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THIRTY-THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, February 11, 1994
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 Amondson, Anderson, Erwin, Niemi, Owen, Rasmussen, Rinehart, Sellar and Linda Smith. On motion of Senator Oke, Senators Amondson, Anderson, Erwin, Sellar and Linda Smith were excused. On motion of Senator Loveland, Senators Owen and Rinehart were excused.
The Sergeant at Arms Color Guard, consisting of Pages Katie Wilharn and Ayana Ehrlichman, presented the Colors. Reverend Joan Cathey of The Evergreen State 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:
HOUSE BILL NO. 2245,
SUBSTITUTE HOUSE BILL NO. 2334,
HOUSE BILL NO. 2407,
HOUSE BILL NO. 2492,
HOUSE BILL NO. 2494,
SUBSTITUTE HOUSE BILL NO. 2540,
SUBSTITUTE HOUSE BILL NO. 2541,
SUBSTITUTE HOUSE BILL NO. 2543,
SUBSTITUTE HOUSE BILL NO. 2560,
SUBSTITUTE HOUSE BILL NO. 2566,
HOUSE BILL NO. 2583,
HOUSE BILL NO. 2590,
HOUSE BILL NO. 2593,
SUBSTITUTE HOUSE BILL NO. 2623,
SUBSTITUTE HOUSE BILL NO. 2627,
SUBSTITUTE HOUSE BILL NO. 2655,
SUBSTITUTE HOUSE BILL NO. 2693,
HOUSE BILL NO. 2749,
SUBSTITUTE HOUSE BILL NO. 2754,
HOUSE BILL NO. 2849,
HOUSE BILL NO. 2851,
SUBSTITUTE HOUSE BILL NO. 2865,
HOUSE BILL NO. 2893, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
February 9, 1994
MR. PRESIDENT:
The House has passed:
SECOND SUBSTITUTE HOUSE BILL NO. 1298,
REENGROSSED SUBSTITUTE HOUSE BILL NO. 1471,
HOUSE BILL NO. 1804,
HOUSE BILL NO. 1867,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2080,
SUBSTITUTE HOUSE BILL NO. 2151,
ENGROSSED HOUSE BILL NO. 2171,
SUBSTITUTE HOUSE BILL NO. 2178,
SUBSTITUTE HOUSE BILL NO. 2238,
SUBSTITUTE HOUSE BILL NO. 2274,
SUBSTITUTE HOUSE BILL NO. 2321,
ENGROSSED HOUSE BILL NO. 2327,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2388,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2396,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2401,
ENGROSSED HOUSE BILL NO. 2523,
ENGROSSED HOUSE BILL NO. 2643,
SUBSTITUTE HOUSE JOINT RESOLUTION NO. 4214, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
February 10, 1994
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1339,
HOUSE BILL NO. 2159,
SUBSTITUTE HOUSE BILL NO. 2170,
SUBSTITUTE HOUSE BILL NO. 2172,
HOUSE BILL NO. 2173,
SUBSTITUTE HOUSE BILL NO. 2192,
SUBSTITUTE HOUSE BILL NO. 2246,
HOUSE BILL NO. 2258, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
2SHB 1298 by House Committee on Education (originally sponsored by Representatives G. Cole, Brough, Flemming, Dorn, Peery, Karahalios, Pruitt, Rust, Cothern, Jones, Long, Chappell, Holm, Eide, Linville, Johanson, Foreman, Riley, J. Kohl, Springer, Cooke, Wood, Lemmon, Jacobsen, Wang, Leonard, Carlson, Brumsickle, B. Thomas, H. Myers, Rayburn and Orr) (by request of Washington State School Directors Association, Board of Education and Superintendent of Public Instruction)
Providing for a simple majority of voters voting to authorize school district levies and bonds.
Referred to Committee on Education.
SHB 1339 by House Committee on Judiciary (originally sponsored by Representatives Pruitt, R. Meyers, Brumsickle, Zellinsky and Schmidt)
Appointing court commissioners in municipal court.
Referred to Committee on Law and Justice.
RESHB 1471 by House Committee on Fisheries and Wildlife (originally sponsored by Representatives King, Basich, Orr, Fuhrman, Brumsickle, Foreman and G. Cole)
Regulating the non-Puget Sound coastal commercial crab fishery.
Referred to Committee on Natural Resources.
HB 1804 by Representatives Campbell, Mastin and Flemming
Clarifying procedures for temporary remedies from agency action.
Referred to Committee on Government Operations.
HB 1867 by Representatives Anderson, Edmondson, Jacobsen, Rayburn and Thibaudeau
Designating the Washington park arboretum as an official state arboretum.
Referred to Committee on Ecology and Parks.
ESHB 2080 by House Committee on Revenue (originally sponsored by Representatives Ballard, Peery, G. Fisher, Foreman, Romero, Fuhrman, Cothern, Thibaudeau, Van Luven, Wang, Morris, Anderson, Brumsickle, Sheldon, Silver, Brough, Mielke, Johanson, Padden, L. Johnson, Kremen, Eide, Chandler, Edmondson, Wood, Cooke, Miller, J. Kohl, Stevens, Reams, Schoesler, Ballasiotes and Horn)
Exempting juvenile newspaper carriers from business and occupation tax.
Referred to Committee on Ways and Means.
SHB 2151 by House Committee on Health Care (originally sponsored by Representatives L. Johnson, Ballasiotes, Dellwo, Chappell, Cothern, Conway, Thibaudeau, Talcott, Wood, Heavey, Sheldon, Van Luven, Campbell, Brough, Dorn, Lemmon, Long, Dyer, Kessler, Holm, Wineberry, Basich, Romero, Springer, Hansen, H. Myers, Leonard and Foreman)
Requiring that victims of felony sex offenses be given notice of HIV test results, whether the results are positive or negative.
Referred to Committee on Health and Human Services.
HB 2159 by Representatives Sheldon, Holm, Dellwo and Wineberry
Changing provisions relating to criminal jurisdiction on Skokomish tribal lands.
Referred to Committee on Law and Justice.
SHB 2170 by House Committee on Education (originally sponsored by Representatives Sommers, Silver, Ogden, Fuhrman, Dunshee, Dorn, Brough, B. Thomas, L. Johnson and J. Kohl) (by request of Legislative Budget Committee)
Extending the duration of special services demonstration projects.
Referred to Committee on Education.
EHB 2171 by Representatives G. Cole, King and Scott
Regulating electrical contractors.
Referred to Committee on Labor and Commerce.
SHB 2172 by House Committee on Judiciary (originally sponsored by Representatives Ogden, Dunshee, Silver, Valle, Karahalios and Johanson) (by request of Legislative Budget Committee)
Revising provisions relating to the employer reporting program of the office of support enforcement.
Referred to Committee on Law and Justice.
HB 2173 by Representatives Heavey, G. Cole and King (by request of Department of Licensing)
Providing for the registration of engineers-in-training.
Referred to Committee on Labor and Commerce.
SHB 2178 by House Committee on Local Government (originally sponsored by Representatives H. Myers and Orr)
Clarifying employee transfer rights for fire fighters.
Referred to Committee on Labor and Commerce.
SHB 2192 by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives G. Cole, Forner, Veloria, Ogden and Wineberry) (by request of Office of Minority and Women's Business Enterprises)
Exempting materials submitted for certification under chapter 39.19 RCW from public records disclosure requirements.
Referred to Committee on Law and Justice.
SHB 2238 by House Committee on State Government (originally sponsored by Representatives B. Thomas, Dorn, Padden, Bray, Casada, Anderson, Horn, Chappell, Brumsickle and Dyer)
Eliminating provisions requiring public entities to purchase fuel mined or produced in Washington state.
Referred to Committee on Government Operations.
HB 2245 by Representatives Padden, Zellinsky, Mielke, Horn, Dyer and Long
Providing for bond call notification.
Referred to Committee on Labor and Commerce.
SHB 2246 by House Committee on Education (originally sponsored by Representatives B. Thomas, Dorn, Brough, Cothern, Brumsickle, Pruitt, Dyer, Karahalios, Stevens, L. Thomas, Eide and Basich)
Changing provisions relating to substitute school employees.
Referred to Committee on Education.
HB 2258 by Representatives Valle, Cooke, Patterson, Brown, Wineberry, King, Campbell, L. Johnson and J. Kohl
Authorizing guardians to obtain background checks of babysitters and caretakers.
Referred to Committee on Health and Human Services.
SHB 2274 by House Committee on Education (originally sponsored by Representatives Quall, Carlson, R. Meyers, Brough, Basich, Karahalios, Peery, Kessler, Eide, L. Johnson, Linville, Shin, Hansen, Talcott, Long, Van Luven, Cooke, Veloria, Scott, Johanson, Finkbeiner, Dunshee, Schoesler, Mastin, Pruitt, Wineberry, King, Conway, Kremen, Springer and H. Myers)
Establishing high school credit equivalencies for credits earned in institutions of higher education.
Referred to Committee on Higher Education.
SHB 2321 by House Committee on Local Government (originally sponsored by Representatives Springer, H. Myers, Edmondson, Johanson and Jones)
Standardizing competitive bidding procedures.
Referred to Committee on Government Operations.
EHB 2327 by Representatives Jacobsen, Brumsickle, Quall, Basich, Ogden, Kessler, Mastin, Wood, Casada, Shin, Orr, Rayburn, Romero and Anderson
Requiring appropriate services for disabled students at institutions of higher education.
Referred to Committee on Higher Education.
SHB 2334 by House Committee on State Government (originally sponsored by Representatives Jacobsen, Ogden, Pruitt, Brough, R. Fisher, Anderson, J. Kohl and Moak)
Printing publications of historical societies.
Referred to Committee on Government Operations.
ESHB 2388 by House Committee on Commerce and Labor (originally sponsored by Representatives Conway, Heavey, H. Myers, Campbell, King and Anderson) (by request of Department of Labor and Industries)
Providing penalties for multiple failures by a contractor or subcontractor to pay the prevailing rate of wage.
Referred to Committee on Labor and Commerce.
ESHB 2396 by House Committee on Corrections (originally sponsored by Representatives Orr, Morris, Sommers, Dellwo, Padden, Conway, Linville, Kremen, Chandler, Foreman, Lisk, Long, Johanson, Silver, Cothern, Kessler, J. Kohl, Chappell, Romero, Holm, Jones, Sheldon, Eide, Rayburn, L. Johnson, Springer and H. Myers)
Requiring prisoners to make a one dollar payment for each medical visit.
Referred to Committee on Law and Justice.
ESHB 2401 by House Committee on Environmental Affairs (originally sponsored by Representatives Linville, Horn, Rust, Quall, L. Johnson, Foreman, Wood and J. Kohl)
Disposing of residential sharps waste.
Referred to Committee on Ecology and Parks.
HB 2407 by Representatives Scott, Leonard, Talcott and Jones
Increasing the length of terms for appointed members of the council for the prevention of child abuse and neglect.
Referred to Committee on Health and Human Services.
HB 2492 by Representatives Dellwo and Dyer (by request of Department of Social and Health Services)
Modifying federal requirements regarding medical assistance.
Referred to Committee on Health and Human Services.
HB 2494 by Representatives Jones, Mielke and Kremen
Requiring moving companies to use a Washington utilities and transportation commission permit number for advertisements.
Referred to Committee on Transportation.
EHB 2523 by Representatives Rayburn, Schoesler, Chappell, Chandler, Foreman, Hansen, R. Meyers and Mastin (by request of Department of Agriculture)
Regulating custom slaughtering and custom meat facility licenses.
Referred to Committee on Agriculture.
SHB 2540 by House Committee on Corrections (originally sponsored by Representatives Long, Appelwick, Morris, Johanson, Padden, Brough, Sheahan, B. Thomas, Dyer, Brumsickle, Kremen, Forner, Springer and Reams)
Releasing information concerning sex offenders.
Referred to Committee on Law and Justice.
SHB 2541 by House Committee on Revenue (originally sponsored by Representatives Cothern, Brown, Foreman, Romero, Brough, J. Kohl, Van Luven, Rust and Talcott) (by request of Department of Revenue)
Clarifying the business and occupation tax on newspapers.
Referred to Committee on Ways and Means.
SHB 2543 by House Committee on Judiciary (originally sponsored by Representatives Wang, R. Fisher, Long, Mielke and Wood)
Revising provisions relating to awards to persons found not guilty by reason of self defense.
Referred to Committee on Law and Justice.
SHB 2560 by House Committee on Higher Education (originally sponsored by Representatives Kessler, Brumsickle, Jones, Flemming, Quall, Jacobsen, Orr, Mastin, Rayburn, Ogden, Wood, Sheahan, Basich, Carlson, Shin, Bray, Mielke, Dunshee, Brough, Pruitt, J. Kohl, Karahalios, Schoesler, Talcott, Forner and Tate)
Changing state work study provisions.
Referred to Committee on Higher Education.
SHB 2566 by House Committee on Judiciary (originally sponsored by Representatives Dyer, Lisk, B. Thomas, Brough, Brumsickle, Talcott, Long, Mielke, Cooke and Wood)
Providing limited immunity from liability for organizations distributing donated items to children.
Referred to Committee on Law and Justice.
HB 2583 by Representatives Veloria, Reams, Anderson, J. Kohl, Wood and Campbell
Concerning documents that are exempt from public inspection.
Referred to Committee on Law and Justice.
HB 2590 by Representatives King, Quall, Jones and Springer (by request of Statute Law Committee)
Eliminating obsolete references to the department of fisheries and the department of wildlife.
Referred to Committee on Natural Resources.
HB 2593 by Representatives R. Fisher and Springer (by request of Department of Transportation)
Funding highway improvements.
Referred to Committee on Transportation.
SHB 2623 by House Committee on State Government (originally sponsored by Representative Anderson)
Clarifying definitions regarding elections.
Referred to Committee on Government Operations.
SHB 2627 by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Quall, Ballard, Valle, Foreman, Shin, Sehlin, Campbell, Johanson, Veloria, Peery, Hansen, G. Cole, Lemmon, Brumsickle, Heavey, Finkbeiner, Dunshee, R. Johnson, Karahalios, Springer, Mastin, Jacobsen, Chappell, R. Meyers, Basich, Patterson, Linville, Grant, Fuhrman, Kremen, Dorn, Ogden, Caver, Scott, Moak, Kessler, Conway, Roland, King, Rayburn, Chandler and J. Kohl)
Creating a housing finance program.
Referred to Committee on Labor and Commerce.
EHB 2643 by Representatives Sommers and Silver (by request of Department of Retirement Systems)
Cross-referencing pension statutes.
Referred to Committee on Ways and Means.
SHB 2655 by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Shin, H. Myers and Forner) (by request of Department of Community Development)
Revising provisions relating to ownership of manufactured homes.
Referred to Committee on Labor and Commerce.
SHB 2693 by House Committee on Higher Education (originally sponsored by Representatives Quall, Jacobsen, Brumsickle, Carlson, Forner, Van Luven, Dyer, Cooke, Brough and Springer)
Changing provisions relating to higher education degree-granting authority.
Referred to Committee on Higher Education.
HB 2749 by Representative Springer
Revising provisions relating to cities and towns annexed by fire protection districts.
Referred to Committee on Ways and Means.
SHB 2754 by House Committee on Judiciary (originally sponsored by Representatives McMorris, Appelwick, Padden, Campbell, Schoesler, Johanson, Foreman, Mielke, Finkbeiner, Fuhrman, Mastin, Wineberry, Sheahan, L. Thomas, Cooke, Brough and Springer)
Authorizing use of closed circuit television in court procedural hearings.
Referred to Committee on Law and Justice.
HB 2849 by Representatives Linville and King
Exempting nonsalmon delivery license holders from United States residency requirements.
Referred to Committee on Natural Resources.
HB 2851 by Representatives Appelwick, Morris, J. Kohl, Veloria, Caver and King (by request of Insurance Commissioner)
Allowing courts to waive injunction bonds if person's health or life is jeopardized.
Referred to Committee on Law and Justice.
SHB 2865 by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Valle, Sheldon and Roland)
Concerning the release of personal financial information obtained by a governmental agency.
Referred to Committee on Trade, Technology and Economic Development.
HB 2893 by Representative Heavey (by request of Law Revision Commission)
Correcting double amendments relating to job service programs and activities.
Referred to Committee on Labor and Commerce.
SHJR 4214 by House Committee on Education (originally sponsored by Representatives G. Cole, Dorn, Brumsickle, Pruitt, Patterson, Rust, Sheldon, Leonard, Jones, Wineberry, Valle, Eide, King, Cothern, Carlson, Holm, Ogden, L. Johnson, Quall, Springer and J. Kohl) (by request of Washington State School Directors Association, Board of Education and Superintendent of Public Instruction)
Amending the Constitution to provide for a simple majority of voters voting to authorize school district levies.
Referred to Committee on Education.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Gaspard, Gubernatorial Appointment No. 9407, Ruta E. Fanning, as Director of the Office of Financial Management, was confirmed.
APPOINTMENT OF RUTA E. FANNING
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 2; Excused, 7.
Voting yea: Senators Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Roach, Schow, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 40.
Absent: Senators Niemi and Rasmussen, M. - 2.
Excused: Senators Amondson, Anderson, Erwin, Owen, Rinehart, Sellar and Smith, L. - 7.
MOTION
On motion of Senator Bauer, Gubernatorial Appointment No. 9404, Daniel Evans, as a member of the Board of Regents for the University of Washington, was confirmed.
APPOINTMENT OF DANIEL EVANS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 1; Absent, 0; Excused, 6.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.
Voting nay: Senator Moore - 1.
Excused: Senators Amondson, Erwin, Owen, Rinehart, Sellar and Smith, L. - 6.
SECOND READING
SENATE BILL NO. 6520, by Senators Oke and Haugen
Eliminating the primary in park and recreation district elections.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 6520 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. 6520.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6520 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators 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., Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.
Excused: Senators Amondson, Erwin, Rinehart and Sellar - 4.
SENATE BILL NO. 6520, 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. 6089, by Senators West, Bauer, A. Smith, Vognild, Talmadge, Nelson, Prince, Oke, Sutherland, Winsley, Sheldon, M. Rasmussen, Deccio, Erwin, Roach, Ludwig, Drew, Loveland, Sellar, Cantu, Morton and Skratek (by request of Washington State University)
Creating the collegiate license plate fund program.
MOTIONS
On motion of Senator Vognild, Substitute Senate Bill No. 6089 was substituted for Senate Bill No. 6089 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. 6089 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. 6089.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6089 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators 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., Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.
Excused: Senators Amondson, Erwin, Rinehart and Sellar - 4.
SUBSTITUTE SENATE BILL NO. 6089, 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. 6401, by Senators Franklin, Winsley, Prentice, Rinehart, Pelz, Talmadge, Moore, Drew, Fraser, Moyer, Wojahn and Williams
Requiring a report on environmental risks in relationship to minority and low-income communities.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 6401 was substituted for Senate Bill No. 6401 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. 6401 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 Fraser, not having been on the committee and heard the discussion, the idea is to match the most polluted sites in the state of Washington, then to see if there is any information on the soci-economic areas, that those sites are in? Is that the idea that we are trying to get here--and an inventory?"
Senator Fraser: "The report that would be produced would include demographic information, a survey of environmental facilities of the categories listed in here, a list of census tracts ranked in order of the amount of toxic chemicals released each year and then a map would be produced."
Senator Anderson: "Is this done with an idea that we are going to have a different prioritization of sites that DOE and EP are going to work on? What course of action will this lead to once we identify this inventory?"
Senator Fraser: "The bill does not deal with the issue of prioritization or regulation or funds, it is strictly a study. It is strictly an inquiry as to compare, basically, two sets of data and see if there are any patterns that we think we might disagree with. If so, then we would engage in a policy discussion of that. But, the study doesn't presume that there is a problem, but there is a legitimate question as to whether there is. I certainly hope this study shows there are not one or two categories of people or communities in our state that are disproportionately impacted. I hope that is the outcome of the study, myself."
Further debate ensued.
POINT OF INQUIRY
Senator Bluechel: "Senator Fraser, this is a fairly extensive study and if you read through it, it requires a good deal of work. What is the fiscal note on this and who carries the burden of paying for it?"
Senator Fraser: "The fiscal--as the previous speaker and prime sponsor indicated--this study was narrowed down substantially from the original introduction. At this point, the fiscal impact is in the twenty thousand dollar range and to be paid, I believe, from the toxic fund. I'll check that."
Further debate ensued.
FURTHER REMARKS BY SENATOR FRASER
Senator Fraser: "Thank you, Mr. President. I would like to correct information I just gave. The source of the money for the study is the Worker Right to Know Fund. This is a fund that is paid--the source of revenue is fees on businesses. There is a fund balance in the fund and that would be the source."
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6401.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6401 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 18; Absent, 1; Excused, 4.
Voting yea: Senators Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 26.
Voting nay: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Oke, Rasmussen, M., Roach, Schow, Sheldon, Smith, L. and West - 18.
Absent: Senator Newhouse - 1.
Excused: Senators Amondson, Erwin, Rinehart and Sellar - 4.
SUBSTITUTE SENATE BILL NO. 6401, 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. 6368, by Senators Haugen and Winsley
Revising times for filing declarations and withdrawals of candidacy.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 6368 was substituted for Senate Bill No. 6368 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. 6368 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. 6368.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6368 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Bauer, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.
Voting nay: Senators Anderson, Bluechel, Newhouse and Roach - 4.
Excused: Senators Erwin, Rinehart and Sellar - 3.
SUBSTITUTE SENATE BILL NO. 6368, 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. 6571, by Senators Moore, Wojahn, Gaspard, Franklin, Prentice and Winsley
Disclosing information on residential real estate.
MOTIONS
On motion of Senator Wojahn, Substitute Senate Bill No. 6571 was substituted for Senate Bill No. 6571 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Wojahn, the rules were suspended, Substitute Senate Bill No. 6571 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. 6571.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6571 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 6; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Bauer, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 41.
Voting nay: Senators Anderson, Bluechel, McCaslin, Oke, Schow and Smith, L. - 6.
Excused: Senators Erwin and Rinehart - 2.
SUBSTITUTE SENATE BILL NO. 6571, 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 Skratek, the following resolution was adopted:
SENATE RESOLUTION 1994-8674
By Senator Skratek
WHEREAS, The population of cats and dogs in Washington State exceeds the number of available opportunities for placement or adoption; and
WHEREAS, More than three hundred thirty-five thousand animals were placed in animal shelters and put to death from 1990 through 1992; and
WHEREAS, The statistical trends of animal overpopulation indicate that more than seven hundred seventy thousand additional animals will be killed in animal shelters by the Year 2008; and
WHEREAS, The expense and administration of animal control is a significant burden to local governments; and
WHEREAS, It is unrealistic to expect a sufficient number of homes to be found for the cat and dog population despite the commendable efforts made by public and private agencies; and
WHEREAS, The expense of spaying and neutering can be a deterrent to the financial capacity of persons to assist in control of the animal population; and
WHEREAS, The difficulties and distress associated with animal control can be significantly reduced by a reduction in the breeding of cats and dogs;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington that the citizens of the state of Washington are encouraged to adopt a one-year moratorium on the casual, indiscriminate, or unplanned breeding of cats and dogs; and
BE IT FURTHER RESOLVED, That the Governor of the state is encouraged to call for a voluntary moratorium on such casual, indiscriminate, or unplanned breeding of cats and dogs; and
BE IT FURTHER RESOLVED, That local governments and the veterinary profession are encouraged to expand cooperative efforts to reduce the population of cats and dogs by making available more reduced-cost spaying and neutering programs; and
BE IT FURTHER RESOLVED, That copies of this resolution be transmitted by the Secretary of the Senate to the Governor, animal control agencies, and the State Veterinary Association.
MOTION
At 9:06 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 10:15 a.m. by President Pritchard.
MOTION
On motion of Senator Spanel, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 6155, by Senators McAuliffe, Winsley, Franklin, Prentice and Bauer
Revising provisions relating to schools.
MOTIONS
On motion of Senator McAuliffe, Substitute Senate Bill No. 6155 was substituted for Senate Bill No. 6155 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Pelz, the following amendment was adopted:
On page 2, line 36, strike "five" and insert "two"
MOTION
On motion of Senator McAuliffe, the rules were suspended, Engrossed Substitute Senate Bill No. 6155 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. 6155.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6155 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, 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.
Absent: Senator Cantu - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6155, 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 Spanel, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Linda Smith, the following resolution was adopted:
SENATE RESOLUTION 1994-8668
By Senators L. Smith and Snyder
WHEREAS, The Washington State Legislature encourages excellence in academic and athletic performance in the schools of this state; and
WHEREAS, The State Class A Girls' Volleyball Tournament showcases talented high school teams throughout the state; and
WHEREAS the Castle Rock Rockets have a outstanding academic and athletic tradition; and
WHEREAS, The Rockets topped an excellent season by winning the Class A state volleyball title; and
WHEREAS, The Rockets showed their fortitude by overpowering the Okanogan Bulldogs to win the state title; capping an undefeated season with twenty-one wins; and
WHEREAS, Team members displayed their prominent team spirit, athletic skill, intensity and determination in winning the state crown;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize the winning team members of the Castle Rock girls' volleyball team; its team managers; and its coaches: Julie Clancy, Parrish Reedy and Pam Harmo; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Rockets' Head Coach, Julie Clancy, Castle Rock's Principal, Dr. Gary Udd, and to the Student Body President at Castle Rock High School.
INTRODUCTION OF SPECIAL GUESTS
The President introduced and welcomed the Castle Rock State Class A Girls' Volleyball Championship Team and their coaches who were seated in the gallery.
MOTION
On motion of Senator Spanel, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 6120, by Senators Hargrove, Owen, Oke, Haugen, L. Smith, Erwin, Snyder and Winsley
Concerning fisheries enhancement.
MOTIONS
On motion of Senator Owen, Substitute Senate Bill No. 6120 was substituted for Senate Bill No. 6120 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Owen, the following amendment by Senators Vognild and Owen was adopted:
On page 3, line 35, after "roads." strike all material through "years." on line 36
MOTION
On motion of Senator Owen, the rules were suspended, Engrossed Substitute Senate Bill No. 6120 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 Loveland, Senator Vognild was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6120.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6120 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., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Vognild - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6120, 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. 6332, by Senators Bauer, West, Sutherland, Drew and Snyder
Establishing high school credit equivalencies for credits earned in institutions of higher education.
MOTIONS
On motion of Senator Bauer, Substitute Senate Bill No. 6332 was substituted for Senate Bill No. 6332 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Bauer, the rules were suspended, Substitute Senate Bill No. 6332 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. 6332.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6332 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., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Vognild - 1.
SUBSTITUTE SENATE BILL NO. 6332, 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. 6099, by Senators M. Rasmussen, Newhouse and Snyder (by request of Department of Agriculture)
Modifying weights and measures provisions.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 6099 was substituted for Senate Bill No. 6099 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. 6099 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. 6099.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6099 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, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 47.
Absent: Senator Smith, L. - 1.
Excused: Senator Vognild - 1.
SUBSTITUTE SENATE BILL NO. 6099, 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. 6566, by Senator Owen
Modifying requirements for specialized forest product permits.
MOTIONS
On motion of Senator Owen, Substitute Senate Bill No. 6566 was substituted for Senate Bill No. 6566 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Owen, the following amendment by Senators Owen and Oke was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 76.48.020 and 1992 c 184 s 1 are each amended to read as follows:
Unless otherwise required by the context, as used in this chapter:
(1) "Christmas trees" ((shall)) means any evergreen trees or the top thereof, commonly known as Christmas trees, with limbs and branches, with or without roots, including fir, pine, spruce, cedar, and other coniferous species.
(2) "Native ornamental trees and shrubs" ((shall)) means any trees or shrubs which are not nursery grown and which have been removed from the ground with the roots intact.
(3) "Cut or picked evergreen foliage," commonly known as brush, ((shall)) means evergreen boughs, huckleberry, salal, fern, Oregon grape, rhododendron, mosses, lichens, legumes, grasses, and other cut or picked evergreen products.
(4) "Cedar products" ((shall)) means cedar shakeboards, shake and shingle bolts, and rounds one to three feet in length.
(5) "Cedar salvage" ((shall)) means cedar chunks, slabs, stumps, and logs having a volume greater than one cubic foot and being harvested or transported from areas not associated with the concurrent logging of timber stands (a) under a forest practices application approved or notification received by the department of natural resources, or (b) under a contract or permit issued by an agency of the United States government.
(6) "Processed cedar products" ((shall)) means cedar shakes, shingles, fence posts, hop poles, pickets, stakes, ((or)) rails((;)), or rounds less than one foot in length.
(7) "Cedar processor" ((shall)) means any person who purchases ((and/or)), takes, or retains possession of cedar products or cedar salvage((,)) for later sale in the same or modified form((,)) following ((their)) removal and delivery from the land where harvested.
(8) "Cascara bark" ((shall)) means the bark of a Cascara tree.
(9) "Wild edible mushrooms" means edible mushrooms not cultivated or propagated by artificial means.
(10) "Specialized forest products" ((shall)) means Christmas trees, native ornamental trees and shrubs, cut or picked evergreen foliage, cedar products, cedar salvage, processed cedar products, wild edible mushrooms, and Cascara bark.
(11) "Person" ((shall)) includes the plural and all corporations, foreign or domestic, copartnerships, firms, and associations of persons.
(12) "Harvest" ((shall)) means to separate, by cutting, prying, picking, peeling, breaking, pulling, splitting, or otherwise removing, a specialized forest product (a) from its physical connection ((with)) or contact with the land or vegetation upon which it ((was or has been)) is or was growing((,)) or (b) from the position in which it ((has been)) is lying upon ((such)) the land.
(13) "Transportation" means the physical conveyance of specialized forest products outside or off of a harvest site((, including but not limited to conveyance by a motorized vehicle designed for use on improved roadways, or by vessel, barge, raft, or other waterborne conveyance. "Transportation" also means any conveyance of specialized forest products by helicopter)) by any means.
(14) "Landowner" means, with regard to ((any)) real property, the private owner ((thereof)), the state of Washington or any political subdivision ((thereof)), the federal government, or ((any)) a person who by deed, contract, or lease has authority to harvest and sell forest products of the property. "Landowner" does not include the purchaser or successful high bidder at ((any)) a public or private timber sale.
(15) "Authorization" means a properly completed preprinted form authorizing the transportation or possession of Christmas trees((,)) which ((form)) contains the information required by RCW 76.48.080, ((and)) a sample of which is filed before the harvesting occurs with the sheriff of the county in which the harvesting is to occur.
(16) "Harvest site" means each location where one or more persons are engaged in harvesting specialized forest products close enough to each other that communication can be conducted with an investigating law enforcement officer in a normal conversational tone.
(17) "Specialized forest products permit" ((shall)) means a printed document in a form specified by the department of natural resources, or true copy thereof, that is signed by a landowner or his ((duly)) or her authorized agent or representative (((herein)), referred to in this chapter as "permittors"((),)) and validated by the county sheriff((, authorizing)) and authorizes a designated person (((herein)), referred to in this chapter as "permittee"(())), who ((shall)) has also ((have)) signed the permit, to harvest ((and/or)) and transport a designated specialized forest product from land owned or controlled and specified by the permittor((,)) and that is located in the county where ((such)) the permit is issued.
(18) "Sheriff" means, for the purpose of validating specialized forest products permits, the county sheriff, deputy sheriff, or an authorized employee of the sheriff's office or an agent of the office.
(19) "True copy" means a replica of a validated specialized forest products permit as reproduced by a copy machine capable of effectively reproducing the information contained on the permittee's copy of the specialized forest products permit. A copy is made true by the permittee or the permittee and permittor signing in the space provided on the face of the copy. A true copy will be effective until the expiration date of the specialized forest products permit unless the permittee or the permittee and permittor specify an earlier date. A permittor may require the actual signatures of both the permittee and permittor for execution of a true copy by so indicating in the space provided on the original copy of the specialized forest products permit. A permittee, or, if so indicated, the permittee and permittor, may condition the use of the true copy to harvesting only, transportation only, possession only, or any combination thereof.
Sec. 2. RCW 76.48.030 and 1979 ex.s. c 94 s 2 are each amended to read as follows:
It ((shall be)) is unlawful for any person to:
(1) Harvest specialized forest products as described in RCW 76.48.020, in the quantities specified in RCW 76.48.060, without first obtaining a validated specialized forest products permit;
(2) Engage in activities or phases of harvesting specialized forest products not authorized by the permit; or
(3) Harvest specialized forest products in any lesser quantities than those specified in RCW 76.48.060, as now or hereafter amended, without first obtaining written permission from the landowner or his or her duly authorized agent or representative.
Sec. 3. RCW 76.48.040 and 1988 c 36 s 49 are each amended to read as follows:
Agencies charged with the enforcement of this chapter shall include, but not be limited to, the Washington state patrol, county sheriffs and their deputies, county or municipal police forces, authorized personnel of the United States forest service, and authorized personnel of the departments of natural resources, and ((fisheries,)) fish and wildlife. ((Primary enforcement responsibility lies in the county sheriffs and their deputies.)) The provisions of this chapter shall be strictly enforced by the agencies set out under this section.
Sec. 4. RCW 76.48.050 and 1979 ex.s. c 94 s 4 are each amended to read as follows:
Specialized forest products permits shall consist of properly completed permit forms validated by the sheriff of the county in which the specialized forest products are to be harvested. Each permit shall be separately numbered and the permits shall be issued by consecutive numbers. All specialized forest products permits shall expire at the end of the calendar year in which issued, or sooner, at the discretion of the permittor. A properly completed specialized forest products permit form shall include:
(1) The date of its execution and expiration;
(2) The name, address, telephone number, if any, and signature of the permittor;
(3) The name, address, telephone number, if any, and signature of the permittee;
(4) The type of specialized forest products to be harvested or transported;
(5) The approximate amount or volume of specialized forest products to be harvested or transported;
(6) The legal description of the property from which the specialized forest products are to be harvested or transported, including the name of the county, or the state or province if outside the state of Washington;
(7) A description by local landmarks of where the harvesting is to occur, or from where the specialized forest products are to be transported;
(8) The person's driver's license or valid picture identification and social security number. The sheriff's office shall verify the social security number when the permit is validated. Except for the harvesting of Christmas trees, the permit or true copy thereof must be carried by the picker and available for inspection at all times. For the harvesting of Christmas trees only a single permit or true copy thereof is necessary to be available at the harvest site; and
(9) Any other condition or limitation which the permittor may specify.
Sec. 5. RCW 76.48.060 and 1992 c 184 s 2 are each amended to read as follows:
A specialized forest products permit validated by the county sheriff shall be obtained by ((any)) a person prior to harvesting from any lands, including his or her own, more than five Christmas trees, more than five native ornamental trees or shrubs, more than five pounds of cut or picked evergreen foliage, ((any)) a cedar products, cedar salvage, processed cedar products, or more than five pounds of Cascara bark, or more than three United States gallons of a single species of wild edible mushroom and ((not)) more than an aggregate total of nine United States gallons of wild edible mushrooms, plus one wild edible mushroom. Specialized forest products permit forms shall be provided by the department of natural resources, and shall be made available through the office of the county sheriff to permittees or permittors in reasonable quantities. A permit form shall be completed in triplicate for each permittor's property on which a permittee harvests specialized forest products. A properly completed permit form shall be mailed or presented for validation to the sheriff of the county in which the specialized forest products are to be harvested. Before a permit form is validated by the sheriff, sufficient personal identification may be required to reasonably identify the person mailing or presenting the permit form and the sheriff may conduct ((such)) other investigations as deemed necessary to determine the validity of the information alleged on the form. When the sheriff is reasonably satisfied as to the truth of ((such)) the information, the form shall be validated with the sheriff's validation stamp ((provided by the department of natural resources)). Upon validation, the form shall become the specialized forest products permit authorizing the harvesting, possession ((and/or)), or transportation of specialized forest products, subject to any other conditions or limitations which the permittor may specify. Two copies of the permit shall be given or mailed to the permittor, or one copy shall be given or mailed to the permittor and the other copy given or mailed to the permittee. The original permit shall be retained in the office of the county sheriff validating the permit. In the event a single land ownership is situated in two or more counties, a specialized forest product permit shall be completed as to the land situated in each county. While engaged in harvesting of specialized forest products, permittees, or their agents or employees, must have readily available at each harvest site a valid permit or true copy of the permit.
Sec. 6. RCW 76.48.070 and 1992 c 184 s 3 are each amended to read as follows:
(1) Except as provided in RCW 76.48.100 and 76.48.075, it ((shall be)) is unlawful for any person (a) to possess, ((and/or)) (b) to transport, or (c) to possess and transport within the state of Washington, subject to any other conditions or limitations specified in the specialized forest products permit by the permittor, more than five Christmas trees, more than five native ornamental trees or shrubs, more than five pounds of cut or picked evergreen foliage, any processed cedar products, or more than five pounds of Cascara bark, or more than three gallons of a single species of wild edible mushrooms and ((not)) more than an aggregate total of nine gallons of wild edible mushrooms, plus one wild edible mushroom without having in his or her possession a written authorization, sales invoice, bill of lading, or specialized forest products permit or a true copy thereof evidencing his or her title to or authority to have possession of specialized forest products being so possessed or transported.
(2) It ((shall be)) is unlawful for any person either (a) to possess ((and/or)), (b) to transport, or (c) to possess and transport within the state of Washington any cedar products or cedar salvage without having in his or her possession a specialized forest products permit or a true copy thereof evidencing his or her title to or authority to have possession of the materials being so possessed or transported.
Sec. 7. RCW 76.48.075 and 1979 ex.s. c 94 s 15 are each amended to read as follows:
(1) It is unlawful for any person to transport or cause to be transported into this state from any other state or province specialized forest products, except those harvested from that person's own property, without: (a) First acquiring and having readily available for inspection a document indicating the true origin of the specialized forest products as being outside the state, or (b) without acquiring a specialized forest products permit as provided in subsection (4) of this section.
(2) Any person transporting or causing to be transported specialized forest products into this state from any other state or province shall, upon request of any person to whom the specialized forest products are sold or delivered or upon request of any law enforcement officer, prepare and sign a statement indicating the true origin of the specialized forest products, the date of delivery, and the license number of the vehicle making delivery, and shall leave the statement with the person making the request.
(3) It is unlawful for any person to possess specialized forest products, transported into this state, with knowledge that the products were introduced into this state in violation of this chapter.
(4) When any person transporting or causing to be transported into this state specialized forest products elects to acquire a specialized forest products permit, the specialized forest products transported into this state shall be deemed to be harvested in the county of entry, and the sheriff of that county may validate the permit as if the products were so harvested, except that the permit shall also indicate the actual harvest site outside the state.
(5) A cedar processor shall comply with RCW 76.48.096 by requiring a person transporting specialized forest products into this state from any other state or province to display a specialized forest products permit, or true copy thereof, or other document indicating the true origin of the specialized forest products as being outside the state. The cedar processor shall make and maintain a record of the purchase, taking possession, or retention of cedar products and cedar salvage in compliance with RCW 76.48.094.
(6) If, ((pursuant to)) under official inquiry, investigation, or other authorized proceeding regarding specialized forest products not covered by a valid specialized forest products permit or other acceptable document, the inspecting law enforcement officer has probable cause to believe that the specialized forest products were harvested in this state or wrongfully obtained in another state or province, the officer may take into custody and detain, for a reasonable time, the specialized forest products, all supporting documents, invoices, and bills of lading, and the vehicle in which the products were transported until the true origin of the specialized forest products can be determined.
Sec. 8. RCW 76.48.096 and 1979 ex.s. c 94 s 10 are each amended to read as follows:
It ((shall be)) is unlawful for any cedar processor to purchase, take possession, or retain cedar products or cedar salvage subsequent to the harvesting and prior to the retail sale of ((such)) the products, unless the supplier thereof displays a specialized forest products permit, or true copy thereof((, which)) that appears to be valid, or obtains the information ((pursuant to)) under RCW 76.48.075(5).
Sec. 9. RCW 76.48.098 and 1979 ex.s. c 94 s 11 are each amended to read as follows:
Every cedar processor shall prominently display a valid registration certificate, or copy thereof, obtained from the department of revenue ((pursuant to)) under RCW 82.32.030 at each location where ((such)) the processor receives cedar products or cedar salvage.
Permittees shall sell cedar products or cedar salvage only to cedar processors displaying registration certificates which appear to be valid.
Sec. 10. RCW 76.48.100 and 1979 ex.s. c 94 s 12 are each amended to read as follows:
The provisions of this chapter ((shall)) do not apply to:
(1) Nursery grown products.
(2) Logs (except as included in the definition of "cedar salvage" under RCW 76.48.020), poles, pilings, or other major forest products from which substantially all of the limbs and branches have been removed, and cedar salvage when harvested concurrently with timber stands (a) under an approved forest practices application or notification, or (b) under a contract or permit issued by an agency of the United States government.
(3) The activities of a landowner, his or her agent, or representative, or of a lessee of land in carrying on noncommercial property management, maintenance, or improvements on or in connection with the land of ((such)) the landowner or lessee.
Sec. 11. RCW 76.48.110 and 1979 ex.s. c 94 s 13 are each amended to read as follows:
Whenever any law enforcement officer has probable cause to believe that a person is harvesting or is in possession of or transporting specialized forest products in violation of the provisions of this chapter, he or she may, at the time of making an arrest, seize and take possession of any ((such)) specialized forest products found. The law enforcement officer shall provide reasonable protection for the specialized forest products involved during the period of litigation or he or she shall dispose of ((such)) the specialized forest products at the discretion or order of the court before which the arrested person is ordered to appear.
Upon any disposition of the case by the court, the court shall make a reasonable effort to return the specialized forest products to ((their)) its rightful owner or pay the proceeds of any sale of specialized forest products less any reasonable expenses of ((such)) the sale to the rightful owner. If for any reason, the proceeds of ((such)) the sale cannot be disposed of to the rightful owner, ((such)) the proceeds, less the reasonable expenses of the sale, shall be paid to the treasurer of the county in which the violation occurred. The county treasurer shall deposit the same in the county general fund. The return of the specialized forest products or the payment of the proceeds of any sale of products seized to the owner shall not preclude the court from imposing any fine or penalty upon the violator for the violation of the provisions of this chapter.
Sec. 12. RCW 76.48.120 and 1979 ex.s. c 94 s 14 are each amended to read as follows:
It ((shall be)) is unlawful for any person, upon official inquiry, investigation, or other authorized proceedings, to offer as genuine any paper, document, or other instrument in writing purporting to be a specialized forest products permit, or true copy thereof, authorization, sales invoice, or bill of lading, or to make any representation of authority to possess or conduct harvesting or transporting of specialized forest products, knowing the same to be in any manner false, fraudulent, forged, or stolen.
Any person who knowingly or intentionally violates this section ((shall be)) is guilty of forgery, and shall be punished as a class C felony providing for imprisonment in a state correctional institution for a maximum term fixed by the court of not more than five years or by a fine of not more than five thousand dollars, or by both ((such)) imprisonment and fine.
Whenever any law enforcement officer reasonably suspects that a specialized forest products permit or true copy thereof, authorization, sales invoice, or bill of lading is forged, fraudulent, or stolen, it may be retained by the officer until its authenticity can be verified.
Sec. 13. RCW 76.48.130 and 1977 ex.s. c 147 s 10 are each amended to read as follows:
((Any)) A person who violates ((any)) a provision of this chapter, other than the provisions contained in RCW 76.48.120, as now or hereafter amended, ((shall be)) is guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for not to exceed one year or by both ((such)) a fine and imprisonment.
NEW SECTION. Sec. 14. A new section is added to chapter 76.48 RCW to read as follows:
Buyers who purchase specialized forest products are required to record (1) the permit number; (2) the type of forest product purchased; (3) the permit holders name; (4) the amount of forest product purchased; and (5) the purchase price. The buyer shall keep a record of this information for a period of one year from the date of purchase and make the records available for inspection by authorized enforcement officials.
The buyer of specialized forest products must record the license plate number of the vehicle transporting the forest products on the bill of sale, as well as the seller's permit number on the bill of sale. This section shall not apply to transactions involving Christmas trees.
NEW SECTION. Sec. 15. A new section is added to chapter 76.48 RCW to read as follows:
County sheriffs may contract with other entities to serve as authorized agents to issue specialized forest product permits. These entities include the United States forest service, the bureau of land management, the department of natural resources, local police departments, and other entities as decided upon by the county sheriffs' departments.
NEW SECTION. Sec. 16. A new section is added to chapter 76.48 RCW to read as follows:
Records collected concerning the forest products harvested or purchased may be made available to colleges and universities for the purpose of research and to authorized enforcement officials from federal, state, and county agencies for the purpose of enforcement. These entities may also access relevant information from persons involved in the forest products transactions.
NEW SECTION. Sec. 17. A new section is added to chapter 76.48 RCW to read as follows:
Minority groups have long been participants in the specialized forest products industry. The Asian-American affairs commission set out under RCW 43.117.030 and the Hispanic affairs commission set out under RCW 43.115.020, agencies serving minority communities, community-based organizations, refugee centers, social service agencies, and other interested groups shall work cooperatively to accomplish the following goals:
(1) Make referrals and provide assistance on translation services, to assist in translating educational materials, laws, and rules that are published in those languages used by a majority of the non-English speaking pickers; and
(2) Work with both minority and nonminority pickers in order to (a) help protect resources; (b) provide them with work opportunities; and (c) help provide understanding between minority and nonminority pickers.
NEW SECTION. Sec. 18. RCW 76.48.092 and 1979 ex.s. c 94 s 8 & 1977 ex.s. c 147 s 14 are each repealed.
NEW SECTION. Sec. 19. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
MOTIONS
On motion of Senator Owen, the following title amendment was adopted:
On page 1, line 1 of the title, after "products;" strike the remainder of the title and insert "amending RCW 76.48.020, 76.48.030, 76.48.040, 76.48.050, 76.48.060, 76.48.070, 76.48.075, 76.48.096, 76.48.098, 76.48.100, 76.48.110, 76.48.120, and 76.48.130; adding new sections to chapter 76.48 RCW; and repealing RCW 76.48.092."
On motion of Senator Owen, the rules were suspended, Engrossed Substitute Senate Bill No. 6566 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. 6566.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6566 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, 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 - 45.
Voting nay: Senators Amondson, Cantu, McCaslin and Morton - 4.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6566, 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. 6387, by Senators Owen, Morton, Oke, Sellar, Hargrove, M. Rasmussen and Haugen
Providing for grizzly bear management.
MOTIONS
On motion of Senator Owen, Substitute Senate Bill No. 6387 was substituted for Senate Bill No. 6387 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Owen, the rules were suspended, Substitute Senate Bill No. 6387 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. 6387.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6387 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.
SUBSTITUTE SENATE BILL NO. 6387, 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. 5692, by Senators Sutherland, Moore, Prentice, Jesernig, Williams, A. Smith, Amondson, Hochstatter, Roach, West and Oke
Financing conservation investment by electrical, gas, and water companies.
MOTION
Senator Sutherland moved that Senate Bill No. 5692 not be substituted.
The President declared the question before the Senate to be the motion by Senator Sutherland that Senate Bill No. 5692 not be substituted.
The motion by Senator Sutherland carried and Senate Bill No. 5692 was not substituted.
Senate Bill No. 5692 was read the second time.
MOTION
Senator Sutherland moved that the following amendment by Senators Sutherland and Hochstatter be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Bondable conservation investment" means all expenditures made by electrical, gas, or water companies with respect to energy or water conservation measures and services intended to improve the efficiency of electricity, gas, or water end use, including related carrying costs if:
(a) The conservation measures and services do not produce assets that would be bondable utility property under the general utility mortgage of the electrical, gas, or water company;
(b) The commission has determined that the expenditures were incurred in conformance with the terms and conditions of a conservation service tariff in effect with the commission at the time the costs were incurred, and at the time of such determination the commission finds that the company has proven that the costs were prudent, that the terms and conditions of the financing are reasonable, and that financing under this chapter is more favorable to the customer than other reasonably available alternatives;
(c) The commission has approved inclusion of the expenditures in rate base and has not ordered that they be currently expensed; and
(d) The commission has not required that the measures demonstrate that energy savings have persisted at a certain level for a certain period before approving the cost of these investments as bondable conservation investment.
(2) "Conservation bonds" means bonds, notes, certificates of beneficial interests in trusts, or other evidences of indebtedness or ownership that:
(a) The commission determines at or before the time of issuance are issued to finance or refinance bondable conservation investment by an electrical, gas or water company; and
(b) Rely partly or wholly for repayment on conservation investment assets and revenues arising with respect thereto.
(3) "Conservation investment assets" means the statutory right of an electrical, gas, or water company:
(a) To have included in rate base all of its bondable conservation investment and related carrying costs; and
(b) To receive through rates revenues sufficient to recover the bondable conservation investment and the costs of equity and debt capital associated with it, including, without limitation, the payment of principal, premium, if any, and interest on conservation bonds.
(4) "Finance subsidiary" means any corporation, company, association, joint stock association, or trust that is beneficially owned, directly or indirectly, by an electrical, gas, or water company, or in the case of a trust issuing conservation bonds consisting of beneficial interests, for which an electrical, gas, or water company or a subsidiary thereof is the grantor, or an unaffiliated entity formed for the purpose of financing or refinancing approved conservation investment, and that acquires conservation investment assets directly or indirectly from such company in a transaction approved by the commission.
NEW SECTION. Sec. 2. (1) An electrical, gas, or water company may file a conservation service tariff with the commission. The tariff shall provide:
(a) The terms and conditions upon which the company will offer the conservation measures and services specified in the tariff;
(b) The period of time during which the conservation measures and services will be offered; and
(c) The maximum amount of expenditures to be made during a specified time period by the company on conservation measures and services specified in the tariff.
(2) The commission has the same authority with respect to a proposed conservation service tariff as it has with regard to any other schedule or classification the effect of which is to change any rate or charge, including, without limitation, the power granted by RCW 80.04.130 to conduct a hearing concerning a proposed conservation service tariff and the reasonableness and justness thereof, and pending such hearing and the decision thereon the commission may suspend the operation of the tariff for a period not exceeding ten months from the time the tariff would otherwise go into effect.
(3) An electrical, gas, or water company may from time to time apply to the commission for a determination that specific expenditures may under its tariff constitute bondable conservation investment. A company may request this determination by the commission in separate proceedings for this purpose or in connection with a general rate case. The commission may designate the expenditures as bondable conservation investment as defined in section 1(1) of this act if it finds that such designation is in the public interest.
(4) The commission shall include in rate base all bondable conservation investment. The commission shall approve rates for service by electrical, gas, and water companies at levels sufficient to recover all of the expenditures of the bondable conservation investment included in rate base and the costs of equity and debt capital associated therewith, including, without limitation, the payment of principal, premium, if any, and interest on conservation bonds. The rates so determined may be included in general rate schedules or may be expressed in one or more separate rate schedules. The commission shall not revalue bondable conservation investment for rate-making purposes, to determine that revenues required to recover bondable conservation investment and associated equity and debt capital costs are unjust, unreasonable, or in any way impair or reduce the value of conservation investment assets or that would impair the timing or the amount of revenues arising with respect to conservation investment assets that have been pledged to secure conservation bonds.
(5) Nothing in this chapter precludes the commission from adopting or continuing other conservation policies and programs intended to provide incentives for and to encourage utility investment in improving the efficiency of energy or water end use. However, the policies or programs shall not impair conservation investment assets. This chapter is not intended to be an exclusive or mandatory approach to conservation programs for electrical, gas, and water companies, and no such company is obligated to file conservation service tariffs under this chapter, to apply to the commission for a determination that conservation costs constitute bondable conservation investment within the meaning of this chapter, or to issue conservation bonds.
(6)(a) If a customer of an electrical, gas, or water company for whose benefit the company made expenditures for conservation measures or services ceases to be a customer of such company for one or more of the following reasons, the commission may require that the portion of such conservation expenditures that had been included in rate base but not theretofore recovered in the rates of such company be removed from the rate base of the company:
(i) The customer ceases to be a customer of the supplier of energy or water, and the customer repays to the company the portion of the conservation expenditures made for the benefit of such customer that has not theretofore been recovered in rates of the company; or
(ii) The company sells its property used to serve such customer and the customer ceases to be a customer of the company as a result of such action.
(b) An electrical, gas, or water company may include in a contract for a conservation measure or service, and the commission may by rule or order require to be included in such contracts, a provision requiring that, if the customer ceases to be a customer of that supplier of energy or water, the customer shall repay to the company the portion of the conservation expenditures made for the benefit of such customer that has not theretofore been recovered in rates of the company.
NEW SECTION. Sec. 3. (1) Electrical, gas, and water companies, or finance subsidiaries, may issue conservation bonds upon approval by the commission.
(2) Electrical, gas, and water companies, or finance subsidiaries may pledge conservation investment assets as collateral for conservation bonds by obtaining an order of the commission approving an issue of conservation bonds and providing for a security interest in conservation investment assets. A security interest in conservation investment assets is created and perfected only upon entry of an order by the commission approving a contract governing the granting of the security interest and the filing with the department of licensing of a UCC-1 financing statement, showing such pledgor as "debtor" and identifying such conservation investment assets and the bondable conservation investment associated therewith. The security interest is enforceable against the debtor and all third parties, subject to the rights of any third parties holding security interests in the conservation investment assets perfected in the manner described in this section, if value has been given by the purchasers of conservation bonds. An approved security interest in conservation investment assets is a continuously perfected security interest in all revenues and proceeds arising with respect to the associated bondable conservation investment, whether or not such revenues have accrued. Upon such approval, the priority of such security interest shall be as set forth in the contract governing the conservation bonds. Conservation investment assets constitute property for the purposes of contracts securing conservation bonds whether or not the related revenues have accrued.
(3) The relative priority of a security interest created under this section is not defeated or adversely affected by the commingling of revenues arising with respect to conservation investment assets with other funds of the debtor. The holders of conservation bonds shall have a perfected security interest in all cash and deposit accounts of the debtor in which revenues arising with respect to conservation investment assets pledged to such holders have been commingled with other funds, but such perfected security interest is limited to an amount not greater than the amount of such revenues received by the debtor within twelve months before (a) any default under the conservation bonds held by the holders or (b) the institution of insolvency proceedings by or against the debtor, less payments from such revenues to the holders during such twelve-month period. If an event of default occurs under an approved contract governing conservation bonds, the holders of conservation bonds or their authorized representatives, as secured parties, may foreclose or otherwise enforce the security interest in the conservation investment assets securing the conservation bonds, subject to the rights of any third parties holding prior security interests in the conservation investment assets perfected in the manner provided in this section. Upon application by the holders of their representatives, without limiting their other remedies, the commission shall order the sequestration and payment to the holders or their representatives of revenues arising with respect to the conservation investment assets pledged to such holders. Any such order shall remain in full force and effect notwithstanding any bankruptcy, reorganization, or other insolvency proceedings with respect to the debtor. Any surplus in excess of amounts necessary to pay principal, premium, if any, interest, and expenses arising under the contract governing the conservation bonds shall be remitted to the debtor electrical, gas, or water company or the debtor finance subsidiary.
(4) The granting, perfection, and enforcement of security interests in conservation investment assets to secure conservation bonds is governed by this chapter rather than by chapter 62A.9 RCW
(5) A transfer of conservation investment assets by an electrical, gas, or water company to a finance subsidiary, which such parties have in the governing documentation expressly stated to be a sale or other absolute transfer, in a transaction approved in an order issued by the commission and in connection with the issuance by such finance subsidiary of conservation bonds, shall be treated as a true sale, and not as a pledge or other financing, of such conservation investment assets. According the holders of conservation bonds a preferred right to revenues of the electrical, gas, or water company, or the provision by such company of other credit enhancement with respect to conservation bonds, does not impair or negate the characterization of any such transfer as a true sale.
(6) Any successor to an electrical, gas, or water company pursuant to any bankruptcy, reorganization, or other insolvency proceeding shall perform and satisfy all obligations of the company under an approved contract governing conservation bonds, in the same manner and to the same extent as such company before any such proceeding, including, without limitation, collecting and paying to the bondholders or their representatives revenues arising with respect to the conservation investment assets pledged to secure the conservation bonds.
NEW SECTION. Sec. 4. (1) Costs incurred before the effective date of this section by electrical, gas, or water companies with respect to energy or water conservation measures and services intended to improve the efficiency of energy or water end use shall constitute bondable conservation investment for purposes of sections 1 through 4 of this act, if:
(a) The commission has previously issued a rate order authorizing the inclusion of such costs in rate base; and
(b) The commission authorizes the issuance of conservation bonds secured by conservation investment assets associated with such costs.
(2) If costs incurred before the effective date of this section by electrical, gas, or water companies with respect to energy or water conservation measures intended to improve the efficiency of energy or water end use have not previously been considered by the commission for inclusion in rate base, an electrical, gas, or water company may apply to the commission for approval of such costs. If the commission finds that the expenditures are a bondable conservation investment, the commission shall by order designate such expenditures as bondable conservation investment, which shall be subject to sections 1 through 4 of this act.
NEW SECTION. Sec. 5. Sections 1 through 4 of this act are each added to chapter 80.28 RCW."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Sutherland and Hochstatter to Senate Bill No. 5692.
The motion by Senator Sutherland carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Sutherland, the following title amendment was adopted:
On page 1, line 2 of the title, after "companies;" strike the remainder of the title and insert "and adding new sections to chapter 80.28 RCW."
On motion of Senator Sutherland, the rules were suspended, Engrossed Senate Bill No. 5692 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. 5692.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5692 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, 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.
Voting nay: Senators Loveland, Niemi and Prentice - 3.
ENGROSSED SENATE BILL NO. 5692, 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 11:47 a.m., on motion of Senator Spanel, the Senate recessed until 12:00 noon.
The Senate was called to order at 12:22 p.m. by President Pritchard.
MOTION
At 12:22 p.m., on motion of Senator Spanel, the Senate recessed until 1:00 p.m.
The Senate was called to order at 1:04 p.m. by President Pritchard.
There being no objection, the President reverted the Senate to the first order of business.
REPORT OF STANDING COMMITTEE
February 10, 1994
SB 6174 Prime Sponsor, Senator Talmadge: Enacting programs to reduce youth violence. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Second Substitute Senate Bill No. 6174 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Quigley, Vice Chairman; Bauer, Gaspard, Hargrove, Ludwig, Moyer, Niemi, Owen, Pelz, Snyder, Spanel, Sutherland, Talmadge, Williams and Wojahn.
Passed to Committee on Rules for second reading.
MOTION TO LIMIT DEBATE
Senator Spanel: "Mr. President, I move that the members of the Senate be allowed to speak only once and be limited to three minutes on each motion or amendment, except that the mover of the motion shall be allowed to open and close debate, and also that members be prohibited from yielding their time. This motion shall be in effect through the end of the session, March 10, 1994."
Debate ensued.
POINT OF ORDER
Senator Gaspard: "Mr. President and members of the Senate, a point of order. Just to refresh Senator Nelson's memory, that traditionally when we have reached the end of a cut-off as we consider bills, in this case bills that are before the Senate, we have adopted a motion like this. You did it when you were in the majority and we offered you the courtesy. We're doing the courtesy now, so we can have orderly debate, so that we can move forward with the measures before the Senate as we approach the Tuesday five o'clock time by which Senate Bills have to be out of the Senate. We have to have some order in which all of us can debate the issues. The debate will take place and it is something that we have talked to your leadership about and we were surprised, certainly, by the comments made by Senator Nelson."
Further debate ensued.
The President declared,the question before the Senate to be the motion by Senator Spanel to limit debate.
The motion by Senator Spanel carried and debate was limited to three minutes through the end of the session, March 10, 1994.
There being no objection, the President advanced the Senate to the sixth order of business.
MOTION
On motion of Senator Oke, Senator Anderson was excused.
SECOND READING
SENATE BILL NO. 6103, by Senators Snyder, McCaslin, Loveland, Vognild, Hargrove, Owen, M. Rasmussen, Roach and Oke
Providing for burning permits for fire fighting instruction.
MOTIONS
On motion of Senator Snyder, Substitute Senate Bill No. 6103 was substituted for Senate Bill No. 6103 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Snyder, the rules were suspended, Substitute Senate Bill No. 6103 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. 6103.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6103 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
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, 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 - 47.
Absent: Senator Bluechel - 1.
Excused: Senator Anderson - 1.
SUBSTITUTE SENATE BILL NO. 6103, 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. 6283, by Senators Haugen, Winsley, Spanel, Quigley, Drew, Erwin, Fraser and Ludwig
Disclosing real property information.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 6283 was substituted for Senate Bill No. 6283 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. 6283 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. 6283.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6283 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
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, 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 - 47.
Absent: Senator Bluechel - 1.
Excused: Senator Anderson - 1.
SUBSTITUTE SENATE BILL NO. 6283, 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 1:22 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 3:04 p.m. by President Pritchard.
MOTIONS
On motion of Senator Oke, Senator Morton was excused.
On motion of Senator West, Senator Winsley was excused.
On motion of Senator Drew, Senator Skratek was excused.
STATEMENT FOR THE JOURNAL
Due to my previous commitment to give a speech to a large group of citizens in my district, I missed the votes on Senate Bill No. 6582, Senate Bill No. 6345, Senate Bill No. 6346, Substitute Senate Bill No. 6315, Substitute Senate Bill No. 6558, Senate Bill No. 6023, Senate Bill No. 6074, Senate Bill No. 6491, Substitute Senate Bill No. 6087, Engrossed Second Substitute Senate Bill No. 6157, Senate Joint Memorial No. 8030, Substitute Senate Bill No. 6093, Substitute Senate Bill No. 6481, Engrossed Substitute Senate Bill No. 6228, Substitute Senate Bill No. 6018, Second Substitute Senate Bill No. 6276, Engrossed Substitute Senate Bill No. 6125, Substitute Senate Bill No. 6006,
Substitute Senate Bill No. 6143, Substitute Senate Bill No. 6492, Engrossed Senate Bill No. 6356, Senate Bill No. 6265, Substitute Senate Bill No. 6163, Engrossed Substitute Senate Bill No. 6124, Substitute Senate Bill No. 6007, Senate Bill No. 6516, Senate Bill No. 6573, Substitute Senate Bill No. 6447, Substitute Senate Bill No. 6593, Engrossed Substitute Senate Bill No. 6357, Engrossed Senate Bill No. 5449, Substitute Senate Bill No. 6421, Senate Bill No. 6203, Senate Bill No. 6408, Engrossed Substitute Senate Bill No. 6068, Engrossed Substitute Senate Bill No. 6219, Senate Bill No. 6205 and Senate Bill No. 6041. I would have voted 'aye' on all these measures, except for Substitute Senate Bill No. 6087 on which I would have voted 'nay.'
SENATOR BOB MORTON, 7th District
SECOND READING
SENATE BILL NO. 6582, by Senators M. Rasmussen, Newhouse, Loveland and Moore
Applying grades and standards only to apples packed in Washington state.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 6582 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. 6582.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6582 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams and Wojahn - 45.
Absent: Senator Prince - 1.
Excused: Senators Morton, Skratek and Winsley - 3.
SENATE BILL NO. 6582, 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. 6345, by Senators Skratek, Sellar, Haugen, Franklin, Bluechel, Deccio, Winsley, Moyer, Sheldon, Moore, Drew, Spanel, McAuliffe, McDonald, A. Smith, Oke and Snyder (by request of Governor Lowry)
Expediting the merger of the departments of community development and trade and economic development.
The bill was read the second time.
MOTION
On motion of Senator Sheldon, the rules were suspended, Senate Bill No. 6345 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 6345.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6345 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, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.
Voting nay: Senator Haugen - 1.
Excused: Senators Morton and Skratek - 2.
SENATE BILL NO. 6345, 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. 6346, by Senators Owen, Oke, Spanel, Drew, Sheldon, Deccio, Winsley, Skratek, Moore, Haugen, Hargrove, Franklin, McAuliffe, A. Smith, Sellar, McDonald, Moyer and Snyder (by request of Governor Lowry)
Expediting the merger of the departments of fisheries and wildlife.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Senate Bill No. 6346 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 6346.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6346 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, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Morton and Skratek - 2.
SENATE BILL NO. 6346, 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. 6315, by Senators Moore, Amondson, Ludwig, A. Smith and Winsley (by request of Department of Labor and Industries)
Clarifying statutes to reflect the organizational structure of the department of labor and industries.
MOTIONS
On motion of Senator Moore, Substitute Senate Bill No. 6315 was substituted for Senate Bill No. 6315 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Moore, the rules were suspended, Substitute Senate Bill No. 6315 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. 6315.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6315 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, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Morton and Skratek - 2.
SUBSTITUTE SENATE BILL NO. 6315, 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. 6558, by Senator Gaspard (by request of Department of Revenue)
Modifying the excise taxation of sales of aircraft for use by the United States and foreign governments.
MOTIONS
On motion of Senator Gaspard, Substitute Senate Bill No. 6558 was substituted for Senate Bill No. 6558 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. 6558 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. 6558.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6558 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, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Morton and Skratek - 2.
SUBSTITUTE SENATE BILL NO. 6558, 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.
President Pro Tempore Wojahn assumed the Chair.
SECOND READING
SENATE BILL NO. 6023, by Senators Winsley and Haugen
Transferring emergency management functions from the department of community development to the military department.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 6023 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 6023.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6023 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, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Morton and Skratek - 2.
SENATE BILL NO. 6023, 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. 6074, by Senator Gaspard
Changing the Washington award for excellence.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the rules were suspended, Senate Bill No. 6074 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 6074.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6074 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, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Morton and Skratek - 2.
SENATE BILL NO. 6074, 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. 6491, by Senators Vognild and Nelson
Clarifying authority of regional transit authorities.
The bill was read the second time.
MOTION
On motion of Senator Vognild, the rules were suspended, Senate Bill No. 6491 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Cantu: "Senator Vognild, I'm sorry that I hadn't thought about this, but in looking at the materials, it indicates that the entire plan does not have to be submitted. I think in order for the public to have a visibility of what the total plan is, whether or not it all gets implemented is a different question. Were there discussions in committee that indicated that the RTA would actually develop kind of a comprehensive plan, but take the bits and pieces to the voters so that they would have some idea how this all would be integrated?"
Senator Vognild: "Yes, Senator, that is the intent of this. They will develop a total plan. The difference is, under current law, that total plan must be approved at one time by the voters, possibly as much as twelve billion dollars. There are many pieces of that plan that can work by themselves. This will now allow them to submit those pieces to the voters as one part of the total plan. The voters, effectively, can pick and choose what they want and what they want to pay for."
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No 6491.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6491 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, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.
Absent: Senator Newhouse - 1.
Excused: Senators Morton and Skratek - 2.
SENATE BILL NO. 6491, 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. 6157, by Senators Talmadge, Winsley, Wojahn, McAuliffe and Fraser
Addressing hunger in the state of Washington.
MOTIONS
On motion of Senator Talmadge, Second Substitute Senate Bill No. 6157 was substituted for Senate Bill No. 6157 and the second substitute bill was placed on second reading and read the second time.
Senator Talmadge moved that the following amendment by Senator Moyer be adopted:
On page 12, after line 27, insert the following:
"NEW SECTION. Sec. 17. A new section is added to chapter 43.70 RCW to read as follows:
(1) The legislature intends to increase the number of persons being served by the women, infant, and children (WIC) program, using state funding to maximize federal fund availability. The WIC program is a federally funded program established in 1972 by an amendment to the child nutrition act of 1966. The purpose of the program is to serve as an adjunct to health care by providing nutritious food; nutrition education and counseling; health screening; and referral services to pregnant and breast-feeding women, infants, and children in certain high-risk categories. The WIC program in the state of Washington is administered by the office of WIC services in the department of health.
(2) The department of health shall establish a capacity building task force to seek ways to reach more of the WIC target populations. The department of health shall consider cost-containment options, such as sole-source contracting and multistate buying agreements, for cereals and other foods, and shall implement the options if the options appear cost-effective.
(3) State funding provided for the WIC program shall not be supplanted by federal funds or reallocated to other programs within the department of health."
Renumber the remaining sections consecutively and correct internal references accordingly.
Debate ensued.
MOTION
On motion of Senator Talmadge, further consideration of Second Substitute Senate Bill No. 6157 was deferred.
SECOND READING
SENATE BILL NO. 6087, by Senators Prentice, Winsley, Moyer, Talmadge and Pelz
Concerning the health and safety of farmworkers' housing.
MOTIONS
On motion of Senator Talmadge, Substitute Senate Bill No. 6087 was substituted for Senate Bill No. 6087 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. 6087 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. 6087.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6087 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; 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, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Schow, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.
Voting nay: Senators Newhouse, Roach and Sellar - 3.
Excused: Senators Morton and Skratek - 2.
SUBSTITUTE SENATE BILL NO. 6087, 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.
There being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 6157 and the pending amendment by Senator Moyer on page 12, after line 27, deferred earlier today.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Moyer on page 12, after line 27, to Second Substitute Senate Bill No. 6157.
The motion by Senator Talmadge carried and the amendment by Senator Moyer was adopted.
MOTION
Senator Prentice moved that the following amendment be adopted:
On page 11, after line 23, insert the following:
"Sec. 13. RCW 28A.235.150 and 1993 c 333 s 3 are each amended to read as follows:
(1) To the extent funds are appropriated, the superintendent of public instruction may award grants to school districts to increase participation in school breakfast and lunch programs, to improve program quality, and to improve the equipment and facilities used in the programs. School districts shall demonstrate that they have applied for applicable federal funds before applying for funds under this subsection.
(2) To the extent funds are appropriated, the superintendent of public instruction shall increase the state support for school breakfasts and lunches. Funds appropriated under this subsection are intended to increase participation by eligible students in school food programs, and shall be used solely to enhance school breakfast and lunch programs."
Renumber the remaining sections consecutively and correct internal references accordingly.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Prentice on page 11, after line 23, to Second Substitute Senate Bill No. 6157.
The motion by Senator Prentice carried and the amendment was adopted.
MOTIONS
On motion of Senator Talmadge, the following amendment was adopted:
On page 12, after line 27, insert the following:
"NEW SECTION. Sec. 17. The department of social and health services shall form a task force with representatives from the financial services industry and grocery industry to discuss initiation of a future pilot project using electronic benefit transfer technology for the food stamp program. The task force shall research the status of federal implementation efforts, as well as the effectiveness of pilot programs in other states. The department shall report to the appropriate standing committees of the legislature on the task force's findings by December 1, 1995.
Private industry members of the task force shall serve voluntarily, without compensation or reimbursement of expense.
On motion of Senator Talmadge, the following title amendments were considered simultaneously and were adopted:
On page 1, line 2 of the title, after "28A.235.140," insert "28A.235.150,"
On page 1, beginning on line 6 of the title, after "28A.235 RCW;" insert "adding a new section to chapter 43.70 RCW;"
MOTION
On motion of Senator Talmadge, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6157 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 Engrossed Second Substitute Senate Bill No. 6157.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6157 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, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Morton and Skratek - 2.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6157, 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 Spanel, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Moyer, the following resolution was adopted:
SENATE RESOLUTION 1994-8676
By Senator Moyer
WHEREAS, National attention has focused on the unacceptably high incidence of malnutrition in the elderly; and
WHEREAS, The United States Senate Committee on Education and Labor has reported that eighty-five percent of older Americans have chronic diseases that could be helped by nutritional interventions; and
WHEREAS, Research has shown that poor nutrition leads to an impaired immune system, aggravated infections, organ and multi-organ system failure, prolonged hospitalizations, and catastrophic health care costs; and
WHEREAS, Nutritional status is a basic "vital sign" because illness starts at the cellular level, and food nourishes the body at the cellular level; and
WHEREAS, Routine nutritional screening and early intervention is essential in order to prevent the devastating results of poor nutrition, lower health care costs, and improve quality of life; and
WHEREAS, Awareness and understanding of warning signs of poor nutritional health can help individuals take responsibility to reform their eating habits and lifestyles; and
WHEREAS, Good nutrition helps keep people healthy, active, and independent; and
WHEREAS, Health care providers need to educate the public regarding risk factors and warning signs of poor nutritional health, and help them take responsibility for improving their eating habits and lifestyles in order to promote health, prevent illness, and reduce health care costs; and
WHEREAS, The 1988 Surgeon General's Workshop on Health Promotion and Aging and the 1990 Department of Health and Human Services Report "Healthy People 2000" called for a stepped up, coordinated national effort to promote routine nutrition screening and early intervention in America; and
WHEREAS, The Nutrition Screening Initiative is a direct outgrowth of the government's call which is a multifaceted, multidisciplinary approach to promote routine nutrition screening, early intervention, and better nutritional care into health care practice; and
WHEREAS, The Nutrition Screening Initiative is a project of the American Academy of Family Physicians, the American Dietetic Association, and the National Council on the Aging, Inc. and is supported by more than twenty-eight key organizations and professionals from the fields of nutrition, medicine, and aging along with a technical advisory committee that plays an important role in guiding the effort; and
WHEREAS, The goals of the Nutrition Screening Initiative are to: Promote and expand existing quality nutrition screening in the nation's health care system; move to incorporate the widespread use of nutrition screening in health and medical care settings; and expand educational outreach to medical and health care professionals, the public, and policy makers;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate support the Nutrition Screening Initiative, its goals and objectives;
BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit a copy of this resolution to Kathleen A. Cope of the Nutrition Screening Initiative.
MOTION
On motion of Senator Spanel, the Senate returned to the sixth order of business.
SECOND READING
SENATE JOINT MEMORIAL NO. 8030, by Senators Oke, Owen, Hochstatter, Hargrove, Roach, Erwin, L. Smith, Spanel, Haugen and Snyder
Requesting a modification of the Marine Mammal Protection Act.
The joint memorial was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Senate Joint Memorial No. 8030 was advanced to third reading, the second reading considered the third and the joint memorial 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 Joint Memorial No. 8030.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8030 and the joint memorial passed the Senate by the following vote: Yeas, 42; Nays, 5; 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, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Smith, L., Snyder, Spanel, Sutherland, Vognild, West, Williams, Winsley and Wojahn - 42.
Voting nay: Senators Moore, Pelz, Rinehart, Smith, A. and Talmadge - 5.
Excused: Senators Morton and Skratek - 2.
SENATE JOINT MEMORIAL NO. 8030, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 6093, by Senators A. Smith and Nelson
Revising the definition of "collection agency."
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 6093 was substituted for Senate Bill No. 6093 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. 6093 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. 6093.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6093 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, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Morton and Skratek - 2.
SUBSTITUTE SENATE BILL NO. 6093, 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. 6481, by Senators Bauer, Prince, West, Sellar, Morton, Drew, Rinehart, A. Smith and Sheldon
Authorizing the services and activities committees to determine services and activities fees.
MOTIONS
On motion of Senator Bauer, Substitute Senate Bill No. 6481 was substituted for Senate Bill No. 6481 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Bauer, the rules were suspended, Substitute Senate Bill No. 6481 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. 6481.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6481 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, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Morton and Skratek - 2.
SUBSTITUTE SENATE BILL NO. 6481, 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. 6228, by Senators Haugen, Anderson, Owen, Hargrove, Sellar, Oke, McAuliffe and M. Rasmussen
Revising provisions relating to definitions of agricultural and forest land of long-term commercial significance.
MOTIONS
On motion of Senator Owen, Substitute Senate Bill No. 6228 was substituted for Senate Bill No. 6228 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the following amendment by Senators Haugen and Owen was adopted:
On page 1, beginning on line 5, after "Sec. 1." strike all material through "short-term." on line 16 and insert "The legislature finds that it is in the public interest to identify and provide long-term conservation of those productive natural resource lands that are critical to and can be managed economically and practically for long-term commercial production of food, fiber, and minerals. Successful achievement of the natural resource industries' goal set forth in RCW 36.70A.020 requires the conservation of a land base sufficient in size and quality to maintain and enhance those industries and the development and use of land use techniques that discourage uses incompatible to the management of those designated lands. The 1994 amendments to RCW 36.70A.030 (8) and (10) (section 2 of this act) are intended to clarify legislative intent regarding the designation of forest lands and are not intended to require every county that has already complied with the interim forest land designation requirements of chapter 36.70A RCW to reconsider its actions."
MOTIONS
On motion of Senator Haugen, the following amendments were considered simultaneously and were adopted:
On page 3, line 1, after "((includes))" insert "(i)"
On page 3, line 2, after "productivity," strike "((and))" and insert "and"
On page 3, line 3, after "land))" strike ", and economic viability"
On page 3, line 4, after "with))" strike "based on" and insert "; and (ii) considers" and after "to" insert "urban, suburban, and rural"
On page 3, line 5, after "surrounding" insert "residential"
On page 3, line 6, after "land" strike "and means land that can be managed, economically and practically," and insert "; and (iii) for forest land, also considers whether the land can be managed economically and practically"
On motion of Senator Owen, the rules were suspended, Engrossed Substitute Senate Bill No. 6228 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 Engrossed Substitute Senate Bill No. 6228.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6228 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, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Morton and Skratek - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6228, 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 Deccio, Senator McCaslin was excused.
SECOND READING
SENATE BILL NO. 6018, by Senators Winsley and Haugen
Clarifying authorized uses of the excise tax on the sale of real property.
MOTIONS
On motion of Senator Winsley, Substitute Senate Bill No. 6018 was substituted for Senate Bill No. 6018 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 6018 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. 6018.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6018 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 43.
Voting nay: Senators Amondson and Anderson - 2.
Absent: Senator Newhouse - 1.
Excused: Senators McCaslin, Morton and Skratek - 3.
SUBSTITUTE SENATE BILL NO. 6018, 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 Bluechel was excused.
SECOND READING
SENATE BILL NO. 6276, by Senators Haugen, Winsley, Nelson and M. Rasmussen (by request of Secretary of State)
Regulating trademarks.
MOTIONS
On motion of Senator Adam Smith, Second Substitute Senate Bill No. 6276 was substituted for Senate Bill No. 6276 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Adam Smith, the rules were suspended, Second Substitute Senate Bill No. 6276 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 Second Substitute Senate Bill No. 6276.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6276 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.
Excused: Senators Bluechel, Morton and Skratek - 3.
SECOND SUBSTITUTE SENATE BILL NO. 6276, 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. 6125, by Senators Owen, Haugen, Sellar, Spanel and Winsley (by request of Department of Fisheries and Department of Wildlife)
Revising fees and procedures for recreational fish and hunting licenses.
MOTIONS
On motion of Senator Owen, Substitute Senate Bill No. 6125 was substituted for Senate Bill No. 6125 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Owen, the following amendment was adopted:
On page 2, beginning on line 2, after "nonresidents." insert "The license shall include a warm water game fish surcharge, the funds from which shall be deposited in the warm water game fish account, under chapter . . . (Second Substitute Senate Bill No. 6206), Laws of 1994. The license may also include provisions for other special licenses, surcharges, or enhancement stamps as needed."
MOTION
On motion of Senator Owen, the rules were suspended, Engrossed Substitute Senate Bill No. 6125 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 Substitute Senate Bill No. 6125.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6125 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 1; Excused, 2.
Voting yea: Senators Amondson, Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Moyer, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.
Voting nay: Senators Anderson, Cantu, Erwin and Roach - 4.
Absent: Senator Nelson - 1.
Excused: Senators Morton and Skratek - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6125, 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. 6006, by Senators A. Smith and Nelson (by request of Administrator for the Courts)
Concerning the judicial information system.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 6006 was substituted for Senate Bill No. 6006 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. 6006 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. 6006.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6006 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 6; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Vognild, Williams, Winsley and Wojahn - 41.
Voting nay: Senators Anderson, Fraser, Moore, Sutherland, Talmadge and West - 6.
Excused: Senators Morton and Skratek - 2.
SUBSTITUTE SENATE BILL NO. 6006, 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. 6143, by Senators Spanel, Newhouse, Bauer, Nelson, Vognild, Winsley, Moore and Haugen
Establishing membership service credit.
MOTIONS
On motion of Senator Quigley, Substitute Senate Bill No. 6143 was substituted for Senate Bill No. 6143 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Quigley, the rules were suspended, Substitute Senate Bill No. 6143 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. 6143.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6143 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, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Morton and Skratek - 2.
SUBSTITUTE SENATE BILL NO. 6143, 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. 6492, by Senators M. Rasmussen and Newhouse
Regulating agricultural associations.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 6492 was substituted for Senate Bill No. 6492 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. 6492 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. 6492.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6492 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, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.
Absent: Senator Smith, L. - 1.
Excused: Senators Morton and Skratek - 2.
SUBSTITUTE SENATE BILL NO. 6492, 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 Loveland, Senators Drew, Ludwig and Niemi were excused.
SECOND READING
SENATE BILL NO. 6356, by Senator Quigley
Providing an exception to the requirement that cigarette machines be located fully within premises from which minors are prohibited.
The bill was read the second time.
MOTIONS
On motion of Senator Talmadge, the following Committee on Health and Human Services amendments were considered simultaneously and were adopted:
On page 1, beginning on line 15, after "(a) If" strike "no portion of the device is visible to any person who is outside the premise; (b) if"
On page 1, line 18, after "; and" strike "(c)" and insert "(b)"
On motion of Senator Talmadge, the rules were suspended, Engrossed Senate Bill No. 6356 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 Vognild: "Senator Talmadge, when we talk about ten feet from a door or entrance or exit, we are referring to the entrance or exit to the facility itself, are we not?"
Senator Talmadge: "That is indeed my understanding, Senator Vognild."
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6356.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6356 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.
Excused: Senators Drew, Ludwig, Morton, Niemi and Skratek - 5.
ENGROSSED SENATE BILL NO. 6356, 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. 6399, by Senators McAuliffe and M. Rasmussen
Changing child care facility provisions.
MOTION
On motion of Senator McAuliffe, Substitute Senate Bill No. 6399 was substituted for Senate Bill No. 6399 and the substitute bill was placed on second reading and read the second time.
POINT OF INQUIRY
Senator Anderson: "Senator McAuliffe, it was my understanding when we talked on this bill in Rules, was this the bill that there was supposed to be a second reading amendment on?"
Senator McAuliffe: "I'm sorry, would you ask me that again?"
Senator Anderson: "When we pulled this bill in Rules, is this the bill that there was supposed to be an amendment on--the Child Care Bill--that there was an amendment on?"
Senator McAuliffe: "And we spoke about the waiting system for the State Board of Education?"
Senator Anderson: "Is that this particular bill?"
Senator McAuliffe: "Yes, it is."
Senator Anderson: "Senator McAuliffe, in Rules, you said that as we brought this bill to the floor, there would be an amendment to pull that provision out."
Senator McAuliffe: "And I will. Thank you for the reminder. We'll set the bill down."
Senator Anderson: "Thank you."
MOTION
On motion of Senator McAuliffe, further consideration of Substitute Senate Bill No. 6399 was deferred.
SECOND READING
SENATE BILL NO. 6265, by Senators Sutherland, Amondson, Snyder, Pelz, Erwin, Fraser and Winsley
Implementing the cellular communications tax study recommendations regarding 911 emergency communication system funding.
The bill was read the second time.
MOTION
On motion of Senator Sutherland, the rules were suspended, Senate Bill No. 6265 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 6265.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6265 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 43.
Voting nay: Senators Cantu and McDonald - 2.
Excused: Senators Drew, Morton, Niemi and Skratek - 4.
SENATE BILL NO. 6265, 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 Adam Smith, Senator Vognild was excused.
SECOND READING
SENATE BILL NO. 6163, by Senators Sheldon, Bluechel, Skratek, Williams and Oke
Allowing businesses in this state to continue participating in the small business innovation research program.
MOTIONS
On motion of Senator Sheldon, Substitute Senate Bill No. 6163 was substituted for Senate Bill No. 6163 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Sheldon, the rules were suspended, Substitute Senate Bill No. 6163 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. 6163.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6163 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, 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 - 45.
Excused: Senators Drew, Morton, Niemi and Vognild - 4.
SUBSTITUTE SENATE BILL NO. 6163, 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.
PERSONAL PRIVILEGE
Senator McCaslin: "Madam President, a point of personal privilege. It was my understanding that those folks up there came to support 6111 and 6112. I don't know, obviously this fellow is unemployed and didn't have anything to do this afternoon, but we do welcome him. We appreciate you being here."
MOTION
On motion of Senator Loveland, Senator McAuliffe was excused.
SECOND READING
SENATE BILL NO. 6124, by Senators Prentice, Newhouse, Fraser, Haugen, Winsley, Franklin and Oke
Protecting homeowners' equity.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 6124 was substituted for Senate Bill No. 6124 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the following amendments were considered simultaneously and were adopted:
On page 4, line 19, strike all of NEW SECTION. Sec. 8.
On page 5, line 1, strike all of NEW SECTION. Sec. 10.
Renumber remaining sections consecutively.
MOTION
On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 6124 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 Engrossed Substitute Senate Bill No. 6124.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6124 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 5; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Cantu, Deccio, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McCaslin, Moore, Moyer, Nelson, Newhouse, 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 - 39.
Voting nay: Senators Amondson, Anderson, Bluechel, Erwin and McDonald - 5.
Excused: Senators Drew, McAuliffe, Morton, Niemi and Vognild - 5.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6124, 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 Anderson was excused.
SECOND READING
SENATE BILL NO. 6007, by Senators A. Smith and Nelson
Revising provisions relating to crimes.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 6007 was substituted for Senate Bill No. 6007 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. 6007 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. 6007.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6007 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, 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 - 43.
Excused: Senators Anderson, Drew, McAuliffe, Morton, Niemi and Vognild - 6.
SUBSTITUTE SENATE BILL NO. 6007, 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 West, the remarks on the final passage of Senate Bill No. 6516 are to be spread upon the Journal.
SECOND READING
SENATE BILL NO. 6516, by Senators West, Talmadge, Moyer, Snyder and Anderson
Creating the Warren Featherstone Reid award for excellence in health care.
The bill was read the second time.
MOTION
On motion of Senator Talmadge, the rules were suspended, Senate Bill No. 6516 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
REMARKS BY SENATOR TALMADGE
Senator Talmadge: "Thank you, Madam President and members of the Senate. Sometimes you have an obligation as a committee chairman to do your duty and handle particular pieces of legislation and other times you get to do something that really constitutes a pleasure. Senator West had a bill relating to the idea of an award for quality service in the health care system and we were trying to think of someone after whom we could appropriately name this particular award to be offered by the Governor to someone in our state. It came to our attention and thought process that there could be no one better to name this award after than Warren Featherstone Reid.
"Featherstone Reid is known, I think, to many of you out here on the floor. For those of you that don't know him, you should know that he is someone who grew up in the Wenatchee area, served on the staff of the Legislature in the 1950's and into the early 1960's and then, thereafter, was an assistant to United States Senator Warren Magnuson, in the United State Senate, both in his tenure as Chair of the United States Senate Commerce Committee and in his tenure as President Pro Tempore of the Senate. He also served with Senator Mark Hatfield when Senator Hatfield chaired the Appropriations Committee. He came back to the state of Washington and served as staff counsel to the Senate Ways and Means Committee during the tenure of Jim McDermott as Chair of that committee and the tenure of Dan McDonald as chair of that committee. Thereafter, Feather worked for the Governor's Office in the Office of Financial Management on health care matters.
"We have received a variety of letters from a variety of people who have indicated what Feather Reid has done for the state of Washington, both as to public health as to access to health care, both in the rural parts of the state and the urban parts of the state and in the area of bio-medical research. Dr. Jack Lein from the University of Washington indicated that the University of Washington status as a premier institution in bio-medial research would not have been possible, had it not been for the quiet work of Feather Reid. The efforts on rural health care would not have been met had we not had those efforts by this quiet and modest man. We've had a variety of letters from people like Jim McDermott, Mike Kreidler, Dr. Lein and Lloyd Meeds, a former member of Congress.
"The one thing that I wanted to relate to the members on the floor was something that occurred in the committee when we heard testimony on the bill. A lot of us know Dave Broderick. Dave is the lobbyist for the Washington Hospital Association, not known to be a softie at heart, but when he came before the committee to testify on this bill, Dave choked up and couldn't go forward with his testimony. He felt so emotional about this award and about the amazing things that this individual that we will name this award after, has been able to accomplish over a life-time of commitment to public service.
"It is real pleasant to be able to do something, Madam President, for someone while they are alive. Feather is not dead; we're not naming this as a memorial, but rather it is a living tribute to someone who has been dedicated to the state of Washington in a capacity of serving the Legislature of the state of Washington, the Executive Branch of the state of Washington, and the Federal Congressional Legislature as well. It is truly a pleasure to be able to commend this bill to the members of the Senate."
REMARKS BY SENATOR WEST
Senator West: "Thank you, Madam President and members of the Senate. This is a bill that will recognize the best and the brightest in the health care field providers. As we continue to grapple and improve our health care system in America, but particularly in the state of Washington, it is important to recognize those providers that do the right thing--do a good job. You know, have high achievements and consumer satisfaction, high achievements in quality and high achievements in cost efficiency--innovation and leadership and other factors. I can think of nobody more fitting to name the award after than Featherstone Reid.
"As was mentioned, he is a quiet and modest man. He would never take credit for anything. He would always lay up the options for decisions and then he would look at you and kind of get a twinkle in his eyes. You would ask him, 'Feather, what do you think I should do,' and he would kind of lean back in his chair and say, 'Well, Senator, I don't have to make that decision, that's for you to do; I didn't get elected.' Again, I think if we are going to hold up the best and the brightest, I think people will be proud to earn this award and I think that many will aspire to it and they will be proud to display it on their wall or wherever with the name of Featherstone Reid on it. I would commend this to the Senate and ask for your approval."
REMARKS BY SENATOR SELLAR
Senator Sellar: "Thank you, Madam President. I, too, would like to add to the accolades for the person for whom this award is being named after. Warren Featherstone Reid and I went to high school together in Wenatchee. We were good friends then and had some good rivalry between ourselves and I really think it is a privilege to have enjoyed his comments and company through the years when our paths have passed. I agree that he is an unusual and unique person and I feel very honored that I have had the opportunity to enjoy conversations with him. I think this is a marvelous way to add to those accolades. Thank you very much."
REMARKS BY SENATOR McDONALD
Senator McDonald: "Sounds like we are giving an eulogy and certainly we aren't, because he is very much alive and with us. I think the one thing about being in the Legislature is the somewhat unique personalities that you run across every once in a while. 'Unique' has got to be Featherstone Reid, because how else can you explain being on the staff of Warren Magnuson, Jim McDermott and Dan McDonald. The way he was able to do that was because he gave good consul--wise consul. He always was terribly honest with you and as Senator West pointed out, he would finally say, 'And that is your choice, Senator.' I think he is a unique personality; I think this a fitting tribute to a very much live person and somebody that I think very highly of, but I think that anybody that has been in contact with him thinks as well."
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No 6516.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6516 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, 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 - 43.
Excused: Senators Anderson, Drew, McAuliffe, Morton, Niemi and Vognild - 6.
SENATE BILL NO. 6516, 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. 6573, by Senators Bauer and Bluechel
Directing a study to examine the effect of the tax system on manufacturers.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the rules were suspended, Senate Bill No. 6573 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. 6573.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6573 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, 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 - 43.
Excused: Senators Anderson, Drew, McAuliffe, Morton, Niemi and Vognild - 6.
SENATE BILL NO. 6573, 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. 6447, by Senator Prince
Adopting a formula for transmitting funds for transfer students.
MOTIONS
On motion of Senator Prince, Substitute Senate Bill No. 6447 was substituted for Senate Bill No. 6447 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prince, the rules were suspended, Substitute Senate Bill No. 6447 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. 6447.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6447 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, 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 - 45.
Excused: Senators Drew, McAuliffe, Morton and Niemi - 4.
SUBSTITUTE SENATE BILL NO. 6447, 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. 6593, by Senators Pelz, M. Rasmussen, Skratek and McAuliffe
Creating the learning and life skills grant program.
MOTIONS
On motion of Senator Pelz, Substitute Senate Bill No. 6593 was substituted for Senate Bill No. 6593 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. 6593 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Anderson: "Senator Pelz, in the summary that we have in front of us of the proposed substitute, it references basic education funds. Are we using basic ed funds to fund this program and if we are can you explain how that mechanism works?"
Senator Pelz: "Yes, the department--DJR will administer the program. They will set up a grant program to contract with school districts. The school districts shall apply their basic education dollars to the education of the children involved, so if the child is not in school the basic ed dollars will not flow. The basic ed dollars are not impacted by this bill. This bill speaks to--and it is null and voided--but the bill speaks to the grant program run by DJR to allow school districts some additional case management and other activities with the child while they are enrolling a child in an educational program, and it is the education program that those basic ed dollars flow to. If the child is not enrolled in school, the basic ed dollars do not flow."
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6593.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6593 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, 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 - 45.
Excused: Senators Drew, McAuliffe, Morton and Niemi - 4.
SUBSTITUTE SENATE BILL NO. 6593, 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 McCaslin was excused.
SECOND READING
SENATE BILL NO. 6357, by Senator Quigley
Creating the liquor control agency.
MOTIONS
On motion of Senator Quigley, Substitute Senate Bill No. 6357 was substituted for Senate Bill No. 6357 and the substitute bill was placed on second reading and read the second time.
Senator Quigley moved that the following amendments be considered simultaneously and be adopted:
On page 7, after line 7, insert the following:
"The final decision of the liquor control review board shall be an adjudicative proceeding and subject to the applicable provisions of chapter 34.05 RCW."
On page 9, line 16, after "agency;" strike "and"
On page 9, line 17, after "title" insert "; and
(8) The director may summarily suspend a license or permit for a period of up to thirty days without a prior hearing if he or she finds that public health, safety, or welfare imperatively require emergency action, and incorporates a finding to that effect in his or her order; and proceedings for revocation or other action must be promptly instituted and determined"
On page 9, line 30, after "(2)" insert "The director shall adopt rules applicable to adjudicative proceedings that are subject to the applicable provisions of chapter 34.05 RCW as provided in (a), (b), and (c) of this subsection.
(a) An opportunity for a hearing may be provided an applicant for the reissuance of a permit or license prior to the disposition of the application, and if no such opportunity for a prior hearing is provided then an opportunity for a hearing to reconsider the application must be provided the applicant.
(b) An opportunity for a hearing must be provided a permittee or licensee prior to a revocation or modification of any permit or license and, except as provided in RCW 66.08.020(8), prior to the suspension of any permit or license.
(c) No hearing shall be required until demanded by the applicant, permittee, or licensee.
(3)"
On page 15, beginning on line 19, strike all of section 16
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 23, after line 9, strike everything through line 18, and insert the following:
"(1) RCW 66.08.016 and 1961 c 1 s 30, 1947 c 113 s 2, & 1933 ex.s. c 62 s 65;
(2) RCW 66.08.050 and 1993 c 25 s 1, 1986 c 214 s 2, 1983 c 160 s 1, 1975 1st ex.s. c 173 s 1, 1969 ex.s. c 178 s 1, 1963 c 239 s 3, 1935 c 174 s 10, & 1933 ex.s. c 62 s 69; and
(3) RCW 66.08.150 and 1989 c 175 s 122, 1967 c 237 s 23, & 1933 ex.s. c 62 s 62."
POINT OF INQUIRY
Senator Roach: "Senator Quigley, I am just reading lines fourteen through nineteen and I am wondering a couple of things. What is the current law in relation to 'may summarily suspend a license or permit for a period of up to thirty days without a prior hearing?' What is the current law, that is my first question."
Senator Quigley: "Senator Roach, I had a feeling that someone would be careful and ask this question and I contacted staff and have been informed this simply reflects exiting law."
Senator Roach: "That's existing law?"
Senator Quigley: "Yes, that is how--"
Senator Roach: "Thank you, Senator Quigley. That is the last question."
The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senator Quigley on page 7, after line 7; page 9, lines 16, 17, and 30; page 15, beginning on line 19; and page 23, after line 9; to Substitute Senate Bill No. 6357.
The motion by Senator Quigley carried and the amendments were adopted.
MOTIONS
On motion of Senator Quigley, the following title amendments were considered simultaneously and were adopted:
On page 1, line 3 of the title, after "66.08.100," strike "66.08.150,"
On page 1, beginning on line 6 of the title, after "repealing RCW" strike everything through "66.08.050" on line 7, and insert "66.08.016, 66.08.050, and 66.08.150"
On motion of Senator Quigley, the rules were suspended, Engrossed Substitute Senate Bill No. 6357 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Cantu: "Senator Quigley, under this bill, do I still have the Liquor Control Board and create a new body called, 'The Agency?' Do I not have both?"
Senator Quigley: "No, Senator Cantu, there is a Liquor Control Agency, which has a Liquor Control Director that performs many of the functions of the Liquor Control Board. Then, in addition, we create a Liquor Review Board, a five person Liquor Review Board, that meets on an as-need basis, is paid a per diem, to handle appeals and administrative claims."
Senator Cantu: "O.K., but that's added; we do not do away with the Liquor Control Board or the existing agency? We're adding another one?"
Senator Quigley: "No, we do do away with the existing Liquor Control Board."
Senator Cantu: "Thank you. I didn't quite understand and that is why I was asking."
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6357.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6357 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 2; Absent, 2; Excused, 4.
Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Moore, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams and Winsley - 41.
Voting nay: Senators Nelson and Wojahn - 2.
Absent: Senators Bluechel and Smith, A. - 2.
Excused: Senators McAuliffe, McCaslin, Morton and Niemi - 4.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6357, 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 Loveland, Senator Adam Smith was excused.
SECOND READING
SENATE BILL NO. 5449, by Senator Hargrove
Changing provisions regarding judgments.
The bill was read the second time.
MOTIONS
On motion of Senator Ludwig, the following Committee on Law and Justice amendment was adopted:
On page 2, after line 30, insert the following:
"When application is made to the court to grant an additional ten years during which an execution may be issued on a judgment, the application shall be accompanied by a current and updated judgment summary as outlined in this section."
On motion of Senator Ludwig, the rules were suspended, Engrossed Senate Bill No. 5449 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. 5449.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5449 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.
Excused: Senators McAuliffe, McCaslin, Morton, Niemi and Smith, A. - 5.
ENGROSSED SENATE BILL NO. 5449, 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. 6421, by Senators Moyer, Wojahn, Winsley, Pelz, Haugen, Loveland, Hochstatter, M. Rasmussen, Morton, Prentice, Prince, Sheldon, Quigley, Deccio, L. Smith, Bluechel, Sellar and Oke
Requiring standards for long-term care insurance.
MOTIONS
On motion of Senator Talmadge, Substitute Senate Bill No. 6421 was substituted for Senate Bill No. 6421 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. 6421 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. 6421.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6421 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 1; Absent, 1; Excused, 5.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, L., Snyder, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.
Voting nay: Senator Anderson - 1.
Absent: Senator Spanel - 1.
Excused: Senators McAuliffe, McCaslin, Morton, Niemi and Smith, A. - 5.
SUBSTITUTE SENATE BILL NO. 6421, 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. 6203, by Senators Snyder, Haugen and Spanel
Changing limits on rural partial-county library districts.
The bill was read the second time.
MOTION
On motion of Senator Winsley, the rules were suspended, Senate Bill No. 6203 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTIONS
On motion of Senator Oke, Senator Linda Smith was excused.
On motion of Senator Sheldon, Senator Rinehart was excused.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6203.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6203 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.
Excused: Senators McAuliffe, McCaslin, Morton, Niemi, Rinehart, Smith, A. and Smith, L. - 7.
SENATE BILL NO. 6203, 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. 6408, by Senators Spanel, Owen, Prentice, Sheldon, Fraser and Hargrove
Including tribal authorities in mental health systems.
The bill was read the second time.
MOTION
On motion of Senator Talmadge, the rules were suspended, Senate Bill No. 6408 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. 6408.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6408 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.
Excused: Senators McAuliffe, McCaslin, Morton, Niemi, Rinehart, Smith, A. and Smith, L. - 7.
SENATE BILL NO. 6408, 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. 6068, by Senators Fraser, Deccio, Spanel and Oke
Revising procedures for appeals involving boards within the environmental hearings office.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 6068 was substituted for Senate Bill No. 6068 and the substitute bill was placed on second reading and read the second time.
Senator Talmadge moved that the following amendment be adopted:
On page 10, after line 25 insert the following:
"NEW SECTION. Sec. 10. (1) The Legislature finds that the Governor's Task Force on Regulatory Reform, created by executive order 93-06, proposes to review and make recommendations for legislation in the 1995 session on the integration of land use and environmental laws related to construction and resource use, including the integration of appeals and litigation processes. The Legislature further finds that the Task Force has created a subcommittee to conduct this review, and therefore the review directed by this section is most appropriately conducted by the Task Force as part of its proposed study during 1994.
(2) The Governor's Task Force on Regulatory Reform, created by executive order 93-06, shall review and make recommendations regarding the consolidation of the following boards into a single board with jurisdiction over such land use and environmental decisions as such boards collectively exercise under current law:
(a) Pollution control hearings board;
(b) Growth planning hearings boards;
(c) Shorelines hearings board;
(d) Hydraulics appeals board; and
(e) Forest practices appeals board.
The Task Force shall review the caseloads, staffing, and appeal procedures of such boards, as well as current and anticipated caseloads in view of future regulatory, planning or other requirements likely to impact the caseloads of such boards. The Task Force shall include in its review the anticipated impact on such boards of the implementations of recommendations that the Task Force may make regarding the integration of environmental and land use laws, appeals and litigation processes, as described in subsection (1).
(3) The Task Force shall include the results of its review in a report to the Governor and the standing committees of the legislature on environmental and judiciary matters on or before December 1, 1994. The report shall include recommendations on whether such board consolidation may achieve administrative efficiencies while ensuring timely resolution of all matters which may be considered by such a board. The report shall also include recommendations on board size, staffing, and other considerations relevant to consolidation of the existing boards.
(4) The report and recommendations may be incorporated with any additional reports which the Task Force prepares in compliance with executive order 93-06."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Talmadge on page 10, after line 25, to Substitute Senate Bill No. 6068.
The motion by Senator Talmadge carried and the amendment was adopted.
MOTIONS
On motion of Senator Talmadge, the following title amendments were considered simultaneously and were adopted:
On page 1, line 4 of the title, after ";" delete "and"
On page 1, line 5 of the title, after "RCW" insert "; and creating a new section"
On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 6068 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 Substitute Senate Bill No. 6068.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6068 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.
Excused: Senators McAuliffe, McCaslin, Morton, Niemi, Rinehart, Smith, A. and Smith, L. - 7.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6068, 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. 6219, by Senators Skratek, Bluechel, Sheldon, Williams, Erwin, M. Rasmussen and Winsley
Establishing the Washington manufacturing extension center.
MOTIONS
On motion of Senator Skratek, Substitute Senate Bill No. 6219 was substituted for Senate Bill No. 6219 and the substitute bill was placed on second reading and read the second time.
Senator Bauer moved that the following amendments by Senators Bauer and Prince be considered simultaneously and be adopted:
On page 2, line 29, after "4," strike "5, and 6" and insert "and 5"
On page 3, line 11, after "4," strike "5, and 6" and insert "and 5"
On page 4, line 2, after "3," strike "5, and 6" and insert "and 5"
On page 4, line 5, after "3," strike "5, and 6" and insert "and 5"
On page 5, beginning on line 12, strike all of section 6
Renumber the remaining section consecutively.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senator Bauer and Prince on page 2, line 29; page 3, line 11; page 4, lines 2 and 5; and page 5, beginning on line 12; to Substitute Senate Bill No. 6219.
The motion by Senator Bauer carried and the amendments were adopted.
MOTIONS
On motion of Senator Stratek, the following title amendment was adopted:
On page 1, beginning on line 3 of the title, after "RCW;" strike everything through "28B.80 RCW;" on line 4
On motion of Senator Skratek, the rules were suspended, Engrossed Substitute Senate Bill No. 6219 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 Substitute Senate Bill No. 6219.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6219 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 2; Absent, 0; Excused, 7.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sheldon, Skratek, Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 40.
Voting nay: Senators Anderson and Sellar - 2.
Excused: Senators McAuliffe, McCaslin, Morton, Niemi, Rinehart, Smith, A. and Smith, L. - 7.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6219, 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. 6205, by Senators Vognild and Prince
Regulating ready-mix mixer trucks.
The bill was read the second time.
MOTION
On motion of Senator Vognild, the rules were suspended, Senate Bill No. 6205 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. 6205.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6205 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.
Excused: Senators McAuliffe, McCaslin, Morton, Niemi, Rinehart, Smith, A. and Smith, L. - 7.
SENATE BILL NO. 6205, 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. 6041, by Senators Ludwig, A. Smith, Winsley, Oke, Nelson and McAuliffe
Prescribing penalties for criminal street gang activities.
The bill was read the second time.
MOTION
On motion of Senator Ludwig, the rules were suspended, Senate Bill No. 6041 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 6041.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6041 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.
Excused: Senators McAuliffe, McCaslin, Morton, Niemi, Rinehart, Smith, A. and Smith, L. - 7.
SENATE BILL NO. 6041, 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 6:58 p.m., on motion of Senator Spanel, the Senate adjourned until 8:00 a.m., Saturday, February 12, 1994.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate