NOTICE: Formatting and page numbering in this document may be different
from that in the original published version.
SIXTY-EIGHTH DAY
__________
AFTERNOON SESSION
__________
House Chamber, Olympia, Friday, March 17, 1995
The House was called to order at 1:30 p.m. by the Speaker. The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Sokchea Chin and Johnathan Easling. Prayer was offered by Father Anthony Haycock of St. Mary's Church of Seattle.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
Mr. Speaker introduced Father Anthony Haycock who sang "Fields of Athenry".
The Irish flag was presented to the rostrum by Katrina Ortblad.
Kathy Ward sang "When Irish Eyes are Smiling".
The Speaker introduced Former Speaker John L. O'Brien and his wife Mary who were seated on the rostrum.
Representative Ebersole paid tribute to Representative O'Brien, Speaker Emeritus O'Brien and Monsignor O'Brien and welcomed him to the House of Representatives today in honor of St. Patrick's Day.
Representative Padden also paid tribute to Speaker Emeritus O'Brien and welcomed him to the House of Representatives on St. Patrick's day.
The Sergeant at Arms escorted the Apple Blossom Festival Court Princess Tabitha Alexander and Tanya Rodriquez into the House Chambers to their seats on the rostrum.
Representative Foreman escorted Apple Blossom Festival Queen Mari Foreman into the House Chambers and on the rostrum introduced her to the members of the House.
Apple Blossom Festival Queen Mari Foreman, and her court spoke about the upcoming May festival and encouraged everyone in the House to come to the Wenatchee Apple Blossom Festival.
HOUSE RESOLUTION NO. 95-4638, by Representatives Foreman, Dyer, Lambert and Robertson
WHEREAS, It is the policy of the Washington State House of Representatives to recognize and honor the unique and extraordinary characteristics of the various regions of the great State of Washington; and
WHEREAS, The State of Washington, which produces nearly fifty percent of all apples grown in the United States, takes great pride in being the largest producer of apples in the entire nation; and
WHEREAS, The Wenatchee Valley is well known not only for its natural beauty but for producing apples of the highest quality; and
WHEREAS, The City of Wenatchee is preparing to celebrate the 76th annual Washington State Apple Blossom Festival to take place from April 27 through May 7, 1995; and
WHEREAS, The festival, an event steeped in tradition, started in 1919 when Mrs. E. Wagner arrived from New Zealand, bringing with her the custom of celebrating the apple, and organized Blossom Day, a one-day gathering of poetry and song in Wenatchee's Memorial Park; and
WHEREAS, Today, the annual Apple Blossom Festival lasts no less than ten days and brings in an excess of one hundred thousand visitors to Wenatchee to take part in the celebration, which features arts and crafts, delicious food, and youth and family activities, and is highlighted by the regal Grand Parade honoring the Apple Blossom Festival Court; and
WHEREAS, Wenatchee has selected the 1995 Apple Blossom Festival Court representing the spirit and enthusiasm of the festival and consisting of: Apple Blossom Queen Mari Foreman, a senior at Wenatchee High School who is vice-president of the National Honor Society and gifted in music, drama, and art; Princess Tabitha Alexander, a senior at Wenatchee High School who has represented her class for four years while remaining active in both music and drama; and Princess Tanya Rodriquez, a senior at Eastmont High School, who is both president and secretary of the Concert Choir and excels in music and academics;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives take great pleasure in recognizing and honoring the talented and worthy members of the Apple Blossom Festival Court and joins the City of Wenatchee and the people of the State of Washington in celebrating the Washington State Apple Blossom Festival; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Queen Mari Foreman, Princess Tabitha Alexander, and Princess Tanya Rodriquez.
Representative Foreman moved adoption of the resolution.
Representative Foreman spoke in favor of adoption of the resolution.
House Resolution No. 4638 was adopted.
There being no objection the House reverted to the third order of business.
MESSAGE FROM THE SENATE
March 15, 1995
Mr. Speaker:
The Senate has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5000,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5064,
SUBSTITUTE SENATE BILL NO. 5106,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5244,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5375,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5439,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5530,
ENGROSSED SENATE BILL NO. 5555,
SECOND SUBSTITUTE SENATE BILL NO. 5574,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5820,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5914,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5943,
ENGROSSED SENATE BILL NO. 5998,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6029,
ENGROSSED SENATE BILL NO. 6037,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6049,
SENATE JOINT MEMORIAL NO. 8006,
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Foreman moved that the House advance to the fourth order of business.
INTRODUCTIONS AND FIRST READING
ESSB 5000 by Senate Committee on Ways & Means (originally sponsored by Senators Loveland, Snyder, Wojahn, Sheldon, Gaspard, Franklin, Haugen, Rasmussen, Quigley, Owen, McAuliffe, Winsley, McCaslin, Drew, Morton, Prentice, Bauer, Spanel, Hale and Deccio)
Reducing property taxes.
Referred to Committee on Finance.
E2SSB 5064 by Senate Committee on Ways & Means (originally sponsored by Senators Owen, Drew and Oke)
Revising the regional fisheries enhancement program.
Referred to Committee on Natural Resources.
SSB 5106 by Senate Committee on Natural Resources (originally sponsored by Senators Morton, Owen, Drew, Sellar, Hochstatter, Fraser, Newhouse, Prince, Haugen and Oke)
Providing for grizzly bear management.
Referred to Committee on Natural Resources.
ESSB 5244 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Owen and Hargrove)
Revising the definition of "dependent child" for purposes of aid to families with dependent children.
Referred to Committee on Children & Family Services.
ESSB 5375 by Senate Committee on Law & Justice (originally sponsored by Senators Wojahn, McCaslin, Haugen, Deccio, Franklin, Spanel, Kohl, Snyder, Quigley, Prentice, Oke and Moyer)
Suspending various licenses for failure to pay child support.
Referred to Committee on Law & Justice.
E2SSB 5439 by Senate Committee on Ways & Means (originally sponsored by Senators Hargrove, Long, Franklin, Smith, Schow, Owen, Moyer, Oke, Strannigan, Gaspard, Snyder, Heavey, Haugen, Rasmussen, Quigley, Wojahn, Loveland, Bauer, Winsley, Deccio, Spanel, Hale, Hochstatter and Palmer)
Revising procedures for nonoffender at-risk youth and their families.
Referred to Committee on Children & Family Services.
SB 5525 by Senators Heavey, Johnson, C. Anderson and Smith
Providing for setting salaries of municipal court judges in cities over four hundred thousand.
Referred to Committee on Law & Justice.
ESSB 5530 by Senate Committee on Law & Justice (originally sponsored by Senators Smith, Roach, Rasmussen and Winsley)
Authorizing the use of automated traffic enforcement systems.
Referred to Committee on Transportation.
ESB 5555 by Senators C. Anderson, Long, Kohl, A. Anderson, Fairley, Sheldon, Prentice and Moyer
Modifying taxation of massage services.
Referred to Committee on Finance.
2SSB 5574 by Senate Committee on Ways & Means (originally sponsored by Senators Hargrove, A. Anderson, Snyder, McDonald, Owen, Long, Rasmussen, Swecker, Heavey, Morton, Deccio, Johnson, Loveland, Hale, Sutherland, Strannigan, Palmer, Moyer, Hochstatter, West, Drew, Haugen, Quigley, Bauer and Roach)
Concerning the return of state forest board transfer land.
Referred to Committee on Natural Resources.
SB 5758 by Senators Pelz, Hargrove and Long
Removing statutory restrictions on class II inmate work programs.
Referred to Committee on Corrections.
ESSB 5820 by Senate Committee on Energy, Telecommunications & Utilities (originally sponsored by Senators Sutherland, Finkbeiner, Snyder, Smith and Quigley)
Penalizing theft of telecommunication and cable services.
Referred to Committee on Energy & Utilities.
SB 5857 by Senators Morton, Pelz, Heavey, McCaslin, Fraser, Moyer, Hochstatter, Deccio, Palmer and Schow
Revising the procedure for identifying subcontractors for specified public works contracts.
Referred to Committee on Government Operations.
Authorizing regulation of vegetation height on residential lots along shorelines.
Referred to Committee on Agriculture & Ecology.
ESSB 5914 by Senate Committee on Ways & Means (originally sponsored by Senators Prentice, Heavey, Deccio and Finkbeiner)
Financing public stadium, convention, performing arts, visual arts, and other tourism facilities.
Referred to Committee on Trade & Economic Development.
ESSB 5943 by Senate Committee on Ways & Means (originally sponsored by Senators Rinehart, Prince, Sheldon, Deccio and Kohl)
Financing convention and trade centers.
Referred to Committee on Trade & Economic Development.
ESB 5998 by Senators Sheldon, Owen, Oke, Fraser, Hochstatter and Palmer
Authorizing local government waivers from specific requirements of on-site sewage system rules adopted by the board of health.
Referred to Committee on Agriculture & Ecology.
ESSB 6029 by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senator Pelz)
Revising exemptions from overtime compensation requirements.
ESB 6037 by Senators Sheldon, Hale, Rinehart, Haugen, Drew, Oke, Kohl, Fairley, Franklin, Snyder, Quigley, Bauer, McAuliffe, Fraser, Sutherland and Gaspard
Creating the Washington Independent Regulatory Affairs Commission.
Referred to Committee on Government Operations.
ESSB 6049 by Senate Committee on Ways & Means (originally sponsored by Senators Prentice, Finkbeiner, Snyder and Pelz)
Financing public stadiums used by sports teams.
Referred to Committee on Trade & Economic Development.
SJM 8006 by Senators Oke, Owen, Roach, Hochstatter, Snyder, Schow, Cantu, Long, Hale, Swecker, A. Anderson, Palmer, Sellar, Deccio, Morton, McDonald, Prince, Johnson, Winsley, Bauer and Rasmussen
Asking Congress to propose a constitutional amendment to prohibit the physical desecration of the flag.
Referred to Committee on Government Operations.
MOTION
On motion of Representative Foreman, the bills and memorial listed on today's introduction sheet under the fourth order of business were referred to the committees so designated with the exception of Engrossed Substitute Senate Bill No. 6029 which was placed on the second reading calendar and held.
There being no objection, the House advanced to the fifth order of business.
REPORTS OF STANDING COMMITTEES
March 16, 1995
ESSB 5253 Prime Sponsor, Quigley: Implementing the public health improvement plan. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Representatives Dyer, Chairman; Backlund, Vice Chairman; Hymes, Vice Chairman; Dellwo, Ranking Minority Member; Cody, Assistant Ranking Minority Member; Campbell; Casada; Conway; Crouse; Kessler; Sherstad and Skinner.
Voting Yea: Representatives Backlund, Campbell, Casada, Cody, Conway, Crouse, Dellwo, Dyer, Hymes, Kessler, Sherstad and Skinner.
Excused: Representative Morris.
Referred to Committee on Appropriations.
March 16, 1995
SB 5287 Prime Sponsor, Wood: Providing school loan forgiveness in exchange for service within Washington state. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28B.80.160 and 1985 c 370 s 18 are each amended to read as follows:
In the development of any such plans as called for within RCW 28B.80.150, the board shall use at least the following criteria:
(1) Students who are eligible to attend compact-authorized programs in other states shall meet the Washington residency requirements of chapter 28B.15 RCW prior to being awarded tuition assistance ((grants;)).
(2) For recipients named after January 1, 1995, the tuition assistance shall be in the form of loans that may be completely forgiven in exchange for the student's service within the state of Washington after graduation. The requirements for such service and provisions for loan forgiveness shall be determined in rules adopted by the board.
(3) If appropriations are insufficient to fund all students qualifying under subsection (1) of this section, then the plans shall include criteria for student selection that would be in the best interest in meeting the state's educational needs, as well as recognizing the financial needs of students.
(4) Receipts from the payment of principal or interest or any other subsidies to which the board as administrator is entitled, that are paid by or on behalf of participants under this section, shall be deposited with the board and placed in an account created in this section and shall be used to cover the costs of granting the scholarships, maintaining necessary records, and making collections. The board shall maintain accurate records of these costs, and all receipts beyond those necessary to pay such costs shall be used to grant conditional loans to eligible students.
(5) The Washington interstate commission on higher education professional student exchange program trust fund is created in the custody of the state treasurer. All receipts from loan repayment shall be deposited into the fund. Only the higher education coordinating board, or its designee, may authorize expenditures from the fund. No appropriation is required for expenditures from this fund.
NEW SECTION. Sec. 2. RCW 28B.102.900 and 1994 c 126 s 4 & 1987 c 437 s 9 are each repealed.
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On page 1, beginning on line 1 of the title, after "aid;" strike the remainder of the title and insert "amending RCW 28B.80.160; repealing RCW 28B.102.900; and declaring an emergency."
Signed by Representatives Carlson, Chairman; Mulliken, Vice Chairman; Jacobsen, Ranking Minority Member; Mason, Assistant Ranking Minority Member; Blanton; Delvin and Sheahan.
MINORITY recommendation: Do not pass. Signed by Representatives Benton and Goldsmith.
Voting Yea: Representatives Blanton, Carlson, Delvin, Kessler, Jacobsen, Mason, Mulliken and Sheahan.
Voting Nay: Representatives Benton and Goldsmith.
Excused: Representatives Basich and Mastin.
Passed to Committee on Rules for second reading.
March 16, 1995
SSB 5377 Prime Sponsor, Committee on Health & Long-Term Care: Modifying physician self-referral provisions. Reported by Committee on Health Care
MAJORITY recommendations: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 74.09.240 and 1979 ex.s. c 152 s 5 are each amended to read as follows:
(1) Any person, including any corporation, that solicits or receives any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind
(a) in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under this chapter, or
(b) in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any goods, facility, service, or item for which payment may be made in whole or in part under this chapter,
shall be guilty of a class C felony((: PROVIDED, That)); however, the fine, if imposed, shall not be in an amount more than twenty-five thousand dollars, except as authorized by RCW 9A.20.030.
(2) Any person, including any corporation, that offers or pays any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person
(a) to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made, in whole or in part, under this chapter, or
(b) to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any goods, facility, service, or item for which payment may be made in whole or in part under this chapter,
shall be guilty of a class C felony((: PROVIDED, That)); however, the fine, if imposed, shall not be in an amount more than twenty-five thousand dollars, except as authorized by RCW 9A.20.030.
(3)(a) Except as provided in 42 U.S.C. 1395 nn, physicians are prohibited from self-referring any client eligible under this chapter for the following designated health services to a facility in which the physician or an immediate family member has a financial relationship:
(i) Clinical laboratory services;
(ii) Physical therapy services;
(iii) Occupational therapy services;
(iv) Radiology including magnetic resonance imaging, computerized axial tomography, and ultrasound services;
(v) Durable medical equipment and supplies;
(vi) Parenteral and enteral nutrients equipment and supplies;
(vii) Prosthetics, orthotics, and prosthetic devices;
(viii) Home health services;
(ix) Outpatient prescription drugs;
(x) Inpatient and outpatient hospital services;
(xi) Radiation therapy services and supplies.
(b) For purposes of this subsection, "financial relationship" means the relationship between a physician and an entity that includes either:
(i) An ownership or investment interest; or
(ii) A compensation arrangement.
For purposes of this subsection, "compensation arrangement" means an arrangement involving remuneration between a physician, or an immediate family member of a physician, and an entity.
(c) The department is authorized to adopt by rule amendments to 42 U.S.C. 1395 nn enacted after the effective date of this act.
(d) This section shall not apply in any case covered by a general exception specified in 42 U.S.C. Sec. 1395 nn.
(4) Subsections (1) and (2) of this section shall not apply to
(a) a discount or other reduction in price obtained by a provider of services or other entity under this chapter if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under this chapter, and
(b) any amount paid by an employer to an employee (who has a bona fide employment relationship with such employer) for employment in the provision of covered items or services.
(((4))) (5) Subsections (1) and (2) of this section, if applicable to the conduct involved, shall supersede the criminal provisions of chapter 19.68 RCW, but shall not preclude administrative proceedings authorized by chapter 19.68 RCW."
Signed by Representatives Dyer, Chairman; Backlund, Vice Chairman; Hymes, Vice Chairman; Dellwo, Ranking Minority Member; Cody, Assistant Ranking Minority Member; Campbell; Casada; Conway; Crouse; Kessler; Sherstad and Skinner.
Voting Yea: Representatives Backlund, Campbell, Casada, Cody, Conway, Crouse, Dellwo, Dyer, Hymes, Kessler, Sherstad and Skinner.
Excused: Representative Morris.
Passed to Committee on Rules for second reading.
March 16, 1995
SSB 5419 Prime Sponsor, Committee on Health & Long-Term Care: Modifying federal financial participation related to health insurer's and children's health care. Reported by Committee on Health Care
MAJORITY Recommendation: Do pass. Signed by Representatives Dyer, Chairman; Backlund, Vice Chairman; Hymes, Vice Chairman; Dellwo, Ranking Minority Member; Cody, Assistant Ranking Minority Member; Campbell; Casada; Conway; Crouse; Kessler; Sherstad and Skinner.
Voting Yea: Representatives Backlund, Campbell, Casada, Cody, Conway, Crouse, Dellwo, Dyer, Hymes, Kessler, Sherstad and Skinner.
Excused: Representative Morris.
Passed to Committee on Rules for second reading.
MOTION
On motion of Representative Foreman, the bills listed on today's committee reports under the fifth order of business were referred to the committees so designated.
There being no objection the House advanced to the eighth order of business.
MOTION
On motion of Representative Foreman, Substitute Senate Bill No. 5053 was rereferred from the Committee on Commerce & Labor to the Committee on Trade & Economic Development, Substitute Senate Bill No. 5211 was rereferred from the Committee on Government Operations to the Committee on Capital Budget, Substitute Senate Bill No. 5472 was rereferred from the Committee on Government Operations to the Committee on Energy & Utilities, Engrossed Second Substitute Senate Bill No. 5491 was rereferred from the Committee on Corrections to the Committee on Law & Justice, Engrossed Substitute Senate Bill No. 5503 was rereferred from the Committee on Trade & Economic Development to the Committee on Agriculture & Ecology, Engrossed Substitute Senate Bill No. 5629 was rereferred from the Committee on Law & Justice to the Committee on Commerce & Labor, Engrossed Substitute Senate Bill No. 5247 was rereferred from the Committee on Agriculture & Ecology to the Committee on Capital Budget and Substitute Senate Bill No. 5751 was rereferred from the Committee on Commerce & Labor to Committee on Law and Justice.
MOTION
On motion of Representative Foreman, the House reverted to the fourth order of business.
SUPPLEMENTAL INTRODUCTIONS AND FIRST READINGS
SB 5055 by Senators Winsley and Haugen
Revising requirements for filing of instruments.
Referred to Committee on Government Operations.
MOTION
On motion of Representative Foreman, the bill listed on today's supplemental introduction sheet under the fourth order of business was referred to the committee so designated.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Foreman, the House adjourned until 10:00 a.m., Monday, March 20, 1995.
CLYDE BALLARD, Speaker
TIMOTHY A. MARTIN, Chief Clerk