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SIXTY-SECOND DAY


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MORNING SESSION


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Senate Chamber, Olympia, Saturday, March 13, 1993

     The Senate was called to order at 8:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Bluechel, Deccio, McCaslin and Niemi. On motion of Senator Oke, Senators Bluechel, Deccio and McCaslin were excused. On motion of Senator Spanel, Senator Niemi was excused.

     The Sergeant at Arms Color Guard, consisting of Pages Charryse Birge and Mike Chong, presented the Colors. Reverend Charles Leps, pastor of the Gloria Dei Lutheran Church of Olympia, 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.


REPORT OF STANDING COMMITTEE


March 12, 1993

SB 5306          Prime Sponsor, Senator Pelz: Reforming education. Reported by Committee on Ways and Means


     MAJORITY recommendation: That Second Substitute Senate Bill No. 5306 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Gaspard, Hargrove, Jesernig, Moyer, Owen, Pelz, Snyder, Sutherland, Williams, and Wojahn.


     Passed to Committee on Rules for second reading.


MESSAGE FROM THE GOVERNOR


March 12, 1993


TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

     I have the honor to advise you that on March 12, 1993, Governor Lowry approved the following Senate Bills entitled:

     SENATE BILL NO. 5166

     Relating to refunding revenue bonds for the department of transportation.

     SENATE BILL NO. 5956

     Relating to establishing a commission on ethics in government and

     campaign practices.

Sincerely,

ED FLEISHER, Legal Counsel to the Governor


MESSAGES FROM THE HOUSE


March 11, 1993


MR. PRESIDENT:

     The House has passed:

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1059,

     HOUSE BILL NO. 1130,

     HOUSE BILL NO. 1244,

     HOUSE BILL NO. 1246,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1249,

     HOUSE BILL NO. 1255,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1259,

     HOUSE BILL NO. 1395,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1500,

     SUBSTITUTE HOUSE BILL NO. 1528,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1603,

     SUBSTITUTE HOUSE BILL NO. 1612,

     HOUSE BILL NO. 1651,

     HOUSE BILL NO. 1689,

     SUBSTITUTE HOUSE BILL NO. 1721,

     SUBSTITUTE HOUSE BILL NO. 1728,

     SUBSTITUTE HOUSE BILL NO. 1741,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1761,

     HOUSE BILL NO. 1764,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1768,

     HOUSE BILL NO. 1769,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1818,

     HOUSE BILL NO. 1833,

     SUBSTITUTE HOUSE BILL NO. 1844,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1849,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1897,

     SUBSTITUTE HOUSE BILL NO. 1910,

     SUBSTITUTE HOUSE BILL NO. 1941,

     HOUSE BILL NO. 1943,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1957,

     SUBSTITUTE HOUSE BILL NO. 1976,

     HOUSE BILL NO. 1985, and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk


March 11, 1993


MR. PRESIDENT:

     The House has passed:

     ENGROSSED HOUSE BILL NO. 1177,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1369,

     HOUSE BILL NO. 1495,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1509,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1512,

     SUBSTITUTE HOUSE BILL NO. 1520,

     SUBSTITUTE HOUSE BILL NO. 1580,

     SUBSTITUTE HOUSE BILL NO. 1619,

     SUBSTITUTE HOUSE BILL NO. 1681,

     SUBSTITUTE HOUSE BILL NO. 1737,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1820,

     SUBSTITUTE HOUSE BILL NO. 1977,

     HOUSE BILL NO. 1993,

     HOUSE BILL NO. 2029,

     HOUSE BILL NO. 2066,

     HOUSE JOINT MEMORIAL NO. 4013, and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk


March 11, 1993


MR. PRESIDENT:

     The House has passed:

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1085,

     SUBSTITUTE HOUSE BILL NO. 1183,

     SUBSTITUTE HOUSE BILL NO. 1221,

     SUBSTITUTE HOUSE BILL NO. 1469,

     HOUSE BILL NO. 1521,

     HOUSE BILL NO. 1530,

     SUBSTITUTE HOUSE BILL NO. 1544,

     SUBSTITUTE HOUSE BILL NO. 1566,

     SUBSTITUTE HOUSE BILL NO. 1578,

     SUBSTITUTE HOUSE BILL NO. 1602,

     SUBSTITUTE HOUSE BILL NO. 1673,

     ENGROSSED HOUSE BILL NO. 1756,

     SUBSTITUTE HOUSE BILL NO. 1808,

     HOUSE BILL NO. 1812,

     SUBSTITUTE HOUSE BILL NO. 1914,

     SUBSTITUTE HOUSE BILL NO. 1931,

     HOUSE BILL NO. 1956,

     SUBSTITUTE HOUSE BILL NO. 1973,

     SUBSTITUTE HOUSE BILL NO. 2023, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


March 11, 1993


MR. PRESIDENT:

     The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1997, and the same is herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

ESHB 1059     by House Committee on Judiciary (originally sponsored by Representatives Franklin, Scott, Anderson, R. Fisher, Thibaudeau, Ludwig, Pruitt, Jacobsen, Flemming, J. Kohl, Wineberry, Riley, G. Cole, Forner, Appelwick, Johanson, Karahalios and Wang)

 

Revising provisions relating to areas where weapons are restricted.

 

Referred to Committee on Law and Justice.

 

ESHB 1085     by House Committee on Transportation (originally sponsored by Representatives R. Fisher, Jacobsen, Pruitt, Romero, J. Kohl, Leonard, Basich, Shin, Wood, Dunshee, R. Meyers, Brough, Kessler, Johanson and Wolfe)

 

Authorizing institutions of higher education to develop and fund transportation demand management programs.

 

Referred to Committee on Transportation.

 

HB 1130          by Representatives Ludwig, Riley, Ballasiotes, Basich, Brough and Orr (by request of Washington State Patrol)

 

Modifying furlough notification requirements.

 

Referred to Committee on Law and Justice.

 

EHB 1177       by Representatives Jacobsen, R. Fisher, Dunshee, King, Johanson, R. Meyers, J. Kohl, Springer and Orr

 

Requiring an evaluation of the potential for wildlife enhancement projects on state rights of way.

 

Referred to Committee on Transportation.

 

SHB 1183       by House Committee on Judiciary (originally sponsored by Representatives Chappell, Brumsickle, Riley, Tate, Sehlin, Ludwig, H. Myers, Johanson, Brough, Van Luven, R. Meyers, Ballard, Padden, Sheahan, Talcott, Roland, Long, Holm, Wang, Ballasiotes, Mielke, Wood, Foreman and Vance)

 

Making it a crime for a person under age twenty-one to be under the influence of intoxicating liquor or drugs in public.

 

Referred to Committee on Law and Justice.

 

SHB 1221       by House Committee on Appropriations (originally sponsored by Representatives G. Cole, Ballard, Flemming, Jacobsen, Veloria, Cothern, Dellwo, Thibaudeau, Appelwick, Johanson, Orr, Scott, Ballasiotes, Silver, Lisk, Leonard, Cooke, J. Kohl, L. Johnson, Mielke and Kremen)

 

Centralizing poison information services.

 

Referred to Committee on Health and Human Services.

 

HB 1244          by Representatives Franklin, Heavey, King, G. Cole, Springer, Jones and Veloria

 

Providing for payments for time lost from work while attending a medical examination for industrial insurance.

 

Referred to Committee on Labor and Commerce.

 

HB 1246          by Representatives G. Cole, Heavey, King, Franklin, Jones, Veloria and Johanson

 

Revising provisions for maintaining employee benefits for temporarily disabled workers.

 

Referred to Committee on Labor and Commerce.

 

ESHB 1249     by House Committee on Appropriations (originally sponsored by Representatives Heavey, King, Franklin, Orr, G. Cole, Jones, Veloria, Johanson and R. Meyers)

 

Increasing industrial insurance partial disability awards.

 

Referred to Committee on Labor and Commerce.

 

HB 1255          by Representatives Dellwo, Morris, Dyer, Flemming and Wood (by request of Department of Health)

 

Requiring podiatric physicians and surgeons to have one year of postgraduate podiatric medical training.

 

Referred to Committee on Health and Human Services.

 

ESHB 1259     by House Committee on Judiciary (originally sponsored by Representatives Locke, Appelwick, J. Kohl, Wang, Reams, Veloria, Johanson, L. Johnson, Flemming and Pruitt)

 

Allowing for the destruction of forfeited firearms.

 

Referred to Committee on Law and Justice.

 

ESHB 1369     by House Committee on Higher Education (originally sponsored by Representatives Jacobsen, Brumsickle, Quall, Pruitt, Wood, Basich, G. Cole, Carlson, Orr, Bray, Rayburn, Finkbeiner, Flemming, Kessler, J. Kohl, Shin, Campbell, Lemmon, Johanson, Jones and L. Johnson)

 

Changing provisions relating to vocational education.

 

Referred to Committee on Higher Education.

 

HB 1395          by Representatives Scott, Long, G. Cole, Riley, Johanson, Leonard, Ogden, King and Locke

 

Allowing counties to impose additional marriage license fees for funding family services.

 

Referred to Committee on Health and Human Services.

 

SHB 1469       by House Committee on Corrections (originally sponsored by Representatives L. Johnson, Morris, Long and Thibaudeau)

 

Clarifying that the department of social and health services is not required to reimburse certain health care costs under the limited casualty program.

 

Referred to Committee on Health and Human Services.

 

HB 1495          by Representatives Dorn, Brough, Ogden, Rayburn, G. Cole, Springer and G. Fisher

 

Changing local effort assistance distribution.

 

Referred to Committee on Education.

 

ESHB 1500     by House Committee on Health Care (originally sponsored by Representatives R. Johnson, Dyer, L. Johnson and Mastin)

 

Modifying hearing aid regulatory authority.

 

Referred to Committee on Health and Human Services.

 

ESHB 1509     by House Committee on Appropriations (originally sponsored by Representatives Locke, Sommers, Silver, Jacobsen, Ludwig and Bray)

 

Increasing flexibility of institutions of higher education.

 

Referred to Committee on Higher Education.

 

ESHB 1512     by House Committee on Human Services (originally sponsored by Representatives Brough, Leonard, Chappell, Romero, Veloria, Riley, Karahalios, Horn, Wolfe, Ballasiotes, Talcott, G. Cole, Flemming and J. Kohl)

 

Changing provisions relating to dependent children.

 

Referred to Committee on Health and Human Services.

 

SHB 1520       by House Committee on Education (originally sponsored by Representatives Holm, Brumsickle, Wolfe, Chappell, Sheldon, Romero, Dorn, Basich, Kessler, Jones, Zellinsky, Pruitt, Brough, Cothern, Riley, King, R. Meyers, Rayburn and Quall) (by request of Superintendent of Public Instruction)

 

Expanding the use of skill centers.

 

Referred to Committee on Education.

 

HB 1521          by Representative Valle (by request of Office of Financial Management)

 

Funding the state auditor municipal corporation division.

 

Referred to Committee on Government Operations.

 

SHB 1528       by House Committee on Appropriations (originally sponsored by Representatives Dunshee, Locke and R. Meyers) (by request of Office of Financial Management)

 

Modifying the state's cash management system.

 

Referred to Committee on Ways and Means.

 

HB 1530          by Representatives Morris, Foreman, Springer, Ogden, Carlson, Riley, Silver, Leonard, Chappell, H. Myers, Rayburn, Mastin, Thibaudeau, Anderson, Holm, Campbell, Brough, King, Hansen, Jones, Basich, Quall, Conway, Van Luven, Cothern, Long and Finkbeiner

 

Providing for continuation of property tax exemptions for senior citizens confined in hospitals and nursing homes.

 

Referred to Committee on Health and Human Services.

 

SHB 1544       by House Committee on Judiciary (originally sponsored by Representatives Appelwick and Johanson)

 

Requiring that criminal penalties set by cities and counties be the same as those set in state law.

 

Referred to Committee on Law and Justice.

 

SHB 1566       by House Committee on Judiciary (originally sponsored by Representative H. Myers)

 

Changing who gives notice of estate tax findings filings.

 

Referred to Committee on Law and Justice.

 

SHB 1578       by House Committee on Corrections (originally sponsored by Representatives L. Johnson, Morris, G. Cole, Padden, Riley, Edmondson, Mastin, Johanson, Jones, Basich, King, Valle, Campbell, Long, Shin, Springer, Karahalios, Roland, Rayburn, Conway, Kremen, Ogden, Cothern and H. Myers) (by request of Department of Corrections)

 

Revising provisions relating to offenders under the jurisdiction of the department of corrections.

 

Referred to Committee on Law and Justice.

 

SHB 1580       by House Committee on Higher Education (originally sponsored by Representatives Quall, Brumsickle, Jacobsen, Bray, Rayburn, Finkbeiner, Kessler, J. Kohl, Shin, G. Fisher, Springer, Romero, R. Johnson, Linville and Basich)

 

Requiring strategies to shorten time to degree and improve graduation rates.

 

Referred to Committee on Higher Education.

 

SHB 1602       by House Committee on Education (originally sponsored by Representatives Chappell, Cothern and Thomas) (by request of Superintendent of Public Instruction)

 

Changing election provisions for regional committee members.

 

Referred to Committee on Education.

 

ESHB 1603     by House Committee on Higher Education (originally sponsored by Representatives Locke, Jacobsen, Quall, Shin, R. Johnson, Zellinsky, Pruitt, Carlson, Jones, Basich, Wang, Patterson, Thibaudeau, R. Meyers, Kessler, Bray, Campbell, Dorn, G. Fisher, Springer, Karahalios, Roland, Eide, Sheldon, Finkbeiner, Ogden, Orr, Wineberry, Veloria, Morris, Hansen and Wolfe)

 

Reforming higher education tuition and financial aid.

 

Referred to Committee on Higher Education.

 

SHB 1612       by House Committee on Appropriations (originally sponsored by Representatives Morton, King, Basich, Kremen, Sheldon, Foreman, Fuhrman, Chandler and Padden)

 

Testing the feasibility of remote site incubators for salmon enhancement.

 

Referred to Committee on Natural Resources.

 

SHB 1619       by House Committee on Higher Education (originally sponsored by Representatives Shin, Jacobsen, Campbell, Finkbeiner, Sheldon, J. Kohl, Wood, Schoesler, Veloria, Dorn, G. Cole, Forner, Wineberry, Heavey, Edmondson, Cothern, Long, Horn, Pruitt, Quall, Basich and King)

 

Creating the Washington Task Force on International Education and Cultural Exchanges.

 

Referred to Committee on Higher Education.

 

HB 1651          by Representatives Anderson, Reams, Campbell, Valle, King, Pruitt and Jacobsen

 

Removing the sunset provisions from the naturopathy statutes.

 

Referred to Committee on Health and Human Services.

 

SHB 1673       by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Roland, Eide, Vance, Brough, Campbell, Wang, Jacobsen, Patterson and Forner)

 

Creating the aerospace industry legislative task force.

 

Referred to Committee on Trade, Technology and Economic Development.

 

SHB 1681       by House Committee on State Government (originally sponsored by Representatives Eide, Dyer, Pruitt, Vance, Kessler, Locke, G. Fisher, Anderson, Roland, Zellinsky, Brough, Jones, R. Meyers, Dorn, Leonard, Finkbeiner, J. Kohl and Johanson)

 

Requiring a statement of responsibility to accompany political advertising.

 

Referred to Committee on Law and Justice.

 

HB 1689          by Representatives Chappell, Springer, Appelwick, Riley, Campbell, Brough, Basich, J. Kohl and Johanson

 

Making it a misdemeanor to impersonate a law enforcement officer.

 

Referred to Committee on Law and Justice.

 

SHB 1721       by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives R. Meyers, Dorn, Zellinsky, Wang, Reams, G. Fisher, H. Myers and Mielke)

 

Authorizing jointly administered health and welfare benefits trusts for local government employees.

 

Referred to Committee on Health and Human Services.

 

SHB 1728       by House Committee on Judiciary (originally sponsored by Representative Appelwick) (by request of Law Revision Commission)

 

Correcting unconstitutional provisions relating to resident employees on public works.

 

Referred to Committee on Labor and Commerce.

 

SHB 1737       by House Committee on Judiciary (originally sponsored by Representatives Ballasiotes, Campbell, Dyer, Morris, Thomas, Schoesler, Chappell, Dorn, Riley, Anderson, H. Myers, Mielke, Van Luven, Cooke, Scott, Foreman, Jones, Ballard, Jacobsen, Brough, Kremen, Silver, Rayburn, G. Fisher, Orr, Long, Johanson, Schmidt and Wood)

 

Changing provisions relating to crimes against minors and developmentally disabled persons.

 

Referred to Committee on Law and Justice.

 

SHB 1741       by House Committee on Judiciary (originally sponsored by Representatives Appelwick, Ludwig, Johanson and Orr)

 

Revising penalties for ignoring traffic tickets.

 

Referred to Committee on Law and Justice.

 

EHB 1756       by Representatives Veloria, Brumsickle and Casada

 

Requiring the use of licensed or certified electricians for certain purposes.

 

Referred to Committee on Labor and Commerce.

 

ESHB 1761     by House Committee on Local Government (originally sponsored by Representatives H. Myers, Edmondson, Bray, Pruitt, Appelwick, R. Fisher, Wineberry, Peery, Wood, Eide, Cothern, Ogden, Jones, Ludwig, Riley, Ballard, Springer, Linville, Rayburn, Kessler, Brown, Long, Chandler, Foreman, Mastin, Johanson, Sehlin, L. Johnson, Morris, Karahalios, Lemmon, Hansen, Cooke and Forner)

 

Clarifying and extending dates established under the growth management act.

 

Referred to Committee on Government Operations.

 

HB 1764          by Representatives Basich, Dorn, Carlson, Jacobsen, Wood, Roland, Karahalios, Eide, Brumsickle, G. Cole, Rayburn, G. Fisher, Leonard, Linville, Wineberry, Kremen, Pruitt, Brough, Wang, Quall, Flemming, Johanson, L. Johnson, J. Kohl, H. Myers, Hansen, Patterson and Anderson

 

Encouraging common schools serving students in grades seven through twelve to offer opportunities for students to do volunteer community service.

 

Referred to Committee on Education.

 

ESHB 1768     by House Committee on Judiciary (originally sponsored by Representatives Appelwick, Padden and Johanson)

 

Creating a courthouse facilitator program.

 

Referred to Committee on Law and Justice.

 

HB 1769          by Representatives Linville, R. Johnson, Dunshee, Wolfe, Pruitt, Rust, Karahalios, Stevens, Schoesler, Jacobsen, Basich and J. Kohl

 

Expanding the authority of the interagency committee for outdoor recreation regarding recreational trails.

 

Referred to Committee on Ecology and Parks.

 

SHB 1808       by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Shin, Mastin, Forner, Wineberry, Rayburn, Jones, Cothern, J. Kohl, Wang, Van Luven, Chandler and Linville)

 

Creating the Washington council on international trade.

 

Referred to Committee on Trade, Technology and Economic Development.

 

HB 1812          by Representatives Jones, Dorn, R. Meyers, Schmidt, Pruitt, Kessler, Karahalios and Carlson

 

Changing teacher evaluations for teachers with at least four years of satisfactory evaluations.

 

Referred to Committee on Education.

 

ESHB 1818     by House Committee on Appropriations (originally sponsored by Representatives Karahalios, Sehlin, R. Meyers, Schmidt, Peery, Wood, Zellinsky, Edmondson, Stevens, Schoesler, Flemming, Mielke, Thomas, Foreman, Eide, Campbell, Pruitt, Holm and Talcott)

 

Providing for military dependent communities.

 

Referred to Committee on Trade, Technology and Economic Development.

 

ESHB 1820     by House Committee on Education (originally sponsored by Representatives Dorn, Brough, Brumsickle, Heavey, Vance, Mastin, R. Meyers, Jones, Peery, Cothern, Campbell, Orr, Holm, Carlson, Springer, Stevens, Jacobsen, Thomas, Pruitt, Foreman, Finkbeiner, Lemmon, Leonard, Rayburn, Riley, Patterson, Conway, King, Johanson, Roland, Tate, Karahalios, Mielke, Eide, Wolfe, Romero, Edmondson, Morris, Shin, G. Fisher, Horn, L. Johnson, Thibaudeau, Kremen, Basich, Miller, J. Kohl, H. Myers, Long, Cooke, Fuhrman, Van Luven, Talcott, Forner, Ballasiotes, Hansen, Kessler, Silver and Wood)

 

Creating the school-to-work transitions program.

 

Referred to Committee on Education.

 

HB 1833          by Representatives Jacobsen and Appelwick

 

Conforming statutes relating to firearm handling by minors.

 

Referred to Committee on Law and Justice.

 

SHB 1844       by House Committee on Natural Resources and Parks (originally sponsored by Representatives Horn, Rust, Van Luven, Appelwick, Wineberry, Edmondson, Forner, Brumsickle, Long, Foreman, Chandler, Dyer, Ballard, Cooke, Miller, Vance, Finkbeiner, Reams and Silver)

 

Establishing procedures by which owners of single-family residences may use lake water for noncommercial landscape irrigation.

 

Referred to Committee on Energy and Utilities.

 

ESHB 1849     by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky, Mielke, Peery, Kessler, Dyer, R. Johnson, Jones, R. Meyers, Jacobsen and Kremen)

 

Providing for security of automated teller machines and night depositories.

 

Referred to Committee on Labor and Commerce.

 

ESHB 1897     by House Committee on Human Services (originally sponsored by Representatives Thibaudeau, Leonard, Brown, Patterson, J. Kohl and L. Johnson)

 

Modifying provisions regarding mental health.

 

Referred to Committee on Health and Human Services.

 

SHB 1910       by House Committee on Capital Budget (originally sponsored by Representatives Silver, Wang, Sommers, Brough, Mielke, Foreman, Dyer, Brumsickle, Long, Edmondson, Horn, Casada, Wood, Flemming, Morton, Miller, Cooke, Forner and Anderson)

 

Creating an inventory system for state-owned or leased facilities.

 

Referred to Committee on Government Operations.

 

SHB 1914       by House Committee on Human Services (originally sponsored by Representatives Brown, Long, Johanson, L. Johnson, Edmondson, Cothern, Scott, Wood, Leonard, Brough, Kremen, Dyer, Brumsickle, Jones, King, Carlson, Karahalios, Schoesler, Hansen, Lemmon, Springer, Rayburn, Patterson, J. Kohl and Cooke)

 

Allowing volunteers to assist agencies with at-risk youth.

 

Referred to Committee on Government Operations.

 

SHB 1931       by House Committee on Transportation (originally sponsored by Representatives Schmidt, Zellinsky and Wood)

 

Regulating steamboat operators.

 

Referred to Committee on Transportation.

 

SHB 1941       by House Committee on Education (originally sponsored by Representatives Cothern, Foreman, L. Johnson, Jones, Vance, Campbell, Pruitt, Shin, Holm, Springer, Brough, Horn, King, J. Kohl, Hansen, Johanson, Miller, Long, Casada, Edmondson, Mielke and Karahalios)

 

Requiring school districts to notify parents of students carrying dangerous weapons at school.

 

Referred to Committee on Education.

 

HB 1943          by Representatives Brumsickle, Jacobsen, Dorn, Quall, Shin, L. Johnson, King and Long

 

Allowing community and technical college foundations to manage funds for their exceptional faculty awards.

 

Referred to Committee on Higher Education.

 

HB 1956          by Representatives Cothern, Locke, Wolfe and Springer (by request of Department of Social and Health Services)

 

Requiring computerized collection of health insurance coverage provided by certain state entities.

 

Referred to Committee on Health and Human Services.

 

ESHB 1957     by House Committee on Health Care (originally sponsored by Representatives Dellwo, Wolfe, R. Meyers, Pruitt, L. Johnson, J. Kohl, Conway and Karahalios) (by request of Insurance Commissioner)

 

Creating the Washington health care coverage determination board.

 

Referred to Committee on Health and Human Services.

 

SHB 1973       by House Committee on Appropriations (originally sponsored by Representatives Quall, Linville, Locke, Sheldon, L. Johnson, Cothern, Basich, Kessler, Holm and J. Kohl)

 

Allowing people to take early retirement who filed late applications.

 

Referred to Committee on Ways and Means.

 

SHB 1976       by House Committee on Judiciary (originally sponsored by Representatives Scott, Riley and Anderson)

 

Requiring firearms dealers to offer trigger-locking devices.

 

Referred to Committee on Law and Justice.

 

SHB 1977       by House Committee on Natural Resources and Parks (originally sponsored by Representatives Schoesler, Sheahan, Rayburn, Chappell, Vance, Morton, Dyer, Fuhrman, Long, Chandler, Brumsickle, Foreman and Mastin)

 

Clarifying authorization for water right certificate holders to participate in acreage expansion programs.

 

Referred to Committee on Energy and Utilities.

 

HB 1985          by Representatives Mielke, Zellinsky, Dyer, R. Johnson, Kremen, Anderson, Dorn, Peery, R. Meyers, Kessler, Grant, Reams, Appelwick, Schmidt and Tate

 

Regulating liquidators' rights to collect premiums.

 

Referred to Committee on Labor and Commerce.

 

HB 1993          by Representatives Finkbeiner, Jacobsen, Quall, Wood, Brumsickle, Ogden, Basich, Dellwo and Miller

 

Making technical amendments to the future teachers and the health professionals conditional scholarship programs to continue existing repayment regulations.

 

Referred to Committee on Higher Education.

 

ESHB 1997     by House Committee on Higher Education (originally sponsored by Representatives Quall, Jacobsen, Ogden, Brumsickle, Miller, Basich, Shin, Locke, Wood, Silver and J. Kohl)

 

Redefining the relationship between the state and its postsecondary institutions.

 

Referred to Committee on Higher Education.

 

SHB 2023       by House Committee on Transportation (originally sponsored by Representative R. Meyers)

 

Transferring jurisdiction for certain roads and highways.

 

Referred to Committee on Transportation.

 

HB 2029          by Representatives Dorn, Brough, Holm, Zellinsky and Rayburn (by request of Superintendent of Public Instruction)

 

Changing funding procedures for high school students enrolled in the running start program in community or technical colleges.

 

Referred to Committee on Higher Education.

 

HB 2066          by Representatives J. Kohl, Wang, G. Cole, Silver, Leonard, R. Fisher, Patterson, Peery, Locke, Pruitt, Brough, Cothern, Appelwick and Eide

 

Changing school levy provisions.

 

Referred to Committee on Education.

 

HJM 4013       by Representatives Kessler, Basich, Riley, Jones, Holm and J. Kohl

 

Petitioning the federal government for coastal economic recovery investment.

 

Referred to Committee on Trade, Technology and Economic Development.


SECOND READING


     SENATE BILL NO. 5744, by Senators Haugen, Loveland, Vognild, Winsley and M. Rasmussen

 

Changing provisions concerning streets that are part of the state highway system.


MOTIONS


     On motion of Senator Vognild, Substitute Senate Bill No. 5744 was substituted for Senate Bill No. 5744 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Vognild, the rules were suspended, Substitute Senate Bill No. 5744 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5744.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5744 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.

     Excused: Senators Bluechel, Deccio, McCaslin and Niemi - 4.

     SUBSTITUTE SENATE BILL NO. 5744, 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. 5620, by Senators Loveland and Jesernig

 

Permitting a special excise tax on hotel, motel, roominghouse, and trailer camp charges for a trade recreation agricultural center in Pasco.


MOTIONS


     On motion of Senator Rinehart, Substitute Senate Bill No. 5620 was substituted for Senate Bill No. 5620 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Rinehart, the rules were suspended, Substitute Senate Bill No. 5620 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.


POINT OF INQUIRY


     Senator Nelson: "Senator Loveland, as I read this bill now, is it correct to say that this is an additional tax that is specifically identified only for Pasco, Washington?"

     Senator Loveland: "Yes sir."

     Senator Nelson: "Thank you."

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5620.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5620 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.

     Voting nay: Senators Anderson, Roach and Smith, L. - 3.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     SUBSTITUTE SENATE BILL NO. 5620, 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. 5660, by Senators M. Rasmussen, Barr, Deccio, Loveland, Snyder, Fraser, Skratek, Sheldon, Drew, Prince, Winsley, Erwin, Bluechel, Amondson and Franklin

 

Developing the Washington state citizens' exchange program.


     The bill was read the second time.


MOTION


     On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 5660 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5660.


ROLL CALL


     The Secretary called the roll on the final passage of Senate Bill No. 5660 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     SENATE BILL NO. 5660, 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. 5638, by Senators Skratek, Drew, Roach, Haugen, Quigley, M. Rasmussen and Oke

 

Modifying property tax valuation of property affected by growth management regulations.


     The bill was read the second time.


MOTION


     Senator Snyder moved that the following amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen be adopted:

     On page 2, line 11, after "36.70A RCW" insert "that result in a reduction in value would be a taking of property as established in Article I, section 16 of the state Constitution or as defined in statute"


POINT OF ORDER


     Senator Haugen: "A point of order, Mr. President. I would ask for a ruling on the scope and object of this amendment to this bill. The original bill is a bill dealing with telling the assessors that they are to consider comprehensive land use plans and to develop regulations before making appraisal and this amendment is very obviously outside of that scope."

     Debate ensued.


MOTION


     On motion of Senator Jesernig, further consideration of Senate Bill No. 5638 was deferred.


SECOND READING


     SENATE BILL NO. 5940, by Senators Owen, Haugen, Spanel, Snyder, Oke, McAuliffe, Sutherland and Franklin (by request of Governor Lowry)

 

Creating the department of fish and wildlife.


MOTIONS


     On motion of Senator Owen, Substitute Senate Bill No. 5940 was substituted for Senate Bill No. 5940 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Owen, the following amendments were considered simultaneously and were adopted:

     On page 15, line 3, after "director," strike everything through "wildlife" and insert "((and the director of wildlife))"

     On page 47, beginning on line 29, strike section 79

     Renumber the remaining sections consecutively and correct any internal references accordingly.


MOTIONS


     On motion of Senator Owen, the following title amendment was adopted:

     On page 1, beginning on line 14 of the title, after "sections;" strike "repealing RCW 77.04.080;"

     On motion of Senator Owen, the rules were suspended, Engrossed Substitute Senate Bill No. 5940 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


     Senator Erwin: "Senator Owen, I am concerned about the Wildlife Commission and I've voiced that concern in committee. Can you give some assurances that Governor Lowry won't veto the section having to do with the Wildlife Commission?"

     Senator Owen: "Well, I can give you some assurances that the bill as it reads right now has the Wildlife Commission in it. It also has the dedicated funds in tact for Wildlife and it is well. I don't know how I would give you the assurance of what the Governor is going to do, but I will assure that there are several of us on this floor who will be meeting with the Governor to insure that the Wildlife Commission is in tact. As you well know, we had dozens and dozens of people in our committee meeting that expressed an interest in merging the two departments, but only if, in fact, the commission was left in tact. So, that is what our endeavor will be."

     Senator Erwin: "Your assurance that you will be meeting with the Governor is sufficient. Thank you, I'll be supporting this bill."

     Further debate ensued.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5940.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5940 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 7; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 39.

     Voting nay: Senators Anderson, Barr, Hochstatter, Nelson, Roach, von Reichbauer and West - 7.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5940, 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


     At 8:44 a.m., on motion of Senator Jesernig, the Senate was declared to be at ease.


     The Senate was called to order at 9:59 a.m. by President Pritchard.


     There being no objection, the Senate resumed consideration of Senate Bill No. 5638 and the pending amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen on page 2, line 11, deferred earlier today.


RULING BY THE PRESIDENT


     President Pritchard: "In ruling upon the point of order raised by Senator Haugen, the President finds that Senate Bill No. 5638 is a measure which specifies one of the criteria to be used in appraisals of real property for taxation purposes.

     "The amendment proposed by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen would define one of the circumstances which creates an unconstitutional taking of property without compensation.

     "The President, therefor, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."


     The amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen on page 2, line 11, to Senate Bill No. 5638 was ruled out of order.


PARLIAMENTARY INQUIRY


     Senator Snyder: "A point of parliamentary inquiry, Mr. President. Does that ruling apply to the other amendments that I have submitted as prime sponsor along with other members? I was just trying to save some time if it does."


REPLY BY THE PRESIDENT


     President Pritchard: "Yes, Senator it appears--"

     Senator Snyder: "Why don't I go ahead and move the amendments and you make the ruling on them individually? That may be better."


MOTION


     Senator Snyder moved that the following amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen be adopted:

     On page 3, after line 2, insert the following:

     "(4) Whenever implementation by the state or any of its political subdivisions of a policy or practice directly or indirectly regulating the use of land operates to reduce the value of a parcel of real property immediately prior to such implementation, the parcel is deemed to be taken for public use."


POINT OF ORDER


     Senator Skratek: "I challenge the scope and object of this particular amendment on the similar lines that were previously argued by Senator Haugen on the previous amendment."


RULING BY THE PRESIDENT


     President Pritchard: "The President would make the same analysis on this amendment as was made on the last one. The President would rule that the amendment is outside the scope and object of the bill."


     The amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen on page 3, after line 2, to Senate Bill No. 5638 was ruled out of order.


MOTION


     Senator Roach moved that the following amendment be adopted:

     On page 2, line 14, after "influences." insert "Counties, cities and towns shall be responsible for notifying county assessors concerning comprehensive plans, development regulations, zoning, and any other governmental policies or practices that affect the use of the appraised property."

     Debate ensued.

     Senator Roach demanded a roll call and the demand was sustained.

     The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Roach on page 2, line 14, to Senate Bill No. 5638.


ROLL CALL


     The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 19; Nays, 27; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Erwin, Hochstatter, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 19.

     Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 27.

     Excused: Senators Deccio, McCaslin and Niemi - 3.


MOTIONS


     Senator Snyder moved that the following amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen be adopted:

     On page 3, after line 2, insert the following:

      "NEW SECTION. Sec. 2. The value of property is directly affected by the regulations, policies, and actions of state and local government. If affected, the property assessment for tax purposes must be reduced because of the taking and the compensation required by the state Constitution must be paid. The criteria established in RCW 84.40.030 (1) through (3) are clarified by sections 3 through 11 of this act.

      NEW SECTION. Sec. 3. (1)(a) Whenever implementation by the state or any of its political subdivisions of a scheme directly or indirectly regulating the use of land operates to reduce the value of a parcel of real property immediately prior to such implementation, the parcel is deemed to be taken for public use.

      (b) The following definitions apply throughout sections 2 through 11 of this act:

      (i) "Compensation" means cash or in-kind payment, if the affected property owner agrees to in-kind payment and then agrees to the in-kind payment actually offered, including but not limited to clustering; transfer of development rights; staging of concurrency; land trades; environmental mitigation credits for prior activity of owners; density bonuses; or adjustments to restrictions on lot size, number of units, or building dimensions.

      (ii) "Parcel" means one or more contiguous tax lots of an owner.

      (iii) "Owner" includes one or more natural or legal persons who own the parcel, whether as sole owner, marital community, cotenants, or tenants in partnership or as a corporation.

      (iv) "Scheme regulating the use of land" means one regulation or government action affecting the use of land; or more than one such regulation or action, though occurring at different times or by different governmental entities, with the same or similar policy objectives, such as development moratoria, zoning, health regulations, safety regulations, aesthetic regulations, fish and wildlife regulations, sensitive-area regulations, and environmental regulations, whether such regulation or action is interim or permanent. A scheme regulating the use of land does not include any regulation or government action of the federal government or regulation or government action of the state or any local governmental entity taken to comply with the minimum requirements of federal law or regulation.

      (2)(a) When a parcel of real property has been taken for public use as provided in sections 2 through 11 of this act, the governmental unit or units that implement the scheme regulating the use of land shall be liable to the owner for compensation, and the owner shall have an action at law to recover such compensation. When more than one governmental unit is involved, the court shall determine the proportion each unit is required to contribute to the compensation.

      (b) The compensation shall be for the full amount of the decrease in assessed value. In addition, an owner who prevails either through settlement or verdict in an action for the recovery of such compensation shall be entitled to reasonable costs, expenses of litigation, and sums for attorneys' fees.

      (3) Governmental units subject to sections 2 through 11 of this act shall not make waiver of the provisions of sections 2 through 11 of this act a condition for approval of the use of real property or the issuance of any permit or other entitlement. Plaintiffs may accept an approval of use, permit, or other entitlement granted by the governmental unit without compromising their rights under sections 2 through 11 of this act if:

      (a) A written reservation of their rights is made at the time of acceptance of the authorization, permit, or other entitlement; or

      (b) An oral statement reserving their rights is made before the governmental unit granting the authorization, permit, or other entitlement at a public meeting at which the governmental unit renders its decision.

      NEW SECTION. Sec. 4. Compensation is required by sections 2 through 11 of this act unless the scheme regulating the use of land is an exercise of the police power solely to prevent or abate a public nuisance as defined at common law or an application of the public trust doctrine as it relates to navigable water only.

      NEW SECTION. Sec. 5. (1) The statute of limitations for actions brought under sections 2 through 11 of this act is the statute of limitations for actions for recovery of real property. The statute of limitations begins to run upon the enactment of the scheme regulating the use of land; or the final administrative decision implementing the scheme regulating the use of land affecting plaintiffs' property or by a showing by the plaintiff that application for administrative decision is futile.

      (2) A scheme regulating the use of land is implemented with respect to an owner's or user's property when actually applied to that property unless the enactment of the scheme by itself operates to reduce the fair market value of real property for the uses permitted at the time the owner acquired title, without further governmental action and the scheme contains no provision allowing for just relief from the scheme's operation.

      (3) Sections 2 through 11 of this act apply to schemes regulating the use of land, all or some part of which is implemented after the effective date of this act. No part of a scheme shall be considered for purposes of sections 2 through 11 of this act if the part was implemented more that ten years before the effective date of this act.

      NEW SECTION. Sec. 6. If a natural event or condition threatens to deprive an owner of land of the land's use or to cause serious damage to the land, and immediate corrective action is required to prevent this deprivation or damage, but this action will violate a state or local law or regulation unless official waiver or permission is obtained, the owner may either:

      (1) Apply to the governmental unit charged with enforcing such regulation to take, or to permit the owner to take, the required corrective action. If the governmental unit wrongfully denies waiver or permission or fails to take reasonably timely action upon the application, so that such deprivation or damage occurs, the governmental unit shall be liable to the owner for the diminution in value of the land which occurs unless the natural event or condition was the fault of the owner; or

      (2) Without notifying the governmental unit under subsection (1) of this section, take such corrective action as is reasonably necessary to prevent the threatened deprivation or damage. However, the owner shall notify the governmental unit that he or she has undertaken the corrective action within five days after commencing such action and shall give a general description of the action undertaken. Thereafter, in a legal action brought by the governmental unit, the owner shall be liable for violation of the regulation if a court determines that there was a violation and that an owner would not have qualified for any available waiver or exemption.

      NEW SECTION. Sec. 7. (1) If a governmental unit is found by a court of competent jurisdiction to have committed a regulatory taking under section 3 of this act, such unit shall be liable for compensation, measured by the owner's diminution in value caused by such taking from the time the scheme that regulated the use of the owner's land became effective until the unit may grant an exemption or choose to repeal such scheme. However, if the governmental unit does not grant an exemption or choose to repeal the regulatory scheme within a reasonable period of time, to be fixed by the court, then the unit shall be liable for compensation for a permanent taking, measured by the diminution of fair market sale value caused by the taking, valued as of the date of trial. This section shall not affect any further remedy that is constitutionally required.

      (2) Any permit, authorization, or other entitlement granted under a scheme repealed under subsection (1) of this section shall continue to be valid.

      NEW SECTION. Sec. 8. Sections 2 through 11 of this act do not preclude any action at law or equity that an owner would have had if sections 2 through 11 of this act had not been enacted.

      NEW SECTION. Sec. 9. If the state or any of its political subdivisions imposes, changes, or implements any scheme regulating the use of land in such a way as to reduce the previous assessed value of a taxpayer's property, the county assessor shall, on or before the ensuing April 1, adjust the property's assessed value downward by an amount equal to the difference between the assessed value of the property under the new scheme, and the previous assessed value.

      NEW SECTION. Sec. 10. Whenever any compensation is paid to a property owner by the state or by any local governmental entity pursuant to a judgment or agreement to compensate for a regulatory taking under sections 2 through 11 of this act, the payor shall cause to be recorded with the county auditor for the county in which the real property is located a notice of compensation for regulatory taking. This notice shall contain a legal description of the affected parcel of real estate, a statement of the reason for compensation, the name of the payor, the name of the owner, and the amount paid.

      NEW SECTION. Sec. 11. If a county, city, or health district is found by a court to have committed a regulatory taking under section 3 of this act, the court shall require that the compensation owed be paid by the state if the scheme regulating the use of land was adopted or implemented by the county or city in order to effectuate a policy or requirement of state or federal law.

      NEW SECTION. Sec. 12. Sections 2 through 11 of this act are each added to chapter 84.40 RCW."


     Senator Haugen moved that the following amendment to the amendment be adopted:

     On page 5, after line 12, insert the following:

      "NEW SECTION. Sec. 12. An additional excise tax is imposed beginning January 1, 1994, on each sale of real property in the state at a rate of one-half of one percent of the selling price. The proceeds of the tax shall be used exclusively for compensation as provided for in this act, the acquisition of a fee simple or lesser interest in conservation areas by counties and for the acquisition of a less than fee simple interest in conservation areas by the state.

      (1) The tax must be imposed and collected in the same manner and under the same conditions as the tax under RCW 82.45.060 is imposed and collected, except that the additional tax dos not apply to the acquisition of an interest in conservation areas by the state or a county, city, town, or park district.

      (2) The treasurer of a county shall place fifty percent of the receipts from the additional tax imposed under this section into an account established for the county for compensation as provided for in this act or to acquire and maintain conservation areas.

      A plan for the expenditure of the county's portion of the excise tax proceeds shall be prepared by the county legislative authority and periodically updated. Prior to the adoption or alteration of this plan, the elected officials of cities and towns located within the county shall be consulted and a public hearing shall be held to obtain public input. The first priority for any funds not used for compensation as required in this act must be the acquisition of interests in conservation areas that are wetlands or agricultural lands. The proceeds of this excise tax that are retained by a county must be expended in conformance with this plan.

      (3) The treasurer of each county shall distribute the remaining fifty percent of the receipts from the additional tax imposed under this section to the state treasurer who shall place the moneys into the takings and conservation lands account created under section 13 of this act.

      (4) As used in this section, "conservation area" has the meaning given under RCW 36.32.570.

      NEW SECTION. Sec. 13. A new section is added to chapter 43.99 RCW to read as follows:

      The takings and conservation lands account is created in the state treasury. Moneys received by the state treasurer from collections of the additional excise tax on real estate sales, authorized under section 12 of this act, shall be deposited into the takings and conservation lands account. Moneys in this account will be used to provide compensation as provided for in this act.

      (1) At the end of each biennium, unspent funds in the takings and conservation account shall be used by the interagency committee for outdoor recreation only for preparing a conservation areas plan and administering and awarding grants to state agencies or counties to acquire less than fee simple interest in conservation areas, as defined in RCW 36.32.570, except that not more than one percent of amounts administered by the committee may be used for planning and program administration.

      (2) The interagency committee for outdoor recreation shall adopt and periodically update a plan identifying conservation areas in which the state is to acquire interests, and shall award grants for the acquisition of interests in these identified conservation areas to counties and state agencies, including, but not limited to, the department of wildlife, department of fisheries, department of natural resources, and the state parks and recreation commission. The first priority for these expenditures shall be to acquire interests in conservation areas that are wetlands or agricultural lands.

      (3) The interagency committee for outdoor recreation shall coordinate its efforts with counties acquiring and maintaining conservation areas under section 12 of this act.

      Sec. 14. RCW 82.46.070 and 1990 1st ex.s. c 5 s 3 are each amended to read as follows:

      (1) Subject to subsection (2) of this section, the legislative authority of any county may impose an additional excise tax on each sale of real property in the county at a rate not to exceed one percent of the selling price. The proceeds of the tax shall be used exclusively for the acquisition and maintenance of conservation areas.

      The taxes imposed under this subsection shall be imposed in the same manner and on the same occurrences, and are subject to the same conditions, as the taxes under chapter 82.45 RCW, except((:

      (a) The tax shall be the obligation of the purchaser; and

      (b))) the tax does not apply to the acquisition of conservation areas by the county.

      The county may enforce the obligation through an action of debt against the purchaser or may foreclose the lien on the property in the same manner prescribed for the foreclosure of mortgages.

      The tax shall take effect thirty days after the election at which the taxes are authorized.

      (2) No tax may be imposed under subsection (1) of this section unless approved by a majority of the voters of the county voting thereon for a specified period and maximum rate after:

      (a) The adoption of a resolution by the county legislative authority of the county proposing this action; or

      (b) The filing of a petition proposing this action with the county auditor, which petition is signed by county voters at least equal in number to ten percent of the total number of voters in the county who voted at the last preceding general election.

      The ballot proposition shall be submitted to the voters of the county at the next general election occurring at least sixty days after a petition is filed, or at any special election prior to this general election that has been called for such purpose by the county legislative authority.

      (3) A plan for the expenditure of the excise tax proceeds shall be prepared by the county legislative authority at least sixty days before the election if the proposal is initiated by resolution of the county legislative authority, or within six months after the tax has been authorized by the voters if the proposal is initiated by petition. Prior to the adoption of this plan, the elected officials of cities located within the county shall be consulted and a public hearing shall be held to obtain public input. The proceeds of this excise tax must be expended in conformance with this plan.

      (4) As used in this section, "conservation area" has the meaning given under RCW 36.32.570.

      (5) This section shall apply only to counties that have imposed the tax authorized by this section before January 1, 1994."

      Renumber the remaining sections consecutively and correct internal references accordingly.

     Senator Haugen demanded a roll call and the demand was sustained.

     Debate ensued.


POINT OF INQUIRY


     Senator Snyder: "Senator Haugen, is this local option?"

     Senator Haugen: "This would have to go to a vote of the people."

     Senator Snyder: "In each county--county by county?"

     Senator Haugen: "No, it would be voted on state-wide."

     Senator Snyder: "State-wide."

     Further debate ensued.


POINT OF ORDER


     Senator Anderson: "Mr. President, I would like to raise the challenge of scope and object on the amendment by Senator Haugen on page 5, after line 11, to the Snyder amendment on page 3, after line 2.


POINT OF ORDER


     Senator Skratek: "A point of order, Mr. President, I don't believe it is appropriate to challenge the scope and object of an amendment to an amendment. Rule 66 states that scope and object of a bill can be challenged, but we are not within the bill itself and this is not an amendment to a bill, but it is an amendment to an amendment and I find no rule that basically indicates that you can challenge the scope of an amendment to an amendment. It would be appropriate to challenge the total amendment when we finally amend the amendment, but there is no challenge to the scope and object of an amendment to an amendment."


REPLY BY THE PRESIDENT


     President Pritchard: "Senator Skratek, you can raise a scope and object on an amendment to the amendment."

     Senator Skratek: "May I inquire which rule that is in the Senate Rules?"

     President Pritchard: "Rule 66 provides that no amendment may be offered that changes the scope and object of the bill.'"


MOTION


     On motion of Senator Anderson, and there being no objection, the point of order was withdrawn.


MOTION


     On motion of Senator Jesernig, further consideration of Senate Bill No. 5638 was deferred.


MOTION


     On motion of Senator Jesernig, the Senate commenced consideration of Senate Bill No. 5316.


SECOND READING


     SENATE BILL NO. 5316, by Senators Moore and McCaslin

 

Regulating private moorage facilities.


MOTIONS


     On motion of Senator Prentice, Substitute Senate Bill No. 5316 was substituted for Senate Bill No. 5316 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5316 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5316.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5316 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     SUBSTITUTE SENATE BILL NO. 5316, 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. 5358, by Senators Pelz, Fraser, Prince and Winsley (by request of Department of Licensing)

 

Creating an appropriated real estate education account.


     The bill was read the second time.


MOTION


     On motion of Senator Spanel, the rules were suspended, Senate Bill No. 5358 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5358.


ROLL CALL


     The Secretary called the roll on the final passage of Senate Bill No. 5358 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     SENATE BILL NO. 5358, 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. 5649, by Senators Quigley, Roach and A. Smith (by request of Department of Social and Health Services)

 

Removing the expiration date for Washington state support registry employer reporting.


     The bill was read the second time.


MOTION


     On motion of Senator Quigley, the rules were suspended, Senate Bill No. 5649 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5649.


ROLL CALL


     The Secretary called the roll on the final passage of Senate Bill No. 5649 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     SENATE BILL NO. 5649, 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. 5675, by Senators Drew, Loveland, Skratek and Haugen

 

Concerning the financing of bonds for storm water facilities.


     The bill was read the second time.


MOTION


     On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5675 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.

     The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5675.


ROLL CALL


     The Secretary called the roll on the final passage of Senate Bill No. 5675 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 45.

     Absent: Senator West - 1.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     SENATE BILL NO. 5675, 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. 5522, by Senators Wojahn, L. Smith, Moore, McDonald, Franklin, Deccio, Fraser, Snyder, West, Roach, Prentice, Pelz, M. Rasmussen and Erwin

 

Providing a program to reduce alcohol and drug use during pregnancy.


     The bill was read the second time.


MOTIONS


     On motion of Senator Talmadge, the following Committee on Health and Human Services amendment was adopted:

     On page 4, line 29, after "sum of" strike "four hundred eighty-eight" and insert "fifty"


     On motion of Senator Talmadge, the rules were suspended, Engrossed Senate Bill No. 5522 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5522.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5522 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     ENGROSSED SENATE BILL NO. 5522, 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. 5384, by Senators Moore, Newhouse, McAuliffe and Erwin (by request of Department of Licensing)

 

Regulating investment advisory contracts.


     The bill was read the second time.


MOTION


     On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5384 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5384.


ROLL CALL


     The Secretary called the roll on the final passage of Senate Bill No. 5384 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     SENATE BILL NO. 5384, 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. 5145, by Senator Winsley

 

Regulating bungee jumping.




MOTIONS


     On motion of Senator Prentice, Substitute Senate Bill No. 5145 was substituted for Senate Bill No. 5145 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5145 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5145.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5145 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 6; Absent, 1; Excused, 3.

     Voting yea: Senators Anderson, Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 39.

     Voting nay: Senators Amondson, Barr, Bluechel, Cantu, Hochstatter and Oke - 6.

     Absent: Senator Newhouse - 1.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     SUBSTITUTE SENATE BILL NO. 5145, 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. 5454, by Senators Fraser, Skratek, Barr, Haugen, Pelz, Prentice, Owen, Niemi, von Reichbauer, Quigley and M. Rasmussen

 

Creating jobs to restore and enhance Washington's estuaries, waterways, and watersheds.


MOTIONS


     On motion of Senator Skratek, Substitute Senate Bill No. 5454 was substituted for Senate Bill No. 5454 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Fraser, the following amendment by Senators Fraser and Hargrove was adopted:

     On page 2, line 30, strike "caused by forest practices"


MOTIONS


     On motion of Senator Fraser, the following amendment by Senators Fraser and Skratek was adopted:

     On page 3, line 35, after "development," insert "the executive director of the work force training and education coordinating board,"


     On motion of Senator Skratek, the rules were suspended, Engrossed Substitute Senate Bill No. 5454 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.


POINT OF INQUIRY


     Senator Barr: "Senator Fraser, on the amendment that we adopted on page 2, line 30, where we took out the words, 'caused by forest practices,' is that what made it a state-wide, all-encompassing bill?"

     Senator Fraser: "No, Senator Barr, the bill is state-wide because of the section that deals with what the funds in the account would be used for. The funds could be used for water shed restoration in forested areas anywhere in the state. That would be one-third of the funds; another third of the funds would be water shed restoration and enhancement in the Puget Sound Basin; and one-third of the funds would be for water shed restoration and enhancement in water sheds anywhere in the state outside the Puget Sound Basin. The amendment we previously adopted merely eliminated reference to only one of the reasons why water sheds can be degraded. We eliminated specific reference to the reason of forest practices, but there are many other reasons because there are many other reasons why a water shed can be degraded including through urban practices and many other types of practices. So, I think this is a fair bill for the state."

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5454.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5454 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.

     Voting nay: Senator Barr - 1.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5454, 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. 5606, by Senators Prince, Vognild, Cantu, Fraser, Newhouse, Prentice, McAuliffe, Sutherland, Moore and Winsley

 

Directing the state auditor to scrutinize funds and accounts under the control of state agencies.


MOTIONS


     On motion of Senator Spanel, Substitute Senate Bill No. 5606 was substituted for Senate Bill No. 5606 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Spanel, the rules were suspended, Substitute Senate Bill No. 5606 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5606.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5606 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     SUBSTITUTE SENATE BILL NO. 5606, 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. 5222, by Senators Skratek, Erwin, Bluechel, M. Rasmussen, Deccio, Winsley and Barr

 

Establishing a project to assist urban/rural economic partnerships.


MOTIONS


     On motion of Senator Skratek, Substitute Senate Bill No. 5222 was substituted for Senate Bill No. 5222 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Skratek, the rules were suspended, Substitute Senate Bill No. 5222 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5222.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5222 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     SUBSTITUTE SENATE BILL NO. 5222, 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 commenced consideration of Senate Bill No. 5307.


SECOND READING


     SENATE BILL NO. 5307, by Senators Pelz, A. Smith, McAuliffe, Bauer, Talmadge, Spanel, Haugen and Moyer (by request of Washington State School Directors Association, Board of Education and Superintendent of Public Instruction)

 

Prohibiting firearms and dangerous weapons on school premises, with limited exceptions.


MOTIONS


     On motion of Senator Pelz, Substitute Senate Bill No. 5307 was substituted for Senate Bill No. 5307 and the substitute bill was placed on second reading and read the second time.

     Senator Hochstatter moved that the following amendment by Senators Hochstatter, Amondson, Erwin and Hargrove be adopted:

     On page 1, line 7, after "person" insert ", except a person who holds a valid concealed weapons permit,"

     Debate ensued.

     Senator Amondson demanded a roll call and the demand was sustained.

     Further debate ensued.


POINT OF INQUIRY


     Senator Oke: "Senator Pelz, when we started, I thought you said that you would approve of an amendment that would allow the individual that has a concealed weapons permit to leave that weapon in his car. Is that correct?"

     Senator Pelz: "No, that is already in the bill. There is an amendment put forth by Senator Quigley that allows a parent, grandparent or legal guardian with a concealed weapons permit to drop off or pick up their child, which is to go into the building, pick up their child and come back out of the building. That would be an amendment to my bill that I would find acceptable.

     "The bill, currently, allows a person with a concealed weapons permit to drive up, stay in the car, get the child, or to leave the car and leave the weapon locked in the vehicle."

     Senator Oke: "If I may continue, Senator Pelz, with your knowledge of how easily it is to take radios out of cars, do you feel that leaving a weapon in a car is a safe place for a weapon?"

     Senator Pelz: "Again, Senator Oke, I have to confess that was an amendment I put in in response to concern raised by gun advocates, frankly, to try to make the bill more acceptable to them."

     Senator Oke: "Thank you."

     Further debate ensued.

     The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Hochstatter, Amondson, Erwin and Hargrove on page 1, line 7, to Substitute Senate Bill No. 5307.


ROLL CALL


     The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 21; Nays, 25; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Cantu, Drew, Erwin, Hargrove, Hochstatter, Loveland, McDonald, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Skratek, Smith, L., Sutherland, von Reichbauer and West - 21.

     Voting nay: Senators Bauer, Bluechel, Franklin, Fraser, Gaspard, Haugen, Jesernig, McAuliffe, Moore, Moyer, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Smith, A., Snyder, Spanel, Talmadge, Vognild, Williams, Winsley and Wojahn - 25.

     Excused: Senators Deccio, McCaslin and Niemi - 3.


MOTION


     Senator Skratek moved that the following amendment by Senators Skratek and Hargrove be adopted:

     On page 1, line 8, after "premises" strike everything through "schools" on line 10 and insert ", while school is in session or during a school-sponsored event"

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the amendment by Senators Skratek and Hargrove on page 1, line 8, to Substitute Senate Bill No. 5307.

     The motion by Senator Skratek failed and the amendment was not adopted.


MOTION


     Senator Nelson moved that the following amendments by Senators Nelson, Owen, Moyer, Skratek and Hochstatter be considered simultaneously and be adopted:

     On page 2, beginning on line 6, before "Any" insert "(a)"

     On page 2, after line 8, insert the following:

     "(b) The board of directors of each school district shall adopt procedures, including a hearing, for the expulsion of any student violating subsection (1) of this section. The school shall notify the student's parents or guardian and the local law enforcement agency of the violation. Any school official who fails to comply with this subsection is guilty of a misdemeanor"

     Debate ensued.

     Senator Roach demanded a roll call and the demand was sustained.

     Further debate ensued.

     The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Nelson, Owen, Moyer, Skratek and Hochstatter on page 2, lines 6 and 8, to Substitute Senate Bill No. 5307.


ROLL CALL


     The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 22; Nays, 24; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Cantu, Erwin, Hargrove, Hochstatter, Loveland, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Prince, Roach, Sellar, Skratek, Smith, L., von Reichbauer, West and Winsley - 22.

     Voting nay: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Haugen, Jesernig, McAuliffe, Moore, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 24.

     Excused: Senators Deccio, McCaslin and Niemi - 3.


MOTION


     On motion of Senator Jesernig, further consideration of Substitute Senate Bill No. 5307 was deferred.


SECOND READING


     SENATE BILL NO. 5544, by Senators Hargrove, Owen and Snyder

 

Financing street utilities.


     The bill was read the second time.


MOTIONS


     On motion of Senator Vognild, the following Committee on Transportation amendments were considered simultaneously and were adopted:

     On page 1, line 15, after "businesses" strike "((shall)) may be measured ((solely)) either" and insert "shall be measured solely"

     On page 1, line 16, after "employees", strike "or may be imposed on a per business entity basis"


     On motion of Senator Vognild, the rules were suspended, Engrossed Senate Bill No. 5544 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.


POINT OF INQUIRY


     Senator Cantu: "Senator Vognild, under current law, that utility tax could be applied against both the business per employee and residential and this bill doesn't change that, it only changes the rate? Am I correct?"

     Senator Vognild: "That is correct."

     Senator Cantu: "I'm getting a 'no.' I am just not clear; I'm sorry."

     Senator Vognild: "Under the amendment, the ability to totally exempt the business from the utility tax was removed from the bill. So, it would still be applied--if it is applied--it would be applied to business and residence, both, but they would be able to apply the tax to the business at as low a rate as they felt was necessary, so it didn't harm the business."

     Senator Cantu: "O.K., I did understand that the rate could be from one penny to two dollars or whatever. That flexibility was not there, but the application to residences was there before. It is still there. The application of businesses was there and it is still there. The only difference is the rates?"

     Senator Vognild: "Basically, that is correct."

     Senator Cantu: "And that would be for both the homes and the businesses--the variable rate?"

     Senator Vognild: "No, Senator, that affects only the business. The reason for that was that the business that was trying to hang on with fifty employees, being suddenly imposed with an additional one hundred dollar per month charge might put them under, but the benefit would still be there for all the residences at the same level. Constitutionally, we are also told that you have to have an application within class. That is why we used the business approach we used."

     Senator Cantu: "Thank you."


MOTION


     On motion of Senator Spanel, Senator Skratek was excused.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5544.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5544 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 0; Excused, 4.

     Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 42.

     Voting nay: Senators Barr, Cantu and Roach - 3.

     Excused: Senators Deccio, McCaslin, Niemi and Skratek - 4.

     ENGROSSED SENATE BILL NO. 5544, 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. 5508, by Senators Hargrove, Niemi, A. Smith, Nelson and Spanel

 

Modifying child support orders in dependency cases.


     The bill was read the second time.


MOTION


     On motion of Senator Hargrove, the following amendment by Senators Hargrove, Rinehart and Adam Smith was adopted:

     Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 13.34.070 and 1990 c 246 s 2 are each amended to read as follows:

      (1) Upon the filing of the petition, the clerk of the court shall issue a summons, one directed to the child, if the child is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. If the child is developmentally disabled and not living at home, the notice shall be given to the child's custodian as well as to the child's parent. The developmentally disabled child shall not be required to appear unless requested by the court. Where the custodian is summoned, the parent or guardian or both shall also be served with a summons. The fact-finding hearing on the petition shall be held no later than seventy-five days after the filing of the petition, unless exceptional reasons for a continuance are found. The party requesting the continuance shall have the burden of proving by a preponderance of the evidence that exceptional circumstances do exist. To ensure that the hearing on the petition occurs within the seventy-five day time limit, the court shall schedule and hear the matter on an expedited basis.

      (2) A copy of the petition shall be attached to each summons.

      (3) The summons shall advise the parties of the right to counsel. The summons shall also inform the child's parent, guardian, or legal custodian of his or [her] right to appointed counsel, if indigent, and of the procedure to use to secure appointed counsel.

      (4) The summons shall advise the parents that they may be held responsible for the support of the child if the child is placed in out-of-home care.

      (5) The judge may endorse upon the summons an order directing any parent, guardian, or custodian having the custody or control of the child to bring the child to the hearing.

      (((5))) (6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the child needs to be taken into custody pursuant to RCW 13.34.050, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the child into custody and take him to the place of shelter designated by the court.

      (((6))) (7) If the person summoned as provided in this section is subject to an order of the court pursuant to subsection (((4) or)) (5) or (6) of this section, and if the person fails to abide by the order, he may be proceeded against as for contempt of court. The order endorsed upon the summons shall conspicuously display the following legend:


NOTICE:

VIOLATION OF THIS ORDER

IS SUBJECT TO PROCEEDING

FOR CONTEMPT OF COURT

PURSUANT TO RCW 13.34.070.


      (((7))) (8) If a party to be served with a summons can be found within the state, the summons shall be served upon the party personally as soon as possible following the filing of the petition, but in no case later than fifteen court days before the fact-finding hearing, or such time as set by the court. If the party is within the state and cannot be personally served, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by mailing a copy thereof by certified mail as soon as possible following the filing of the petition, but in no case later than fifteen court days before the hearing, or such time as set by the court. If a party other than the child is without the state but can be found or the address is known, or can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy thereof to the party personally or by mailing a copy thereof to the party by certified mail at least ten court days before the fact-finding hearing, or such time as set by the court.

      (((8))) (9) Service of summons may be made under the direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer, probation counselor, or department of social and health services social worker.

      (((9))) (10) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member of an Indian tribe, notice of the pendency of the proceeding shall also be sent by registered mail, return receipt requested, to the child's tribe. If the identity or location of the tribe cannot be determined, such notice shall be transmitted to the secretary of the interior of the United States.

      Sec. 2. RCW 13.34.160 and 1987 c 435 s 14 are each amended to read as follows:

      In ((any case in which)) an action brought under this chapter, the court ((shall find the child dependent, it may in the same or subsequent proceeding upon the parent or parents, guardian, or other person having custody of said child, being duly summoned or voluntarily appearing, proceed to)) may inquire into the ability of ((such persons or person able)) the parent or parents of the child to pay child support ((the child or contribute thereto, the court)) and may enter ((such)) an order ((or decree as shall be according to equity in the premises, and)) of child support as set forth in chapter 26.19 RCW. The court may enforce the same by execution, or in any way in which a court of equity may enforce its decrees. All child support orders entered pursuant to this chapter shall be in compliance with the provisions of RCW 26.23.050.

      Sec. 3. RCW 13.34.180 and 1990 c 246 s 7 are each amended to read as follows:

      A petition seeking termination of a parent and child relationship may be filed in juvenile court by any party to the dependency proceedings concerning that child. Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.34.070(((7)))(8), and shall allege:

      (1) That the child has been found to be a dependent child under RCW 13.34.030(2); and

      (2) That the court has entered a dispositional order pursuant to RCW 13.34.130; and

      (3) That the child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency under RCW 13.34.030(2); and

      (4) That the services ordered under RCW 13.34.130 have been offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been offered or provided; and

      (5) That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future; and

      (6) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home;

      (7) In lieu of the allegations in subsections (1) through (6) of this section, the petition may allege that the child was found under such circumstances that the whereabouts of the child's parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two months after the child was found.

      Notice of rights shall be served upon the parent, guardian, or legal custodian with the petition and shall be in substantially the following form:


"NOTICE

 

A petition for termination of parental rights has been filed against you. You have important legal rights and you must take steps to protect your interests. This petition could result in permanent loss of your parental rights.

1. You have the right to a fact-finding hearing before a judge.

2. You have the right to have a lawyer represent you at the hearing. A lawyer can look at the files in your case, talk to the department of social and health services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact: (explain local procedure).

3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.

You should be present at this hearing.

You may call (insert agency) for more information about your child. The agency's name and telephone number are insert name and telephone number".

      Sec. 4. RCW 26.19.071 and 1991 sp.s. c 28 s 5 are each amended to read as follows:

      (1) Consideration of all income. All income and resources of each parent's household shall be disclosed and considered by the court when the court determines the child support obligation of each parent. Only the income of the parents of the children whose support is at issue shall be calculated for purposes of calculating the basic support obligation. Income and resources of any other person shall not be included in calculating the basic support obligation.

      (2) Verification of income. Tax returns for the preceding two years and current paystubs shall be provided to verify income and deductions. Other sufficient verification shall be required for income and deductions which do not appear on tax returns or paystubs.

      (3) Income sources included in gross monthly income. Except as specifically excluded in subsection (4) of this section, monthly gross income shall include income from any source, including:

      (a) Salaries;

      (b) Wages;

      (c) Commissions;

      (d) Deferred compensation;

      (e) Overtime;

      (f) Contract-related benefits;

      (g) Income from second jobs;

      (h) Dividends;

      (i) Interest;

      (j) Trust income;

      (k) Severance pay;

      (l) Annuities;

      (m) Capital gains;

      (n) Pension retirement benefits;

      (o) Workers' compensation;

      (p) Unemployment benefits;

      (q) Spousal maintenance actually received;

      (r) Bonuses;

      (s) Social security benefits; and

      (t) Disability insurance benefits.

      (4) Income sources excluded from gross monthly income. The following income and resources shall be disclosed but shall not be included in gross income:

      (a) Income of a new spouse or income of other adults in the household;

      (b) Child support received from other relationships;

      (c) Gifts and prizes;

      (d) Aid to families with dependent children;

      (e) Supplemental security income;

      (f) General assistance; and

      (g) Food stamps.

      Receipt of income and resources from aid to families with dependent children, supplemental security income, general assistance, and food stamps shall not be a reason to deviate from the standard calculation.

      (5) Determination of net income. The following expenses shall be disclosed and deducted from gross monthly income to calculate net monthly income:

      (a) Federal and state income taxes;

      (b) Federal insurance contributions act deductions;

      (c) Mandatory pension plan payments;

      (d) Mandatory union or professional dues;

      (e) State industrial insurance premiums;

      (f) Court-ordered spousal maintenance to the extent actually paid;

      (g) Up to two thousand dollars per year in voluntary pension payments actually made if the contributions were made for the two tax years preceding the earlier of the (i) tax year in which the parties separated with intent to live separate and apart or (ii) tax year in which the parties filed for dissolution; and

      (h) Normal business expenses and self-employment taxes for self-employed persons. Justification shall be required for any business expense deduction about which there is disagreement.

      Items deducted from gross income under this subsection shall not be a reason to deviate from the standard calculation.

      (6) Imputation of income. The court shall impute income to a parent when the parent is voluntarily unemployed or voluntarily underemployed. The court shall determine whether the parent is voluntarily underemployed or voluntarily unemployed based upon that parent's work history, education, health, and age, or any other relevant factors. A court shall not impute income to a parent who is gainfully employed on a full-time basis, unless the court finds that the parent is voluntarily underemployed and finds that the parent is purposely underemployed to reduce the parent's child support obligation. Income shall not be imputed for an unemployable parent or to a parent of a child in foster care or other out-of-home placement if that parent's availability for employment is significantly reduced by family reunification efforts. In the absence of information to the contrary, a parent's imputed income shall be based on the median income of year-round full-time workers as derived from the United States bureau of census, current populations reports, or such replacement report as published by the bureau of census.

      Sec. 5. RCW 26.19.075 and 1991 sp.s. c 28 s 6 are each amended to read as follows:

      (1) Reasons for deviation from the standard calculation include but are not limited to the following:

      (a) Sources of income and tax planning. The court may deviate from the standard calculation after consideration of the following:

      (i) Income of a new spouse if the parent who is married to the new spouse is asking for a deviation based on any other reason. Income of a new spouse is not, by itself, a sufficient reason for deviation;

      (ii) Income of other adults in the household if the parent who is living with the other adult is asking for a deviation based on any other reason. Income of the other adults in the household is not, by itself, a sufficient reason for deviation;

      (iii) Child support actually received from other relationships;

      (iv) Gifts;

      (v) Prizes;

      (vi) Possession of wealth, including but not limited to savings, investments, real estate holdings and business interests, vehicles, boats, pensions, bank accounts, insurance plans, or other assets;

      (vii) Extraordinary income of a child; or

      (viii) Tax planning considerations. A deviation for tax planning may be granted only if the child would not receive a lesser economic benefit due to the tax planning.

      (b) Nonrecurring income. The court may deviate from the standard calculation based on a finding that a particular source of income included in the calculation of the basic support obligation is not a recurring source of income. Depending on the circumstances, nonrecurring income may include overtime, contract-related benefits, bonuses, or income from second jobs. Deviations for nonrecurring income shall be based on a review of the nonrecurring income received in the previous two calendar years.

      (c) Debt and high expenses. The court may deviate from the standard calculation after consideration of the following expenses:

      (i) Extraordinary debt not voluntarily incurred;

      (ii) A significant disparity in the living costs of the parents due to conditions beyond their control;

      (iii) Special needs of disabled children; ((or))

      (iv) Special medical, educational, or psychological needs of the children; or

      (v) Costs anticipated to be incurred by the parents in compliance with court-ordered reunification efforts under chapter 13.34 RCW or under a voluntary placement agreement with an agency supervising the child.

      (d) Residential schedule. The court may deviate from the standard calculation if the child spends a significant amount of time with the parent who is obligated to make a support transfer payment. The court may not deviate on that basis if the deviation will result in insufficient funds in the household receiving the support to meet the basic needs of the child or if the child is receiving aid to families with dependent children. When determining the amount of the deviation, the court shall consider evidence concerning the increased expenses to a parent making support transfer payments resulting from the significant amount of time spent with that parent and shall consider the decreased expenses, if any, to the party receiving the support resulting from the significant amount of time the child spends with the parent making the support transfer payment.

      (e) Children from other relationships. The court may deviate from the standard calculation when either or both of the parents before the court have children from other relationships to whom the parent owes a duty of support.

      (i) The child support schedule shall be applied to the mother, father, and children of the family before the court to determine the presumptive amount of support.

      (ii) Children from other relationships shall not be counted in the number of children for purposes of determining the basic support obligation and the standard calculation.

      (iii) When considering a deviation from the standard calculation for children from other relationships, the court may consider only other children to whom the parent owes a duty of support. The court may consider court-ordered payments of child support for children from other relationships only to the extent that the support is actually paid.

      (iv) When the court has determined that either or both parents have children from other relationships, deviations under this section shall be based on consideration of the total circumstances of both households. All child support obligations paid, received, and owed for all children shall be disclosed and considered.

      (2) All income and resources of the parties before the court, new spouses, and other adults in the households shall be disclosed and considered as provided in this section. The presumptive amount of support shall be determined according to the child support schedule. Unless specific reasons for deviation are set forth in the written findings of fact and are supported by the evidence, the court shall order each parent to pay the amount of support determined by using the standard calculation.

      (3) The court shall enter findings that specify reasons for any deviation or any denial of a party's request for any deviation from the standard calculation made by the court. The court shall not consider reasons for deviation until the court determines the standard calculation for each parent.

      (4) When reasons exist for deviation, the court shall exercise discretion in considering the extent to which the factors would affect the support obligation.

      (5) Agreement of the parties is not by itself adequate reason for any deviations from the standard calculation.

      NEW SECTION. Sec. 6. RCW 13.34.162 and 1988 c 275 s 15 are each repealed."


MOTIONS


     On motion of Senator Hargrove, the following title amendment was adopted:

     On page 1, line 1 of the title, after "cases;" strike the remainder of the title and insert "amending RCW 13.34.070, 13.34.160, 13.34.180, 26.19.071, and 26.19.075; and repealing RCW 13.34.162."


     On motion of Senator Hargrove, the rules were suspended, Engrossed Senate Bill No. 5508 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5508.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5508 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.

     Excused: Senators Deccio, McCaslin, Niemi and Skratek - 4.

     ENGROSSED SENATE BILL NO. 5508, 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. 5922, by Senators Snyder, Deccio, Vognild and Newhouse

 

Regarding the use of controlled substances by advanced registered nurse practitioners, certified nurse anesthetists.


MOTIONS


     On motion of Senator Talmadge, Substitute Senate Bill No. 5922 was substituted for Senate Bill No. 5922 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Talmadge, the rules were suspended, Substitute Senate Bill No. 5922 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5922.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5922 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.

     Excused: Senators Deccio, McCaslin, Niemi and Skratek - 4.

     SUBSTITUTE SENATE BILL NO. 5922, 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. 5068, by Senators A. Smith, McCaslin, Nelson, Erwin, Vognild and Roach.

 

Changing the homestead exemption.


MOTIONS


     On motion of Senator Adam Smith, Substitute Senate Bill No. 5068 was substituted for Senate Bill No. 5068 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Adam Smith, the rules were suspended, Substitute Senate Bill No. 5068 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5068.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5068 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 44.

     Voting nay: Senator Vognild - 1.

     Excused: Senators Deccio, McCaslin, Niemi and Skratek - 4.

     SUBSTITUTE SENATE BILL NO. 5068, 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. 5061, by Senators Fraser, Winsley and A. Smith

 

Limiting residential time in parenting plans and visitation orders for abusive parents.


MOTIONS


     On motion of Senator Fraser, Substitute Senate Bill No. 5061 was substituted for Senate Bill No. 5061 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Quigley, the following amendments by Senators Quigley and Fraser were considered simultaneously and were adopted:

     On page 2, line 9, after "child;" delete "and"

     On page 2, line 10, after "(ii)" insert the following: "If the child was sexually abused by the parent requesting residential time and if the child is in or has been in therapy for victims of sexual abuse, the child's counselor believes such contact between the child and the offending parent is in the child's best interest; and"

     Renumber the remaining subsections accordingly


     On motion of Senator Quigley, the following amendments were considered simultaneously and were adopted:

     On page 4, line 25, after "(ii)" strike "The" and insert "((The)) If the child was sexually abused by the parent requesting visitation and if the"

     On page 4, line 26, after "abuse" strike "and" and insert ","

     On page 4, line 27, after "and the" strike "abuser" and insert "offending parent"


MOTION


     On motion of Senator Jesernig, further consideration of Substitute Senate Bill No. 5061 was deferred.


SECOND READING


     SENATE BILL NO. 5572, by Senators Prentice, Vognild, Prince, Hargrove, Barr, McAuliffe, Haugen, Snyder, Pelz, Loveland, Sheldon, Moore, Erwin, Fraser, M. Rasmussen and Wojahn

 

Assessing environmental costs of transportation projects.


     The bill was read the second time.


MOTION


     On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5572 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5572.


ROLL CALL


     The Secretary called the roll on the final passage of Senate Bill No. 5572 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.

     Excused: Senators Deccio, McCaslin, Niemi and Skratek - 4.

     SENATE BILL NO. 5572, 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.



     There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5061, deferred earlier today.


MOTIONS


     On motion of Senator Haugen, the following amendment was adopted:

     On page 6, after line 7, insert the following:

     "NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."


     On motion of Senator Haugen, the following title amendment was adopted:

     On page 1, line 2 of the title, after "RCW 26.10.160;" strike "and reenacting and amending RCW 26.09.191" and insert "reenacting and amending RCW 26.09.191; and declaring an emergency"


MOTION


     On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 5061 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5061.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5061 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.

     Excused: Senators Deccio, McCaslin, Niemi and Skratek - 4.

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5061, 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. 5028, by Senator Haugen

 

Prohibiting additives for on-site sewage disposal systems.


     The bill was read the second time.


MOTION


     On motion of Senator Fraser, the rules were suspended, Senate Bill No. 5028 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5028.


ROLL CALL


     The Secretary called the roll on the final passage of Senate Bill No. 5028 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 7; Absent, 0; Excused, 4.

     Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Winsley and Wojahn - 38.

     Voting nay: Senators Anderson, Barr, Hochstatter, McDonald, Roach, von Reichbauer and Williams - 7.

     Excused: Senators Deccio, McCaslin, Niemi and Skratek - 4.

     SENATE BILL NO. 5028, 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.


     President Pro Tempore Wojahn assumed the Chair.


SECOND READING


     SENATE BILL NO. 5471, by Senators A. Smith, Quigley, Nelson and Snyder (by request of Secretary of State)

 

Changing provisions relating to nonprofit corporations.


MOTIONS


     On motion of Senator Adam Smith, Substitute Senate Bill No. 5471 was substituted for Senate Bill No. 5471 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Adam Smith, the rules were suspended, Substitute Senate Bill No. 5471 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 Substitute Senate Bill No. 5471.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5471 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     SUBSTITUTE SENATE BILL NO. 5471, 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.


     There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5307, deferred earlier today.


MOTION


     Senator Skratek moved that the following amendment by Senators Skratek and Hargrove be adopted:

     On page 2, line 8, after "schools" insert "for the remainder of the school year in which the violation occurs"

     Debate ensued.


MOTION


     On motion of Senator Spanel, Senator Talmadge was excused.

     The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Skratek and Hargrove on page 2, line 8, to Substitute Senate Bill No. 5307.

     The motion by Senator Skratek carried and the amendment was adopted.


MOTION


     Senator Skratek moved that the following amendments by Senators Skratek and Hargrove be considered simultaneously and be adopted:

     On page 2, line 23, strike "or"

     On page 2, line 26, after "vehicle" insert "; or

     (g) Any person who is in lawful possession of an unloaded, secured firearm in a vehicle"

     Debate ensued.

     The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senators Skratek and Hargrove on page 2, lines 23 and 26, to Substitute Senate Bill No. 5307.

     The motion by Senator Skratek carried and the amendments were adopted.



MOTION


     Senator Quigley moved that the following amendments be considered simultaneously and be adopted:

     On page 2, line 23, strike "or" and insert the following:

     "(f) A parent, grandparent, or legal guardian who has been issued a license under RCW 9.41.070, while picking up or dropping off a student; or"

     On page 2, line 24, strike "(f)" and insert "(g)"

     Debate ensued.


POINT OF INQUIRY


     Senator Hargrove: "Senator Quigley, I am trying to figure out if under this amendment, if I had a brother, sister, sister-in-law, or any other relative or neighbor that went to pick up my child at the school, whether they would be covered by this amendment or not?"

     Senator Quigley: "I do not believe they would."

     Further debate ensued.

     The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senator Quigley on page 2, lines 23 and 24, to Substitute Senate Bill No. 5307.

     The motion by Senator Quigley carried and the amendments were adopted on a rising vote.


     President Pritchard assumed the Chair.


MOTION


     Senator Hochstatter moved that the following amendment by Senators Hochstatter, Owen, Nelson, Amondson and Hargrove be adopted:

     On page 2, after line 23, insert the following:

     "(f) Any employee of a school district who is required to work beyond normal school hours and who is legally in possession of a concealed pistol under RCW 9.41.070; or"

     Renumber the remaining paragraph accordingly

     Debate ensued.

     Senator Roach demanded a roll call and the demand was sustained.

     The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Hochstatter, Owen, Nelson, Amondson and Hargrove on page 2, after line 23, to Substitute Senate Bill No. 5307.


ROLL CALL


     The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 19; Nays, 26; Absent, 0; Excused, 4.

     Voting yea: Senators Amondson, Anderson, Barr, Cantu, Erwin, Hargrove, Hochstatter, Loveland, McDonald, Nelson, Newhouse, Oke, Owen, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 19.

     Voting nay: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Haugen, Jesernig, McAuliffe, Moore, Moyer, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, Williams and Wojahn - 26.

     Excused: Senators Deccio, McCaslin, Niemi and Talmadge - 4.


MOTION


     Senator Hochstatter moved that the following amendment be adopted:

     On page 2, beginning on line 26, after "vehicle" insert ";

     (g) Any law enforcement officer of any federal, state, or local government agency"

     Debate ensued.

     Senator Roach demanded a roll call and the demand was sustained.

     The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Hochstatter on page 2, line 26, to Substitute Senate Bill No. 5307.


ROLL CALL


     The Secretary called the roll and the amendment was adopted by the following vote: Yeas, 30; Nays, 15; Absent, 0; Excused, 4.

     Voting yea: Senators Amondson, Anderson, Barr, Cantu, Drew, Erwin, Fraser, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Nelson, Newhouse, Oke, Owen, Prince, Quigley, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Sutherland, Vognild, von Reichbauer, West and Winsley - 30.

     Voting nay: Senators Bauer, Bluechel, Franklin, Gaspard, Haugen, Moore, Moyer, Pelz, Prentice, Rasmussen, M., Rinehart, Snyder, Spanel, Williams and Wojahn - 15.

     Excused: Senators Deccio, McCaslin, Niemi and Talmadge - 4.


MOTION


     Senator Roach moved that the following amendment be adopted:

     On page 2, after line 26, insert the following:

      "(4) The legislature recognizes that the right to keep and bear arms in defense of oneself as guaranteed by Article I, section 24 of the state constitution is a fundamental freedom, and that this basic civil right is extended to school premises to at least the level of possession allowed pursuant to this act. The following provisions shall apply to the issue of firearm civil rights on school premises:

      (a) A person shall be guilty of the crime of denial of firearm civil rights if he or she is a public official or public employee and he or she prevents or obstructs a person from carrying a firearm in a lawful manner on school premises; denies or causes denial of the right of a person to possess a firearm in a lawful manner on school premises; prevents or obstructs a person from possessing a firearm on school premises at such locations, at such times, or under such conditions as may be allowed by law; or confiscates a person's firearm on school premises without lawful authority of due process of law or sets a policy for such confiscation.

      (b) The crime of denial of firearm civil rights applies both to employees who violate a provision of this subsection and to any employers or supervisors who require or order an employee to violate a provision of this subsection. The fact or claim that a public official or public employee was acting under the direction of a supervisor is not a defense to an action under this subsection.

      (c) Denial of firearm civil rights is a gross misdemeanor.

      (d) A person whose firearm civil rights have been denied under this subsection shall be awarded civil damages equal to ten thousand dollars for each violation plus attorney fees and compensation for loss of income, loss of wages, loss of fringe benefits, transportation expenses, communication expenses, and all other costs associated with efforts to regain the person's firearm civil rights and ask civil remedies. The civil remedies may be sought regardless of whether or not criminal charges have been filed, and the petitioner's case shall not be prejudiced by the fact that criminal charges were not filed. The civil action may be brought in the county where the violation occurred or in Thurston county at the discretion of the petitioner."


POINT OF ORDER


     Senator Pelz: "A point of order, Mr. President. I rise to question the scope and object of this amendment. The underlying bill deals with a limited subject of firearm possession while entering or being in school property. The amendment creates an entirely new crime dealing with firearm transactions and also civil liability relating to firearm transactions. The amendment has nothing to do with the unlawful possession of firearms."

     Debate ensued.


MOTION


     On motion of Senator Jesernig, further consideration of Substitute Senate Bill No. 5307 was deferred.


MOTION


     At 1:22 p.m., on motion of Senator Jesernig, the Senate adjourned until 9:00 a.m., Monday, March 15, 1993.


JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate