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TWENTY-THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, February 1, 1994
The Senate was called to order at 10:00 a.m. by President Pro Tempore Wojahn. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Sellar and Snyder. On motion of Senator Drew, Senator Snyder was excused.
The Sergeant at Arms Color Guard, consisting of Pages Brian Brazier and Eric Johnson, presented the Colors. Reverend Philip E. Norris, pastor of the Lacey Community Church, offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
January 31, 1994
SB 5184 Prime Sponsor, Senator Moore: Creating a securities brokers recovery account program. Reported by Committee on Labor and Commerce
MAJORITY Recommendation: That Second Substitute Senate Bill No. 5184 be substituted therefor, and the second substitute bill do pass. Signed by Senators Moore, Chair; Prentice, Vice Chair; Amondson, Deccio, Fraser, McAuliffe, Newhouse, Pelz, Prince, Sellar, Sutherland, Vognild and Wojahn.
Referred to Committee on Ways and Means.
January 28, 1994
SB 5353 Prime Sponsor, Senator A. Smith: Allowing the court to award attorney fees and other court costs to an individual or small business that successfully appeals a state agency directive in court. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators A. Smith, Chair; Ludwig, Vice Chair; Hargrove, Nelson, Niemi, Quigley, Roach, Schow and Spanel.
Referred to Committee on Ways and Means.
January 28, 1994
SB 5735 Prime Sponsor, Senator Moore: Enhancing penalties for animal cruelty. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5735 be substituted therefor, and the substitute bill do pass. Signed by Senators A. Smith, Chair; Hargrove, Nelson, Quigley, Roach, Schow and Spanel.
Passed to Committee on Rules for second reading.
January 31, 1994
SB 6010 Prime Sponsor, Senator Fraser: Providing for scientific review and sharing between public agencies. Reported by Committee on Ecology and Parks
MAJORITY Recommendation: That Substitute Senate Bill No. 6010 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; Deccio, Moore, Morton, Sutherland and Talmadge.
Passed to Committee on Rules for second reading.
January 28, 1994
SB 6047 Prime Sponsor, Senator A. Smith: Revising provisions relating to crimes involving alcohol, drugs, or mental problems. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 6047 be substituted therefor, and the substitute bill do pass and be referred to Committee on Transportation. Signed by Senators A. Smith, Chair; Ludwig, Vice Chair; Hargrove, Nelson, Quigley, Roach, Schow and Spanel.
Referred to Committee on Transportation.
January 28, 1994
SB 6110 Prime Sponsor, Senator Spanel: Providing a family health history for children upon the dissolution of a marriage. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 6110 be substituted therefor, and the substitute bill do pass. Signed by Senators A. Smith, Chair; Ludwig, Vice Chair; Hargrove, Nelson, Niemi, Quigley, Roach, Schow and Spanel.
Passed to Committee on Rules for second reading.
January 28, 1994
SB 6136 Prime Sponsor, Senator McAuliffe: Creating a thirtieth community and technical college district. Reported by Committee on Higher Education
MAJORITY Recommendation: That Substitute Senate Bill No. 6136 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Bauer, Chair; Drew, Vice Chair; Cantu, Prince, Quigley, Sheldon and West.
Referred to Committee on Ways and Means.
January 28, 1994
SB 6141 Prime Sponsor, Senator Talmadge: Changing the start up date of the new composition for the public employees' benefits board. Reported by Committee on Health and Human Services
MAJORITY Recommendation: Do pass. Signed by Senators Talmadge, Chair; Wojahn, Vice Chair; Deccio, Franklin, Fraser, Hargrove, McAuliffe, Moyer, Niemi, Prentice and Winsley.
Passed to Committee on Rules for second reading.
January 28, 1994
SB 6147 Prime Sponsor, Senator Wojahn: Increasing the length of terms for appointed members of the council for the prevention of child abuse and neglect. Reported by Committee on Health and Human Services
MAJORITY Recommendation: Do pass. Signed by Senators Talmadge, Chair; Wojahn, Vice Chair; Deccio, Franklin, Fraser, Hargrove, McAuliffe, Moyer, Niemi, Prentice and Winsley.
Passed to Committee on Rules for second reading.
January 28, 1994
SB 6150 Prime Sponsor, Senator McAuliffe: Extending reimbursement to classified school employees serving on a state education committee. Reported by Committee on Education
MAJORITY recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Pelz, Chair; McAuliffe, Vice Chair; Gaspard, Hochstatter, McDonald, Moyer, Nelson, Rasmussen, Rinehart, Skratek, A. Smith and Winsley.
Passed to Committee on Rules for second reading.
January 28, 1994
SB 6170 Prime Sponsor, Senator Pelz: Modifying the early childhood education and assistance program. Reported by Committee on Education
MAJORITY Recommendation: That Substitute Senate Bill No. 6170 be substituted therefor, and the substitute bill do pass. Signed by Senators Pelz, Chair; McAuliffe, Vice Chair; Gaspard, Hochstatter, McDonald, Moyer, Nelson, Rasmussen, Rinehart, Skratek, A. Smith and Winsley.
Passed to Committee on Rules for second reading.
January 31, 1994
SB 6172 Prime Sponsor, Senator Moore: Regulating securities transactions. Reported by Committee on Labor and Commerce
MAJORITY Recommendation: That Substitute Senate Bill No. 6172 be substituted therefor, and the substitute bill do pass. Signed by Senators Moore, Chair; Prentice, Vice Chair; Fraser, McAuliffe, Pelz, Sutherland, Vognild and Wojahn.
Passed to Committee on Rules for second reading.
January 31, 1994
SB 6222 Prime Sponsor, Senator Fraser: Establishing the Washington state horse park. Reported by Committee on Ecology and Parks
MAJORITY Recommendation: That Substitute Senate Bill No. 6222 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; Deccio, Moore, Morton and Sutherland.
Referred to Committee on Ways and Means.
January 31, 1994
SB 6231 Prime Sponsor, Senator Hargrove: Permitting killing life-threatening animals. Reported by Committee on Natural Resources
MAJORITY Recommendation: That Substitute Senate Bill No. 6231 be substituted therefor, and the substitute bill do pass. Signed by Senators Owen, Chair; Hargrove, Vice Chair; Amondson, Erwin, Franklin, Haugen, Oke, Sellar, L. Smith and Spanel.
Passed to Committee on Rules for second reading.
January 31, 1994
SB 6278 Prime Sponsor, Senator Gaspard: Authorizing cities and towns to use their special excise tax for public restroom facilities intended for visitors. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 6278 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Drew, Vice Chair; Loveland, McCaslin and Winsley.
Passed to Committee on Rules for second reading.
REPORTS OF STANDING COMMITTEE
GUBERNATORIAL APPOINTMENTS
January 31, 1994
GA 9310 SCOTT D. OKI, appointed March 10, 1993, for a term ending September 30, 1998, as a member of the University of Washington Board of Regents.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Bauer, Chair; Drew, Vice Chair; Cantu, Prince, Quigley, Sheldon and West.
Passed to Committee on Rules.
January 31, 1994
GA 9358 VELTRY H. JOHNSON, appointed May 10, 1993, for a term ending August 30, 1996, as a member of the Board of Trustees for South Puget Sound Community College District No. 24.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Bauer, Chair; Drew, Vice Chair; Cantu, Prince, Quigley, Sheldon and West.
Passed to Committee on Rules.
January 31, 1994
GA 9404 DANIEL J. EVANS, appointed November 22, 1993, for a term ending September 30, 1999, as a member of the University of Washington Board of Regents.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Bauer, Chair; Drew, Vice Chair; Cantu, Prince, Quigley, Sheldon and West.
Passed to Committee on Rules.
MESSAGE FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENT
January 28, 1994
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Roger Reidel, appointed January 28, 1994, for a term ending September 30, 1998, as a member of the Board of Trustees for Peninsula Community College District No. 1.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
INTRODUCTION AND FIRST READING
SB 6581 by Senators Bauer, Prince, Drew, Cantu, Oke and Sheldon
AN ACT Relating to higher education students' concerns; creating a new section; and declaring an emergency.
Referred to Committee on Higher Education.
SB 6582 by Senators M. Rasmussen, Newhouse, Loveland and Moore
AN ACT Relating to grades and standards for agricultural products; and amending RCW 15.17.100 and 15.17.210.
Referred to Committee on Agriculture.
SB 6583 by Senators Sheldon and Oke
AN ACT Relating to definitions of distressed areas; and amending RCW 43.165.010, 82.60.020, and 82.62.010.
Referred to Committee on Trade, Technology and Economic Development.
SB 6584 by Senator Rinehart (by request of Department of Social and Health Services)
AN ACT Relating to the family emergency assistance program; and amending RCW 74.04.660.
Referred to Committee on Ways and Means.
SJM 8031 by Senators Fraser, Deccio, Talmadge, Morton, McCaslin and Roach
Requesting the National Park Service to preserve Sunrise Lodge.
Referred to Committee on Ecology and Parks.
MOTION
At 10:08 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 11:09 a.m. by President Pro Tempore Wojahn.
MOTION
On motion of Senator Spanel, the Senate returned to the first order of business.
REPORTS OF STANDING COMMITTEES
January 31, 1994
SB 5603 Prime Sponsor, Senator Newhouse: Amending the definition of acting in the course of employment. Reported by Committee on Labor and Commerce
MAJORITY Recommendation: Do pass as amended. Signed by Senators Moore, Chair; Prentice, Vice Chair; Amondson, Deccio, Fraser, McAuliffe, Newhouse, Pelz, Prince, Sellar, Sutherland, Vognild and Wojahn.
Passed to Committee on Rules for second reading.
January 28, 1994
SB 6285 Prime Sponsor, Senator Moore: Regulating financial institutions and securities. Reported by Committee on Labor and Commerce
MAJORITY Recommendation: Do pass. Signed by Senators Moore, Chair; Prentice, Vice Chair; Amondson, Deccio, Fraser, McAuliffe, Newhouse, Pelz, Prince, Sellar, Sutherland, Vognild and Wojahn.
Passed to Committee on Rules for second reading.
January 28, 1994
SB 6286 Prime Sponsor, Senator A. Smith: Making technical corrections for the department of financial institutions. Reported by Committee on Labor and Commerce
MAJORITY Recommendation: That Substitute Senate Bill No. 6286 be substituted therefor, and the substitute bill do pass. Signed by Senators Moore, Chair; Prentice, Vice Chair; Amondson, Deccio, Fraser, McAuliffe, Newhouse, Pelz, Prince, Sellar, Sutherland, Vognild and Wojahn.
Passed to Committee on Rules for second reading.
January 31, 1994
SB 6362 Prime Sponsor, Senator Bauer: Promoting efficiency at institutions of higher education. Reported by Committee on Higher Education
MAJORITY Recommendation: Do pass. Signed by Senators Bauer, Chair; Drew, Vice Chair; Cantu, Prince, Quigley, Sheldon and West.
Referred to Committee on Ways and Means.
MOTION
On motion of Senator Spanel, the Senate advanced to the sixth order of business.
SECOND READING
SENATE BILL NO. 6027, by Senators Winsley, Haugen and McAuliffe
Creating urban emergency medical service districts.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 6027 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6027.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6027 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Absent: Senator Sellar - 1.
Excused: Senator Snyder - 1.
SENATE BILL NO. 6027, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6030, by Senator Haugen
Reenacting bidding procedures for water and sewer districts.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 6030 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6030.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6030 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Snyder - 1.
SENATE BILL NO. 6030, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6065, by Senators Ludwig, Nelson, Wojahn, Fraser, Snyder, Bauer and A. Smith
Allowing costs to be imposed against a defaulting defendant.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 6065 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6065.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6065 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Spanel, Sutherland, Talmadge, Vognild, West, Winsley and Wojahn - 47.
Voting nay: Senator Williams - 1.
Excused: Senator Snyder - 1.
SENATE BILL NO. 6065, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6067, by Senators Wojahn, Ludwig, Nelson, A. Smith, Fraser, Snyder and Bauer
Changing the Washington state magistrates' association.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 6067 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6067.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6067 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Snyder - 1.
SENATE BILL NO. 6067, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE JOINT MEMORIAL NO. 8013, by Senators Winsley, M. Rasmussen and Oke
Petitioning the president on behalf of disabled veterans.
The joint memorial was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Joint Memorial No. 8013 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8013.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8013 and the joint memorial passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Absent: Senator Moyer - 1.
Excused: Senator Snyder - 1.
SENATE JOINT MEMORIAL NO. 8013, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 6004, by Senator A. Smith
Changing limitations on trustee's powers.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 6004 was substituted for Senate Bill No. 6004 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. 6004 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6004.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6004 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Snyder - 1.
SUBSTITUTE SENATE BILL NO. 6004, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SENATE BILL NO. 5020, by Senators Nelson and Winsley
Providing for a ten-day period to repair a vehicle before a traffic infraction may be issued for defective equipment.
The bill was read the second time.
MOTION
On motion of Senator Vognild, the rules were suspended, Engrossed Senate Bill No. 5020 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5020.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5020 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Snyder - 1.
ENGROSSED SENATE BILL NO. 5020, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6220, by Senator Cantu
Creating the quality award council.
The bill was read the second time.
MOTION
On motion of Senator Sheldon, the rules were suspended, Senate Bill No. 6220 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6220.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6220 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Snyder - 1.
SENATE BILL NO. 6220, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Oke, Senator Prince was excused.
SECOND READING
SENATE BILL NO. 5645, by Senators Spanel and Fraser
Restricting property divisions.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5645 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 Anderson: "Senator McCaslin, your last part of your speech was, 'This is a good thing.' Was that reference to your point of your talk or the bill?"
Senator McCaslin: "No, one good thing about dying is you could do this if this bill doesn't pass. Hopefully, it doesn't pass, because we do want to honor the dead and give them some breaks in life."
POINT OF INQUIRY
Senator Williams: "Senator Spanel, I have a concern about this bill, too. Does the prohibition on division of property in a will prevent, in this case, would it also prevent the division of property in a will that was consistent with subdivision law? In other words, what I am getting at, it seems to me that there might be a legitimate reason for subdividing via a will when it is very definitely in compliance with normal subdivision requirements."
Senator Spanel: "It is my understanding that if it is in compliance with the local regulations, then there is no problem about dividing the will."
Senator Williams: "But, the language of the bill seems to exclude explicitly the ability to transfer or subdivide via a will or this sort of vehicle. So in other words, you would be prohibiting the use of the will to subdivide, even if it is in compliance with all zoning or subdivision requirements?"
Senator Spanel: "No. I would like to yield to Senator Haugen."
REMARKS BY SENATOR HAUGEN
Senator Haugen: "You would have to go through the process that everyone has to go through. It would have to be done legally; you certainly would be able to divide the land, but it would have to be done legally. I think the real issue here is--this issue really came from the Skagit farm lands and this was brought forth by the real estate industry in the Skagit area and the farmers who saw eroding of valuable farm land. I think it is a legitimate issue. I will tell the members about a case that we had in our committee of someone that must have had a lot of money when they were alive because they took and divided a piece of property they had into one hundred and twenty lots--one hundred and twenty lots and subdivided it. Now, average citizens who want to give something to their children cannot do that without any provisions for fire, for water, for sewer, or for anything. They divided all this land and there was nothing that could be done."
Further debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5645.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5645 and the bill failed to pass the Senate by the following vote: Yeas, 22; Nays, 25; Absent, 0; Excused, 2.
Voting yea: Senators Drew, Franklin, Fraser, Gaspard, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Spanel, Sutherland, Talmadge and Winsley - 22.
Voting nay: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Erwin, Hargrove, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Roach, Schow, Sellar, Smith, L., Vognild, West, Williams and Wojahn - 25.
Excused: Senators Prince and Snyder - 2.
SENATE BILL NO. 5645, having failed to receive the constitutional majority, was declared lost.
SECOND READING
SENATE BILL NO. 6003, by Senators A. Smith, Quigley, L. Smith, Haugen, Oke, Nelson, McAuliffe, Ludwig and Franklin
Protecting children from sexually explicit films, publications, and devices.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 6003 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6003.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6003 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.
Voting nay: Senator Niemi - 1.
Excused: Senators Prince and Snyder - 2.
SENATE BILL NO. 6003, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
NOTICE OF RECONSIDERATION
Having voted on the prevailing side, Senator Williams served notice that he would move to reconsider the vote by which Senate Bill No. 5645 failed to pass the Senate earlier today.
MOTION
At 12:06 p.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Wednesday, February 2, 1994.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate