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FIFTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, January 13, 1995
The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Drew, Fairley, Pelz, Prentice, Quigley, Schow, Sheldon, Snyder and Winsley. On motion of Senator Loveland, Senators Fairley, Prentice, Quigley and Snyder were excused.
The Sergeant at Arms Color Guard, consisting of Pages Leslie Gardner and Brian Hagerman, presented the Colors. Reverend Kathryn Everett, pastor of the First United Methodist Church of Olympia, offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
January 12, 1995
SJM 8000 Prime Sponsor, Senator Rasmussen: Petitioning Congress to introduce legislation on pesticide use for minor crops. Reported by Committee on Agriculture and Agricultural Trade and Development
MAJORITY Recommendation: Do pass as amended. Signed by Senators Rasmussen, Chair; Loveland, Vice Chair; A. Anderson, Bauer, Morton, Newhouse and Snyder.
Passed to Committee on Rules for second reading.
January 12, 1995
SJM 8001 Prime Sponsor, Senator Rasmussen: Petitioning Congress to amend the food, drug, and cosmetic act to establish a negligible risk standard for pesticide residue in processed foods. Reported by Committee on Agriculture and Agricultural Trade and Development
MAJORITY Recommendation: Do pass. Signed by Senators Rasmussen, Chair; Loveland, Vice Chair; A. Anderson, Bauer, Morton, Newhouse and Snyder.
Passed to Committee on Rules for second reading.
MESSAGES FROM THE GOVERNOR
January 9, 1995
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Guy McMinds, appointed January 9, 1995, for a term ending September 30, 1996, as a member of the Board of Trustees for Grays Harbor Community College District No. 2.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
January 9, 1995
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
Dr. Donna D. Schram, reappointed January 9, 1995, for a term ending August 2, 1997, as a member of the Sentencing Guidelines Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Law and Justice.
MESSAGE FROM STATE OFFICES
STATE OF WASHINGTON
HOUSING FINANCE COMMISSION
January 11, 1995
Mr. Marty Brown
Secretary of the Senate
306 Legislative Building
Olympia, Washington 98504-0482
Dear Mr. Brown:
In accordance with the guidelines set forth by which the Washington State Housing Finance Commission was established, I am forwarding to you a copy of the Commission's 1994 Annual Report and Financial Report. This report summarizes the use of our programs during the past fiscal year in accordance with the current Housing Finance Plan.
Please call me if you have any questions.
Sincerely,
JAMA HAWK, Manager, External Affairs
The Report from the Housing Finance Commission is on file in the Office of the Secretary of the Senate.
MESSAGE FROM STATE OFFICES
STATE OF WASHINGTON
DEPARTMENT OF LABOR AND INDUSTRIES
P. O. Box 44000
Olympia, Washington 98504-4000
January 13, 1995
Lieutenant Governor Joel Pritchard
304 Legislative Building
Olympia, Washington 98504
Dear Lieutenant Governor Pritchard:
RCW 51.36.080 requires the Department to make a semi-annual Report to the Legislature for interest payments made to vendors of medical services. The Department paid no interest during the period July 1, 1994, through December 31, 1994.
Sincerely,
MARK O. BROWN, Director
The Report from the Department of Labor and Industries is on file in the Office of the Secretary of the Senate.
INTRODUCTION AND FIRST READING
SB 5164 by Senator Smith
AN ACT Relating to service of orders; and amending RCW 6.32.130.
Referred to Committee on Law and Justice.
SB 5165 by Senator Smith
AN ACT Relating to the statute of limitations for negotiable instruments; and amending RCW 62A.3-118.
Referred to Committee on Financial Institutions and Housing.
SB 5166 by Senator Smith
AN ACT Relating to judgments; and amending RCW 4.56.210.
Referred to Committee on Law and Justice.
SB 5167 by Senator Smith
AN ACT Relating to service of process; and amending RCW 4.28.080.
Referred to Committee on Law and Justice.
SB 5168 by Senators McAuliffe, Quigley, Fairley, Drew, Haugen, Bauer and Pelz
AN ACT Relating to student records for students transferring from private to public schools; and adding a new section to chapter 28A.195 RCW.
Referred to Committee on Education.
SB 5169 by Senators McAuliffe, Cantu, Pelz, Hochstatter, Drew, A. Anderson, Rasmussen and Kohl (by request of Joint Select Committee on Education Restructuring)
AN ACT Relating to the recommendations of the joint select committee on education restructuring; amending RCW 28A.150.360, 28A.150.370, 28A.150.380, 28A.215.010, 28A.215.040, 28A.625.010, 28A.625.050, 28A.630.868, 28A.630.870, 28A.630.874, 28A.630.880, 28A.205.050, 28A.630.400, 28A.170.075, 28A.170.090, 28A.610.010, 28A.610.020, 28A.610.030, 28A.215.020, 28A.215.030, 28A.215.050, 28A.405.120, 28A.415.105, 28B.90.005, 28A.215.170, 28A.320.200, 28A.330.100, 28A.400.306, 28A.630.885, 28A.630.952, 28A.650.015, 28A.180.080, 28A.225.220, 28A.225.250, and 28A.335.160; reenacting and amending RCW 28A.315.680; adding new sections to chapter 28A.410 RCW; adding a new chapter to Title 28B RCW; creating new sections; recodifying RCW 28A.405.010, 28A.405.025, 28A.610.010, 28A.610.020, 28A.610.030, 28A.610.040, and 28A.610.050; repealing RCW 28A.310.380, 28A.170.010, 28A.170.020, 28A.170.030, 28A.170.040, 28A.170.060, 28A.170.070, 28A.175.060, 28A.210.050, 28A.225.190, 28A.405.150, 28A.405.160, 28A.415.290, 28A.630.090, 28A.630.091, 28A.630.750, 28A.630.753, 28A.630.756, 28A.630.759, 28A.630.762, 28A.630.765, 28A.630.768, 28A.630.771, 28A.630.774, 28A.630.777, 28A.630.780, 28A.630.783, 28A.630.786, 28A.630.789, 28A.630.800, 28A.175.070, 28A.210.005, 28A.215.300, 28A.215.310, 28A.215.320, 28A.215.330, 28A.234.010, 28A.175.020, 28A.175.030, 28A.175.040, 28A.175.050, 28A.240.010, 28A.240.020, 28A.240.030, 28A.300.110, 28A.300.180, 28A.300.200, 28A.415.110, 28A.415.115, 28A.415.220, 28A.600.425, 28A.600.430, 28A.600.435, 28A.600.440, 28A.600.445, 28A.600.450, 28A.615.060, 28A.625.300, 28A.630.070, 28A.630.075, 28A.630.300, 28A.630.320, 28A.630.330, 28A.630.390, 28A.415.120, 28A.205.060, 28A.225.180, 28A.225.320, 28A.300.210, 28A.335.310, 28A.340.050, 28A.170.100, 28A.175.080, 28A.180.050, 28A.180.070, 28A.415.050, 28A.400.150, 28A.405.070, and 28A.405.460; and providing expiration dates.
Referred to Committee on Education.
SB 5170 by Senators McAuliffe, Long, Fairley, Drew, Haugen, Bauer, Fraser, Pelz, Kohl, Oke and Gaspard
AN ACT Relating to sharing of juvenile records among schools and other agencies; amending RCW 13.50.050, 13.50.100, and 28A.225.330; reenacting and amending RCW 13.40.215; adding a new section to chapter 13.50 RCW; adding a new section to chapter 28A.320 RCW; and adding a new section to chapter 28A.300 RCW.
Referred to Committee on Education.
SB 5171 by Senators Haugen, Newhouse and Spanel (by request of Department of Fish and Wildlife)
AN ACT Relating to hunter safety; adding a new section to chapter 77.12 RCW; and creating a new section.
Referred to Committee on Natural Resources.
SB 5172 by Senators Snyder, Winsley, Haugen, Heavey, Bauer, Roach and Gaspard (by request of State Treasurer Grimm)
AN ACT Relating to performance audits of the state investment board; and adding a new chapter to Title 43 RCW.
Referred to Committee on Ways and Means.
SB 5173 by Senators Pelz and Newhouse (by request of Liquor Control Board)
AN ACT Relating to improvements to the licensing sections of the Washington state liquor act; and amending RCW 66.24.010, 66.24.025, 66.24.210, 66.24.290, 66.24.300, 66.24.320, 66.24.330, and 66.24.490.
Referred to Committee on Labor, Commerce and Trade.
SB 5174 by Senators Heavey, Newhouse, Bauer and Oke (by request of Liquor Control Board)
AN ACT Relating to mandatory server training; and adding new sections to chapter 66.28 RCW.
Referred to Committee on Labor, Commerce and Trade.
SB 5175 by Senators Pelz and Deccio (by request of Liquor Control Board)
AN ACT Relating to certain retail liquor licensees being licensed as manufacturers; and amending RCW 66.28.010.
Referred to Committee on Labor, Commerce and Trade.
SB 5176 by Senators Pelz and Deccio (by request of Liquor Control Board)
AN ACT Relating to improvements to the enforcement provisions of the Washington state liquor act; amending RCW 66.12.120; adding a new section to chapter 66.44 RCW; repealing 1990 c 125 s 3 (uncodified); and declaring an emergency.
Referred to Committee on Labor, Commerce and Trade.
SB 5177 by Senators Smith, Kohl, Long and Gaspard
AN ACT Relating to restitution agreements between crime victims and offenders; amending RCW 7.69.030, 9.92.060, 9.94A.030, 9.94A.110, 9.94A.127, 13.40.135, 13.40.150, 13.40.190, and 43.43.754; reenacting and amending RCW 9.94A.120 and 13.40.020; and creating a new section.
Referred to Committee on Law and Justice.
SB 5178 by Senators Fraser, Hale and Prentice
AN ACT Relating to securities investments; and adding new sections to chapter 21.20 RCW.
Referred to Committee on Financial Institutions and Housing.
SB 5179 by Senators Winsley and Loveland
AN ACT Relating to used mobile homes; and amending RCW 82.45.032.
Referred to Committee on Financial Institutions and Housing.
SB 5180 by Senators Sheldon and Winsley (by request of Secretary of State Munro)
AN ACT Relating to the order of candidates on ballots; amending RCW 29.30.025; and repealing RCW 29.30.040.
Referred to Committee on Government Operations.
SB 5181 by Senators Winsley, Haugen and Hale
AN ACT Relating to the use of charge cards by municipal corporations and political subdivisions; and amending RCW 42.24.115.
Referred to Committee on Government Operations.
SB 5182 by Senators Haugen, Winsley, Hale, Deccio and Palmer
AN ACT Relating to county fiscal biennium budgets; and adding new sections to chapter 36.40 RCW.
Referred to Committee on Government Operations.
SB 5183 by Senators Hale, Haugen, Winsley and Deccio
AN ACT Relating to county auditors; amending RCW 36.22.010, 36.22.020, 36.22.060, 36.27.020, 36.32.210, 36.32.215, 36.33.010, 36.40.040, 36.80.040, 42.24.115, and 42.24.150; and repealing RCW 36.32.213 and 36.80.060.
Referred to Committee on Government Operations.
SB 5184 by Senators Roach, Smith, Winsley, Hale, Long, Deccio, Rasmussen and Oke
AN ACT Relating to aggravated first degree murder; amending RCW 10.95.020; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5185 by Senators Roach, Smith, Hale, Rasmussen and Palmer
AN ACT Relating to failure to appear at a court proceeding; and adding a new section to chapter 10.01 RCW.
Referred to Committee on Law and Justice.
SB 5186 by Senators Roach, Smith and Rasmussen
AN ACT Relating to terms of confinement of juvenile offenders who reach eighteen years of age; and reenacting and amending RCW 13.40.280.
Referred to Committee on Human Services and Corrections.
SB 5187 by Senators Roach, Smith, Rasmussen, Deccio, Heavey, Haugen and Oke
AN ACT Relating to increasing penalties for armed crimes; amending RCW 9.94A.310, 9.94A.150, 9A.36.045, 9A.52.020, 9A.56.300, 9A.56.030, 9A.56.040, 9A.56.150, 9A.56.160, 9.41.040, and 10.95.020; reenacting and amending RCW 9.94A.320; adding new sections to chapter 9.94A RCW; adding a new section to chapter 9A.56 RCW; creating new sections; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5188 by Senators Roach, Smith and Long
AN ACT Relating to juvenile disposition standards; and amending RCW 13.40.025, 13.40.027, and 13.40.030.
Referred to Committee on Law and Justice.
SB 5189 by Senators Roach, Smith, Rasmussen, Deccio and Haugen
AN ACT Relating to capability of children to commit crimes; and amending RCW 9A.04.050, 13.34.070, 13.40.050, and 13.40.100.
Referred to Committee on Law and Justice.
SB 5190 by Senators Roach, Pelz, Smith and Heavey
AN ACT Relating to tattooing of minors; adding a new section to chapter 26.28 RCW; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5191 by Senators Smith, Roach, Haugen, McCaslin, Schow, Long, Rasmussen, Deccio, Hale and Palmer
AN ACT Relating to crimes committed by juveniles; amending RCW 13.04.030, 13.40.040, 13.40.050, 13.40.130, 28A.225.020, 28A.225.030, 28A.225.150, 74.13.032, 13.32A.030, 13.32A.130, 70.96A.140, 71.34.030, 71.34.050, 71.34.070, 13.40.320, 13.40.185, 13.40.160, 13.40.210, 13.40.025, 13.40.027, 13.40.030, 9A.04.050, 13.40.060, and 13.40.0357; reenacting and amending RCW 13.40.020; adding a new section to chapter 28A.225 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5192 by Senators Sheldon, Winsley, Haugen, Snyder, Long, McAuliffe, Gaspard and Drew (by request of Governor Lowry)
AN ACT Relating to the rule-making process; amending RCW 34.05.310, 34.05.313, 34.05.325, 34.05.330, 34.04.375, and 19.85.030; adding new sections to chapter 34.05 RCW; adding a new section to chapter 19.85 RCW; and repealing RCW 34.05.355.
Referred to Committee on Government Operations.
SB 5193 by Senators Sheldon, Winsley, Haugen, Franklin, Long, Snyder, Gaspard, McAuliffe and Drew (by request of Governor Lowry)
AN ACT Relating to voluntary compliance with agency rules consistent with the recommendations of the governor's task force on regulatory reform; amending RCW 18.104.155, 49.17.180, 70.94.431, 70.105.080, 70.132.050, 70.138.040, 86.16.081, 90.03.600, 90.48.144, 90.58.210, 90.58.560, and 90.76.080; adding a new chapter to Title 43 RCW; and creating new sections.
Referred to Committee on Government Operations.
SB 5194 by Senators Fraser, Winsley, Kohl, Sheldon, Snyder, Franklin, Gaspard, Heavey, C. Anderson and Haugen (by request of Governor Lowry)
AN ACT Relating to the reauthorization of the Puget Sound water quality authority; amending RCW 90.70.011, 90.70.025, 90.70.055, and 90.70.065; repealing RCW 90.70.035, 90.70.045, 90.70.902, 43.131.369, and 43.131.370; providing an effective date; and declaring an emergency.
Referred to Committee on Ecology and Parks.
SB 5195 by Senators Quigley, Winsley, Sheldon, Haugen and Wojahn (by request of Governor Lowry)
AN ACT Relating to public assistance recipient job training programs and employer business and occupation and utility tax credit incentives; adding a new chapter to Title 82 RCW; adding a new chapter to Title 74 RCW; creating new sections; providing an effective date; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5196 by Senators Bauer, Owen, Winsley and McAuliffe (by request of Governor Lowry)
AN ACT Relating to a business and occupation or public utility tax credit for persons making contributions to public institutions of higher education in this state; adding a new chapter to Title 82 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Higher Education.
SB 5197 by Senators Quigley, Winsley, Gaspard, Sheldon, Snyder and Haugen (by request of Governor Lowry)
AN ACT Relating to job opportunities and basic skills training program participation criteria; and amending RCW 74.25.020.
Referred to Committee on Health and Long-Term Care.
SB 5198 by Senators Wojahn, Kohl, Quigley, Snyder, Franklin and Haugen (by request of Governor Lowry)
AN ACT Relating to the suspension of driver's licenses for failure to pay child support; adding a new section to chapter 74.20A RCW; and adding new sections to chapter 46.20 RCW.
Referred to Committee on Health and Long-Term Care.
SB 5199 by Senators Quigley, Winsley, Haugen, Snyder, Sheldon, McAuliffe, Franklin and Drew (by request of Governor Lowry)
AN ACT Relating to the elimination and consolidation of boards and commissions; amending RCW 13.40.025, 9.94A.040, 18.16.020, 18.39.010, 18.39.173, 18.39.175, 18.39.217, 18.39.800, 18.130.095, 68.05.020, 68.05.095, 68.05.105, 68.05.175, 68.05.195, 68.05.205, 68.05.285, 68.24.090, 68.40.040, 68.44.115, 68.46.010, 68.46.090, 68.46.110, 68.46.130, 68.50.230, 68.60.030, 68.60.050, 68.60.060, 18.44.010, 18.44.240, 18.44.360, 18.44.380, 18.145.030, 18.145.050, 18.145.070, 18.145.080, 19.16.100, 19.16.360, 19.16.380, 19.16.420, 28B.10.804, 28B.80.575, 38.54.030, 38.52.040, 43.19.190, 43.19.1905, 43.19.19052, 43.19.1906, 43.19.1937, 43.19A.020, 43.21B.005, 75.20.103, 75.20.160, 43.20A.750, 43.70.010, 43.70.070, 70.170.020, 43.150.030, 46.61.380, 81.104.090, 47.26.121, 47.66.030, 47.26.140, 47.66.040, 47.26.160, 70.95D.010, 70.95D.060, 70.95B.020, 70.95B.040, 70.95B.100, 70.119.020, 70.119.050, 70.119.110, 75.44.140, and 90.70.065; reenacting and amending RCW 38.52.030, 82.44.180, and 75.30.050; adding a new section to chapter 9.94A RCW; adding a new section to chapter 18.44 RCW; adding a new section to chapter 43.63A RCW; adding a new section to chapter 70.95D RCW; adding a new section to chapter 70.95B RCW; adding a new section to chapter 70.119 RCW; creating new sections; repealing RCW 1.30.010, 1.30.020, 1.30.030, 1.30.040, 1.30.050, 1.30.060, 2.52.010, 2.52.020, 2.52.030, 2.52.035, 2.52.040, 2.52.050, 18.16.050, 68.05.040, 68.05.050, 68.05.060, 68.05.080, 68.05.100, 18.44.208, 18.44.215, 18.145.060, 19.16.280, 19.16.290, 19.16.300, 19.16.310, 19.16.320, 19.16.330, 19.16.340, 19.16.351, 27.34.300, 27.60.010, 27.60.020, 27.60.030, 27.60.040, 27.60.050, 27.60.070, 27.60.090, 27.60.900, 28B.80.550, 28B.80.555, 39.19.040, 43.19.1904, 43.20A.730, 75.20.130, 75.20.140, 43.31.631, 43.52.373, 70.170.030, 70.170.040, 43.150.060, 43.17.260, 43.17.270, 43.17.280, 43.17.290, 43.17.300, 47.66.020, 47.66.050, 47.66.060, 48.22.071, 48.22.072, 70.95D.050, 70.95B.070, 70.119.080, 81.62.010, 81.62.020, 81.62.030, 81.62.040, 81.62.050, 81.62.060, 81.62.900, 81.62.901, and 90.56.450; repealing 1994 c 232 s 27 (uncodified); repealing 1991 c 53 s 1 and 1987 c 480 s 6 (uncodified); providing effective dates; and declaring an emergency.
Referred to Committee on Government Operations.
SB 5200 by Senators Haugen, Winsley, Spanel, Sheldon, West, Roach and Oke (by request of Governor Lowry)
AN ACT Relating to use tax on aircraft training equipment transferred to Washington state as a result of base closure; adding a new section to chapter 82.12 RCW; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5201 by Senators Bauer, Cantu, McAuliffe, Haugen, Winsley, Snyder, Loveland, Sheldon, Fairley, West, Long, Palmer, Schow, Moyer, Sellar, Rasmussen, Deccio, Heavey, Quigley, C. Anderson, Oke, Roach and Hale (by request of Governor Lowry)
AN ACT Relating to sales and use tax on manufacturing machinery and equipment, pollution control equipment, and high technology research and development; amending RCW 82.04.190, 82.60.070, 82.61.010, and 82.63.010; reenacting and amending RCW 82.60.020; adding new sections to chapter 82.08 RCW; adding new sections to chapter 82.12 RCW; adding a new section to chapter 82.63 RCW; creating new sections; repealing RCW 82.61.020, 82.61.030, 82.61.040, 82.63.040, and 82.63.050; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
MOTIONS
On motion of Senator Spanel, the Committee on Law and Justice was relieved of further consideration of Senate Bill No. 5065.
On motion of Senator Spanel, Senate Bill No. 5065 was referred to the Committee on Human Services and Corrections.
MOTIONS
On motion of Senator Spanel, the Committee on Government Operations was relieved of further consideration of Gubernatorial Appointment No. 9036, Sam Kinville, as a member of the Public Employment Relations Commission.
On motion of Senator Spanel, Gubernatorial Appointment No. 9036, Sam Kinville, as a member of the Public Employment Relations Commission, was referred to the Committee on Labor, Commerce and Trade.
MOTION
On motion of Senator McDonald, the following resolution was adopted:
SENATE RESOLUTION 1995-8603
By Senator McDonald, Roach, Heavey, Rasmussen, Gaspard, C. Anderson and Fraser
WHEREAS, The state of Washington and its residents have welcomed and assisted newly arrived refugees from all parts of the world, including Asia, Africa, Europe, and the Middle East; and
WHEREAS, Many individuals and organizations have given extensively of their time, talents, and resources to assist refugees in becoming contributing members of our state; and
WHEREAS, The refugees have brought with them new ideas and ideals, new aspirations and ambitions, and new achievements and accomplishments that have added to the strength and diversity of our American society; and
WHEREAS, Many refugees have contributed to our state's economic growth, diversified our political life, enriched our culture, and stimulated progress in all facets of our society; and
WHEREAS, The year of 1995 marks the 20th anniversary of the Southeast Asian refugee resettlement effort in Washington State, and the Vietnamese American refugee community in King County has organized a celebration on January 14, 1995, to commemorate that event;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate acknowledges the many contributions the refugees have made to our state and urges all citizens to join with us in honoring them.
MOTION
At 10:18 a.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m. Monday, January 16, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate