.

Referred to Committee on Ecology and Parks.

POINT OF INQUIRY

Senator Anderson: "Senator Jesernig, Senate Bill No. 5928 signed by Senator Anderson and then Senator Rasmussen, the chair of the Agriculture Committee--Protecting agricultural lands from flood damage--is going to the Committee on Natural Resources?"

Senator Jesernig: "Yes, Senator Anderson, this is exactly the same bill that was introduced earlier and went to Natural Resources with about three words changed, to take out relative lands to agricultural lands. It is essentially the same bill that is already in Natural Resources."

Senator Anderson: "Senator Jesernig, the intent section focused in on agriculture and at the request of the chairman, we had hoped that this would go to Agriculture."

Senator Jesernig: "This is the decision of the caucus, the decision of leadership, that this bill would go to Natural Resources as the other bill is, and that is where it is going to be going."

Senator Anderson: "Thank you for that clarification, Senator Jesernig."

MOTION

At 12:04 p.m., on motion of Senator Jesernig, the Senate adjourned until 12:00 noon, Monday, March 1, 1993.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate