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THIRTY-SECOND DAY

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MORNING SESSION

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Senate Chamber, Olympia, Thursday, February 10, 1994

The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators McDonald, Niemi and Pelz. On motion of Senator Oke, Senator McDonald was excused. On motion of Senator Drew, Senators Niemi and Pelz were excused.

The Sergeant at Arms Color Guard, consisting of Pages Berry Wright and Jessica Wright, presented the Colors. Reverend Joan Cathey of The Evergreen College Campus Ministry, 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.

MESSAGES FROM THE HOUSE

February 9, 1994

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 2428,

HOUSE BILL NO. 2447,

HOUSE BILL NO. 2477,

SUBSTITUTE HOUSE BILL NO. 2479,

HOUSE BILL NO. 2482, and the same are herewith transmitted.

MARILYN SHOWALTER, Chief Clerk

February 9, 1994

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 1945,

SUBSTITUTE HOUSE BILL NO. 2182,

SUBSTITUTE HOUSE BILL NO. 2191,

SUBSTITUTE HOUSE BILL NO. 2203,

HOUSE BILL NO. 2209,

SUBSTITUTE HOUSE BILL NO. 2277,

HOUSE BILL NO. 2282,

SUBSTITUTE HOUSE BILL NO. 2291,

SUBSTITUTE HOUSE BILL NO. 2351,

SUBSTITUTE HOUSE BILL NO. 2380,

HOUSE BILL NO. 2389,

SUBSTITUTE HOUSE BILL NO. 2412,

HOUSE BILL NO. 2419, and the same are herewith transmitted.

MARILYN SHOWALTER, Chief Clerk

INTRODUCTION AND FIRST READING

SB 6603 by Senator Talmadge

AN ACT Relating to adjudication of water rights; amending RCW 90.03.110, 90.03.120, 90.03.130, 90.03.140, 90.03.200, 43.27A.190, 43.21A.064, and 90.14.140; adding new sections to chapter 90.03 RCW; adding a new chapter to Title 2 RCW; creating new sections; and repealing RCW 90.03.160, 90.03.170, 90.03.180, 90.03.190, and 90.03.243.

Referred to Committee on Energy and Utilities.

SJM 8032 by Senators Erwin, Moore, Amondson, Prentice and Deccio

Concerning work done by foreign longshore workers in the United States.

Referred to Committee on Labor and Commerce.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

SHB 1945 by House Committee on Judiciary (originally sponsored by Representative Romero)

Authorizing courts to order parenting seminars in family court actions.

Referred to Committee on Law and Justice.

SHB 2182 by House Committee on Local Government (originally sponsored by Representatives Kremen, Mielke, Eide, King, Linville and H. Myers)

Providing transfer rights to certain port district fire fighters.

Referred to Committee on Labor and Commerce.

SHB 2191 by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Ogden, Schoesler, Sheahan, Roland, Carlson, Rayburn and Wineberry) (by request of Washington State University)

Regulating bidding procedures concerning minority and women-owned businesses.

Referred to Committee on Government Operations.

SHB 2203 by House Committee on Judiciary (originally sponsored by Representatives L. Johnson, J. Kohl, Long, King, Sheldon and Springer)

Allowing superior courts to use collection agencies.

Referred to Committee on Law and Justice.

HB 2209 by Representatives Forner, Appelwick, Wood, B. Thomas, Edmondson, Cooke, Karahalios, Chandler and Johanson

Changing provisions relating to restraining orders.

Referred to Committee on Law and Justice.

SHB 2277 by House Committee on Education (originally sponsored by Representatives Jones, Dorn, R. Meyers, Schmidt, Pruitt, Karahalios, Holm, Kessler, Zellinsky, Brough, Mastin, Patterson, Basich and J. Kohl)

Changing teacher evaluation provisions.

Referred to Committee on Education.

HB 2282 by Representatives Holm and Appelwick

Providing that a district court judges salary is not reduced when a pro tempore judge serves due to an affidavit of prejudice.

Referred to Committee on Law and Justice.

SHB 2291 by House Committee on Health Care (originally sponsored by Representatives Dellwo, Dyer, Ballasiotes, R. Johnson, Thibaudeau, L. Johnson and Pruitt)

Modifying certification of mental health counselors.

Referred to Committee on Health and Human Services.

SHB 2351 by House Committee on Natural Resources and Parks (originally sponsored by Representatives Shin, Patterson, Campbell, Finkbeiner, Forner, Appelwick, J. Kohl and Johanson)

Modifying provisions relating to recovery of stray logs.

Referred to Committee on Natural Resources.

SHB 2380 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Dellwo and Dyer)

Modifying malpractice insurance coverage.

Referred to Committee on Health and Human Services.

HB 2389 by Representatives Springer, Chandler, Finkbeiner and Eide (by request of Department of Labor and Industries)

Clarifying deadlines for certificates of competency for electricians.

Referred to Committee on Labor and Commerce.

SHB 2412 by House Committee on Transportation (originally sponsored by Representatives Zellinsky and Schmidt)

Revising provisions relating to registration of rental cars.

Referred to Committee on Transportation.

HB 2419 by Representatives Riley, Wineberry, Long, Brough, Johanson, Campbell, B. Thomas, L. Thomas, Bray, Wood, Schoesler, Silver, Cothern, Kessler, Kremen, Dyer, Chandler, J. Kohl, Chappell, Jones, Sheldon, King, Orr, Carlson, Tate, Mielke, H. Myers and Roland

Honoring law enforcement officers who die in the line of duty.

Referred to Committee on Law and Justice.

SHB 2428 by House Committee on Education (originally sponsored by Representatives Karahalios, Foreman, Chappell, Chandler and J. Kohl)

Allowing spouses of officers of school districts to be under contract as a certificated or classified employee.

Referred to Committee on Education.

HB 2447 by Representatives Roland, Brough, Dorn, Thibaudeau and Patterson (by request of Department of Community Development)

Modifying the early childhood education and assistance program.

Referred to Committee on Education.

HB 2477 by Representatives Foreman, Romero, Brown, Brough, Carlson, Karahalios, Van Luven, Long, Cooke and Wood (by request of Department of Revenue)

Modifying property tax administrative procedures.

Referred to Committee on Ways and Means.

SHB 2479 by House Committee on Revenue (originally sponsored by Representatives G. Fisher, Foreman, Karahalios and Springer) (by request of Department of Revenue)

Making technical corrections of excise and property tax statutes.

Referred to Committee on Ways and Means.

HB 2482 by Representatives Holm, Foreman, Brough, B. Thomas, Forner, Long, Springer, Kessler, Cooke and Wood (by request of Department of Revenue)

Extending the qualifying date for tax deferral of certain investment projects.

Referred to Committee on Ways and Means.

SECOND READING

SENATE BILL NO. 6466, by Senators Prentice, Nelson, Vognild, Hochstatter, Drew, Loveland, Sheldon, Schow, Williams, Erwin and Winsley

Streamlining the environmental permit processes for the department of transportation.

MOTIONS

On motion of Senator Vognild, Substitute Senate Bill No. 6466 was substituted for Senate Bill No. 6466 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. 6466 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. 6466.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6466 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

Excused: Senators McDonald, Niemi and Pelz - 3.

SUBSTITUTE SENATE BILL NO. 6466, 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 Drew, Senator Skratek was excused.

SECOND READING

SENATE JOINT MEMORIAL NO. 8004, by Senators Owen, Erwin, Hochstatter, von Reichbauer, Oke, Moyer, Newhouse, Bauer and M. Rasmussen

Asking Congress to propose a constitutional amendment to prohibit the physical desecration of the flag.

The joint memorial was read the second time.

MOTION

On motion of Senator Ludwig, the rules were suspended, Senate Joint Memorial No. 8004 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

Debate ensued.

POINT OF INQUIRY

Senator Moore: "Senator Owen, this, as I understand it, is limited to the flag of the United States. My question, I guess, is can this in anyway be construed to include state flags?"

Senator Owen: "Well, not the way that I read the memorial; it could not. It is drafted and directed, specifically, as the United States flag."

Senator Moore: "I just wanted to make that perfectly clear. Thank you."

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8004.

ROLL CALL

The Secretary called the roll on the final passage of Senate Joint Memorial No. 8004 and the joint memorial passed the Senate by the following vote: Yeas, 39; Nays, 6; Absent, 0; Excused, 4.

Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, West and Winsley - 39.

Voting nay: Senators Fraser, Prentice, Rinehart, Talmadge, Williams and Wojahn - 6.

Excused: Senators McDonald, Niemi, Pelz and Skratek - 4.

SENATE JOINT MEMORIAL NO. 8004, having received the constitutional majority, was declared passed.

PERSONAL PRIVILEGE

Senator Schow: "Mr. President, I rise to a point of personal privilege. Thank you, Mr. President, and members of the Senate. As all of you know, I'm sort of the rookie down here this year and it is quite a transition to go from a private citizen on Friday at noon and be appointed Friday afternoon and sworn in Monday morning and saying that you are now a member of this Senate. I just want to say 'thank you' to all of you. You will all find on your desks a little scratch pad, a personalized scratch pad. I've been going home every night the last couple of weeks working to the wee hours of the morning getting these ready for you. I just wanted to say that this will be a small token of my appreciation to all of you for your kindness and your acceptance and in helping me become a member of this body. I just want to say 'thank you.'"

MOTION

On motion of Senator Bluechel, the following resolution was adopted:

SENATE RESOLUTION 1994-8675

By Senators Bluechel and Rasmussen

WHEREAS, Martin A. Kamarck was sworn in as First Vice President and Vice-Chairman of the Export-Import Bank of the United States on November 23, 1993, following United States Senate confirmation of his nomination by President Clinton, and had been a consultant to the Export-Import Bank since May 1993; and

WHEREAS, The Export-Import Bank is extremely important to Washington State's export-dependent economy as the only agency charged solely with facilitating the financing of United States exports; and

WHEREAS, Washington State has the single most successful Export-Import Bank-sponsored "City/State" export training program, administered by the Export Assistance Center in Seattle; and

WHEREAS, Export-Import Bank has been very supportive of the Pacific Northwest Economic Region's efforts to build and expand regional cooperation in the field of exporting; and

WHEREAS, The recently released report of the Trade Promotion Coordinating Committee Working Group, Chaired by Export-Import Bank Chairman Ken Brody, outlines an ambitious program of the Clinton Administration to help states tap into the federal resources available to expand their export markets; and

WHEREAS, In 1993, The Export-Import Bank of the United States approved ninety-four million dollars in credit applications for Washington State businesses through the City State Cooperative program;

NOW, THEREFORE, BE IT RESOLVED, That the Senate honor Mr. Martin Kamarck and the Export-Import Bank for their efforts in furthering Washington State's export opportunities and recognize the very successful partnership in this state between the Export-Import Bank's City State Cooperative Program and the Export Assistance Center, which prepares export loan applications for small and medium sized Washington businesses.

INTRODUCTION OF SPECIAL GUEST

The President introduced and welcomed Martin A. Kamarck who was seated on the rostrum.

With permission of the Senate, business was suspended to permit Mr. Kamarck to address the Senate.

There being no objection, the President returned the Senate to the sixth order of business.

SECOND READING

SENATE BILL NO. 6285, by Senators Moore and Sellar (by request of Department of Financial Institutions)

Regulating financial institutions and securities.

The bill was read the second time.

MOTION

On motion of Senator Moore, the rules were suspended, Senate Bill No. 6285 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

MOTION

On motion of Senator Drew, Senator Vognild was excused.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6285.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6285 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; 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, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 47.

Excused: Senators McDonald and Vognild - 2.

SENATE BILL NO. 6285, 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. 6005, by Senator A. Smith

Updating references to the Internal Revenue Code in state trust law.

The bill was read the second time.

MOTION

On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 6005 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. 6005.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6005 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; 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, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 47.

Excused: Senators McDonald and Vognild - 2.

SENATE BILL NO. 6005, 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. 6538, by Senators Owen and Oke

Changing recreational boating safety education regarding fire prevention.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 6538 was substituted for Senate Bill No. 6538 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 6538 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. 6538.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6538 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; 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, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 47.

Excused: Senators McDonald and Vognild - 2.

SUBSTITUTE SENATE BILL NO. 6538, 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. 6092, by Senators A. Smith and Nelson

Revising the statute of limitations for negotiable instruments.

The bill was read the second time.

MOTION

On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 6092 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. 6092.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6092 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; 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, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 47.

Excused: Senators McDonald and Vognild - 2.

SENATE BILL NO. 6092, 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. 6098, by Senators M. Rasmussen, Newhouse, Snyder and Quigley (by request of Department of Agriculture)

Eliminating the expiration of the dairy inspection program.

MOTIONS

On motion of Senator Rasmussen, Substitute Senate Bill No. 6098 was substituted for Senate Bill No. 6098 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 6098 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. 6098.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6098 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; 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, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 47.

Excused: Senators McDonald and Vognild - 2.

SUBSTITUTE SENATE BILL NO. 6098, 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

At 10:02 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

The Senate was called to order at 11:37 a.m. by President Pritchard.

MOTION

At 11:37 am., on motion of Senator Spanel, the Senate recessed until 1:30 p.m.

The Senate was called to order at 1:53 p.m. by President Pritchard.

MOTION

On motion of Senator Oke, Senators Anderson, Bluechel, Sellar and Linda Smith were excused.

SECOND READING

SENATE BILL NO. 6188, by Senators Haugen, Winsley and Drew (by request of Secretary of State)

Implementing the National Voter Registration Act.

MOTIONS

On motion of Senator Haugen, Substitute Senate Bill No. 6188 was substituted for Senate Bill No. 6188 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6188 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. 6188.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6188 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

Voting yea: Senators Amondson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 43.

Absent: Senator Pelz - 1.

Excused: Senators Anderson, Bluechel, Sellar, Smith, L. and Vognild - 5.

SUBSTITUTE SENATE BILL NO. 6188, 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. 6057, by Senator Ludwig

Strengthening restrictions on aliens carrying firearms.

The bill was read the second time.

MOTION

Senator Roach moved that the following amendment by Senators Roach, Ludwig and Hargrove be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9.41.170 and 1979 c 158 s 3 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, it shall be unlawful for any person who is not a citizen of the United States((, or who has not declared his intention to become a citizen of the United States,)) to carry or have in his or her possession at any time any ((shotgun, rifle, or other)) firearm, without first having obtained a license from the director of licensing, and such license is not to be issued by the director of licensing except upon the certificate of the consul domiciled in the state and representing the country of such alien((, that he)). The consul shall present a certified copy of the criminal history from the alien's country, and attest that the alien is a responsible person ((and)). Upon the payment ((for the license)) of the sum of ((fifteen)) twenty-three dollars((: PROVIDED, That)) by the alien, the director of licensing may issue the license.

(2) If the consul has not provided a certificate of criminal history within ninety days after request by the alien, the alien may apply for a concealed pistol license under RCW 9.41.070 if the alien has been a resident of this state for not less than two years.

(3) This section shall not apply to Canadian citizens resident in a province which has an enactment or public policy providing substantially similar privilege to residents of the state of Washington and who are carrying or possessing weapons for the purpose of using them in the hunting of game while such persons are in the act of hunting, or while on a hunting trip, or while such persons are competing in a bona fide trap or skeet shoot or any other organized contest where rifles, pistols, or shotguns are used ((as to weapons used in such contest)). Nothing in this section shall be construed to allow aliens to hunt or fish in this state without first having obtained a ((regular)) nonresident hunting or fishing license.

(4) Any person violating the provisions of subsection (1) of this section shall be guilty of a ((misdemeanor)) class C felony."

POINT OF INQUIRY

Senator Talmadge: "Senator Roach, I presume then that for these individuals under Subsection 2 of your amendment that they would be required to go through the normal kind of background check that we require for any other applicant for a concealed weapons permit, so that these individuals can be checked out as to their criminal history here in the state of Washington or in the United States for the two years they have been in residence in this state or in this country."

Senator Roach: "That is correct. This is a very good bill, which quite frankly may even improve upon--definitely improve upon what we have been doing in the past. The bill itself is to close a very large loophole and Senator Ludwig is to be commended for bringing up the issue and this, I think, clarifies it even greater."

Senator Talmadge: "Is there someplace in this bill or someplace else in RCW 9.41 though that makes clear that these resident aliens would be required to go through the background check that a United States citizen would have to go through under our own law or under the Brady Bill at the national level?"

Senator Roach: "9.41.070 requires that there be finger printing and a background check."

Senator Talmadge: "For these individuals?"

Senator Roach: "For anyone applying through that statute. That is what they have to go through. It is a situation where you have your finger prints taken at any local jurisdiction and there is a background check done, not only to your--any kind of felony convictions but also to your mental deviations you may have, in terms of hospitalization. It actually puts them through the same kind of thing that we require of U.S. citizens, which is more stringent than what they are going through now."

Further debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Roach, Ludwig and Hargrove to Senate Bill No. 6057.

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

MOTIONS

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

On line 1 of the title, after "firearms;" strike the remainder of the title and insert "amending RCW 9.41.170; and prescribing penalties."

On motion of Senator Adam Smith, the rules were suspended, Engrossed Senate Bill No. 6057 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. 6057.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6057 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; 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, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.

Excused: Senators Sellar and Smith, L. - 2.

ENGROSSED SENATE BILL NO. 6057, 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. 6170, by Senators Pelz and McDonald (by request of Department of Community Development)

Modifying the early childhood education and assistance program.

MOTIONS

On motion of Senator Pelz, Substitute Senate Bill No. 6170 was substituted for Senate Bill No. 6170 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Pelz, the rules were suspended, Substitute Senate Bill No. 6170 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. 6170.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6170 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, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 6170, 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. 6158, by Senators Talmadge, Moyer, Wojahn and McAuliffe (by request of Department of Health)

Modifying regulations for control of tuberculosis.

The bill was read the second time.

MOTION

Senator Talmadge moved that the following Committee on Health and Human Services amendment be adopted:

On page 2, line 10, after "70.05.070" insert "that provide for release from any involuntary detention, testing, treatment, or isolation as soon as the health officer determines the patient no longer represents a risk to the public's health"

Debate ensued.

The President declared the question before the Senate to be the adoption of the Committee on Health and Human Services amendment on page 2, line 10, to Senate Bill No. 6158.

The motion by Senator Talmadge carried and the committee amendment was adopted.

MOTION

On motion of Senator Talmadge, the rules were suspended, Engrossed Senate Bill No. 6158 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. 6158.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6158 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 49.

ENGROSSED SENATE BILL NO. 6158, 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. 6123, by Senators Fraser, Deccio, Amondson, Loveland, Snyder, Sellar, Skratek, Pelz and Winsley

Modifying provisions of the model toxics control act.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 6123 was substituted for Senate Bill No. 6123 and the substitute bill was placed on second reading and read the second time.

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

On page 12, at line 10, after "under a" strike "settlement,"

On page 12, at line 11, after "consent decree" strike ", or agreed order"

MOTION

On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 6123 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. 6123.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6123 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 49.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6123, 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. 6438, by Senators Bauer, Hochstatter, Deccio, Sutherland, Drew, McAuliffe, Oke and Winsley

Allowing four-year institutions of higher education to accept students in the running start program.

The bill was read the second time.

MOTION

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

On page 3, line 28, after "." insert "A student enrolled in an institution of higher education under RCW 28A.600.300 through 28A.600.390 shall not be awarded postsecondary credit until the student pays the tuition at the resident tuition rate in effect at the time the coursework was taken. The tuition shall only be paid if the credits are recognized by the postsecondary institution that the student attends. This requirement shall be waived upon application to the higher education coordinating board for any student that qualifies for a tuition waiver based upon need or scholarship based upon need at the institution the student is currently attending. The tuition shall be deposited in a scholarship fund for low-income students which is hereby created in the state treasury and which shall be administered by the higher education coordinating board."

On page 4, line 15, after "education." strike "The state institution of higher education shall not charge a fee for the award of credits." and insert "((The state institution of higher education shall not charge a fee for the award of credits.)) The institution of higher education shall charge the tuition required under RCW 28A.600.350 for any credits accepted."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Pelz on page 3, line 28, and page 4, line 15, to Senate Bill No. 6438.

The motion by Senator Pelz failed and the amendments were not adopted.

MOTION

On motion of Senator Bauer, the rules were suspended, Senate Bill No. 6438 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. 6438.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6438 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 49.

SENATE BILL NO. 6438, 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. 6367, by Senators Moore and Newhouse

Regulating microbreweries.

The bill was read the second time.

MOTION

On motion of Senator Moore, the rules were suspended, Senate Bill No. 6367 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. 6367.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6367 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.

Absent: Senator McDonald - 1.

SENATE BILL NO. 6367, 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. 5603, by Senators Newhouse, Vognild, Anderson, Amondson, Prince, Prentice and Winsley

Amending the definition of acting in the course of employment.

The bill was read the second time.

MOTIONS

On motion of Senator Vognild, the following Committee on Labor and Commerce amendment was adopted:

On page 2, after line 6, insert:

"As used in this section, "voluntary recreational activity or program" does not include any health or wellness programs sponsored and required by the employer."

On motion of Senator Vognild, the rules were suspended, Engrossed Senate Bill No. 5603 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. 5603.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5603 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 49.

ENGROSSED SENATE BILL NO. 5603, 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 Amondson, Senator Bluechel was excused.

SECOND READING

SENATE BILL NO. 6135, by Senators Talmadge, McDonald and Prentice

Modifying provisions regarding licensure of psychologists.

The bill was read the second time.

MOTION

On motion of Senator Talmadge, the rules were suspended, Senate Bill No. 6135 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. 6135.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6135 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Amondson, Anderson, Bauer, 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., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.

Excused: Senator Bluechel - 1.

SENATE BILL NO. 6135, 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

At 3:01 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.

The Senate was called to order at 5:03 p.m. by President Pritchard.

MOTION

On motion of Senator Oke, Senators Erwin and Schow were excused.

SECOND READING

SENATE BILL NO. 6225, by Senators Williams, Drew, Quigley and Sheldon

Preventing conflict of interest by agency lobbyists.

MOTION

On motion of Senator Williams, Substitute Senate Bill No, 6225 was substituted for Senate Bill No. 6225 and the substitute bill was placed on second reading and read the second time.

There being no objection, the President deferred further consideration of Substitute Senate Bill No. 6225.

SECOND READING

SENATE BILL NO. 6213, by Senators Pelz, Franklin, Prentice and Moyer (by request of Department of Community Development)

Modifying limitations of housing-related capital bond proceeds.

MOTIONS

On motion of Senator Pelz, Substitute Senate Bill No. 6213 was substituted for Senate Bill No. 6213 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Pelz, the rules were suspended, Substitute Senate Bill No. 6213 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. 6213.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6213 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 19; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Deccio, Drew, Franklin, Gaspard, Hargrove, Loveland, Ludwig, McAuliffe, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Talmadge, Vognild, Williams and Wojahn - 28.

Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Fraser, Haugen, Hochstatter, McCaslin, McDonald, Morton, Nelson, Newhouse, Oke, Prince, Sellar, Smith, L., Sutherland, West and Winsley - 19.

Excused: Senators Erwin and Schow - 2.

SUBSTITUTE SENATE BILL NO. 6213, 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 Moyer was excused.

SECOND READING

SENATE BILL NO. 6172, by Senators Moore, Loveland, Quigley, Sheldon, Franklin and Fraser

Regulating securities transactions.

MOTIONS

On motion of Senator Moore, Substitute Senate Bill No. 6172 was substituted for Senate Bill No. 6172 and the substitute bill was placed on second reading and read the second time.

Senator Talmadge moved that the following amendment by Senators Moore and Talmadge be adopted:

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

"NEW SECTION. Sec. 6. A new section is added to chapter 21.20 RCW to read as follows:

It is the fundamental policy of the state of Washington that any provision in an agreement between a broker-dealer and a customer that restricts venue in a judicial or arbitration proceeding to a place other than this state shall be of no force and effect."

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

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Moore and Talmadge on page 6, after line 6, to Substitute Senate Bill No. 6172.

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

MOTION

On motion of Senator Moore, the rules were suspended, Engrossed Substitute Senate Bill No. 6172 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 Substitute Senate Bill No. 6172.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6172 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 14; Absent, 0; Excused, 3.

Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Nelson, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 32.

Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach and Sellar - 14.

Excused: Senators Erwin, Moyer and Schow - 3.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6172, 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. 6547, by Senators Sheldon, Niemi, Prentice and Anderson

Providing for auditing of mental health systems.

MOTIONS

On motion of Senator Talmadge, Substitute Senate Bill No. 6547 was substituted for Senate Bill No. 6547 and the substitute bill was placed on second reading and read the second time.

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

On page 1, line 13, after "establish a" insert "single"

On page 2, line 8, after "all" strike "state-appropriated" and insert "appropriated"

On page 2, line 14, after "health" insert "adult and children"

On page 2, line 16, after "providers" insert "and regional support networks. Such outcomes shall include at a minimum:

(a) Increased stable community living;

(b) Increased age-appropriate daily activity, including employment, as measured by wages;

(d) Increased clients in safe, independent housing;

(e) Increased consumer and family satisfaction with services provided; and

(f) Increased system efficiencies"

MOTION

Senator Anderson moved that the following amendment be adopted:

On page 2, line 9, after "services." insert "Assessment must be made of the extent to which the current practice of paying periodic salary adjustments or bonuses to employees is utilized by mental health providers and the impact of this practice on the accountability for state-appropriated funds."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Anderson on page 2, line 9, to Substitute Senate Bill No. 6547.

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

MOTION

On motion of Senator Talmadge, the rules were suspended, Engrossed Substitute Senate Bill No. 6547 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 Substitute Senate Bill No. 6547.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6547 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, 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, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.

Absent: Senator Sellar - 1.

Excused: Senators Erwin and Schow - 2.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6547, 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

At 5:36 p.m., on motion of Senator Spanel, the Senate adjourned until 8:00 a.m., Friday, February 11, 1994.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate