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EIGHTEENTH DAY
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NOON SESSION
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Senate Chamber, Olympia, Thursday, January 26, 1995
The Senate was called to order at 12:00 noon by President Pritchard. No roll call was taken.
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 24, 1995
SB 5011 Prime Sponsor, Senator Owen: Concerning specialized forest product permits. Reported by Committee on Natural Resources
MAJORITY Recommendation: Do pass as amended. Signed by Senators Drew, Chair; Spanel, Vice Chair; A. Anderson, Hargrove, Haugen, Morton, Oke, Owen, Strannigan and Swecker.
Passed to Committee on Rules for second reading.
January 25, 1995
SB 5029 Prime Sponsor, Senator Hargrove: Modifying membership and duties of children's services advisory committee. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Long, Moyer, Palmer, Prentice and Schow.
Passed to Committee on Rules for second reading.
January 25, 1995
SB 5030 Prime Sponsor, Senator Hargrove: Revising procedures for offenders who violate conditions or requirements of sentences. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Long, Moyer, Palmer, Prentice, Schow and Strannigan.
Passed to Committee on Rules for second reading.
January 25, 1995
SB 5032 Prime Sponsor, Senator Hargrove: Modifying adoption support provisions. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Long, Moyer, Palmer, Prentice, Schow and Strannigan.
Passed to Committee on Rules for second reading.
January 24, 1995
SB 5044 Prime Sponsor, Senator Haugen: Allowing cities and towns in which citizens have the power of initiative to impose reasonable requirements to assure the validity of signatures on the initiative petition. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5044 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, Heavey, McCaslin and Winsley.
Passed to Committee on Rules for second reading.
January 24, 1995
SB 5052 Prime Sponsor, Senator Winsley: Deleting obsolete provisions relating to the printing and duplicating center. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, Heavey, McCaslin and Winsley.
Passed to Committee on Rules for second reading.
January 24, 1995
SB 5054 Prime Sponsor, Senator Winsley: Repealing a travel expenses accounting procedure. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, McCaslin and Winsley.
Passed to Committee on Rules for second reading.
January 24, 1995
SB 5055 Prime Sponsor, Senator Winsley: Revising requirements for filing of instruments. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, Heavey, McCaslin and Winsley.
Passed to Committee on Rules for second reading.
January 24, 1995
SB 5060 Prime Sponsor, Senator Haugen: Regulating publication of legal notices by political subdivisions. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, McCaslin and Winsley.
Passed to Committee on Rules for second reading.
January 24, 1995
SB 5076 Prime Sponsor, Senator Oke: Developing wildlife habitat corridors. Reported by Committee on Natural Resources
MAJORITY Recommendation: That Substitute Senate Bill No. 5076 be substituted therefor, and the substitute bill do pass. Signed by Senators Drew, Chair; Spanel, Vice Chair; Hargrove, Haugen, Morton, Oke, Owen, Strannigan and Swecker.
Passed to Committee on Rules for second reading.
January 24, 1995
SB 5126 Prime Sponsor, Senator Drew: Authorizing retention of specified moneys recovered through forfeitures or court-ordered restitution. Reported by Committee on Natural Resources
MAJORITY Recommendation: That Substitute Senate Bill No. 5126 be substituted therefor, and the substitute bill do pass. Signed by Senators Drew, Chair; Spanel, Vice Chair; Hargrove, Haugen, Morton, Oke, Owen, Strannigan and Swecker.
Referred to Committee on Ways and Means.
January 24, 1995
SB 5169 Prime Sponsor, Senator McAuliffe: Implementing recommendations of the joint select committee on education restructuring. Reported by Committee on Education
MAJORITY Recommendation: That Substitute Senate Bill No. 5169 be substituted therefor, and the substitute bill do pass. Signed by Senators McAuliffe, Chair; Pelz, Vice Chair; Gaspard and Rasmussen.
MINORITY Recommendation: Do not pass substitute. Signed by Senators Finkbeiner, Hochstatter and Johnson.
COMMENTS: The minority supports the bill as reported by the bi-partisan Joint Select Committee on Education Restructuring. The minority believes the bill was tainted by the amendment which deprives school districts of local control on two important issues.
Passed to Committee on Rules for second reading.
MESSAGE FROM THE SECRETARY OF STATE
The Honorable President of the Senate
Legislature of the State of Washington
Olympia, Washington 98504
Mr. President:
As required by Article II, Section 1, of the State Constitution and RCW 29.79.200, we herewith respectfully certify that we have completed the verification of the signatures on Initiative to the Legislature 159, a copy of which was preliminarily certified to you on January 9, 1995, and we have determined that the initiative contains the signatures of at least 181,667 legal voters of the state of Washington. Therefore, we hereby certify that Initiative to the Legislature 159 is qualified to appear on the state general election ballot unless approved by the Legislature during this session.
IN TESTIMONY WHEREOF, I have hereunto set my hand
(Seal) and affixed the Seal of the state of Washington,
this 23rd day of January, 1995.
RALPH MUNRO
Secretary of State
CERTIFICATION OF INITIATIVE TO THE LEGISLATURE 159
Pursuant to Article II, Section 1 of the Washington State Constitution, RCW 29.79.200, and WAC 434-79-010, the office of the Secretary of State has caused the signatures submitted in support of Initiative to the Legislature 159 to be examined in the following manner:
1) It was determined that 235,993 signatures were submitted by the sponsors of the initiative. A random sample of 17,089 signatures was taken from those submitted;
2) Each sampled signature was examined to determine if the signer was a registered voter of the state, if the signature was reasonably similar to the one appearing on the record of that voter, and if the same signature appeared more than once in the sample. We found 15,263 valid signatures, 1,772 signatures that were invalid due to non-registration or improper form, and 54 pairs of duplicated signatures in the sample;
3) We calculated an allowance for the chance error of sampling (64) by multiplying the square root of the number of invalid signatures by 1.5;
4) We estimated the upper limit of the number of signatures on the initiative petition which were invalid (25,355) by dividing the sum of the number of invalid signatures in the sample and allowance for the chance of error of sampling by the sampling ratio;
5) We determined the maximum allowable number of pairs of signatures on the petition (28,971) by subtracting the sum of the number of signatures required by Article II, section 1 of the Washington State Constitution (181,667) and the estimate of the upper limit of the number of invalid signatures on the petition from the number of signatures submitted;
6) We determined the expected number of pairs of signatures in the sample (151) by multiplying the square of the sampling ratio by the maximum allowable number of pairs of signatures on the initiative petition;
7) We determined the acceptable number of pairs of signatures in the sample (130) by subtracting 1.65 times the square root of the expected number of pairs of signatures in the sample; and
8) Since the number of pairs of signatures in the sample is less than the acceptable number of pairs of signatures in the sample, I hereby declare Initiative to the Legislature 159 to be sufficient.
IN WITNESS WHEREOF, I have hereunto set my hand
(Seal) and affixed the Seal of the state of Washington,
this 23rd day of January, 1995.
RALPH MUNRO
Secretary of State
MESSAGE FROM THE HOUSE
January 25, 1995
MR. PRESIDENT:
The House has passed HOUSE JOINT MEMORIAL NO. 4000, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
INITIATIVE 159 by People of the State of Washington
Increasing penalties for armed crimes.
Referred to Committee on Law and Justice.
SB 5528 by Senators West, Morton and Winsley
AN ACT Relating to property tax relief for residential property leased to disabled persons; amending RCW 84.36.383, 84.36.387, 84.36.389, and 84.36.383; adding a new section to chapter 84.36 RCW; and providing contingent effective dates.
Referred to Committee on Ways and Means.
SB 5529 by Senators McAuliffe, Rinehart, Moyer, McDonald, Wojahn and Winsley (by request of Office of Financial Management)
AN ACT Relating to school district levies; amending RCW 84.52.0531; reenacting and amending RCW 28A.500.010; amending 1993 c 465 s 2 (uncodified); and providing an expiration date.
Referred to Committee on Ways and Means.
SB 5530 by Senators Smith, Roach, Rasmussen and Winsley
AN ACT Relating to automated traffic enforcement; amending RCW 46.63.030 and 46.63.070; and adding a new section to chapter 46.04 RCW.
Referred to Committee on Law and Justice.
SB 5531 by Senators Hargrove, Oke and Swecker
AN ACT Relating to exchanging tidelands, shorelands, and beds of navigable waters; and amending RCW 79.94.150.
Referred to Committee on Natural Resources.
SB 5532 by Senator Hochstatter
AN ACT Relating to written marriage contracts; amending RCW 26.09.010 and 26.09.030; reenacting and amending RCW 26.09.020 and 26.09.150; and adding new sections to chapter 26.09 RCW.
Referred to Committee on Law and Justice.
SB 5533 by Senators Bauer, Wood and Kohl (by request of University of Washington and Washington State University)
AN ACT Relating to tuition for students in programs leading to the degree of doctor of pharmacy; reenacting and amending RCW 28B.15.202; making appropriations; providing an effective date; and declaring an emergency.
Referred to Committee on Higher Education.
SB 5534 by Senators Swecker, Rasmussen, A. Anderson, Schow, Palmer, McCaslin and West
AN ACT Relating to the growth management act; and amending RCW 36.70A.040, 36.70A.110, 36.70A.385, and 36.70A.430.
Referred to Committee on Government Operations.
SB 5535 by Senators C. Anderson and McDonald
AN ACT Relating to uplands around Lake Washington; and adding a new section to chapter 79.94 RCW.
Referred to Committee on Natural Resources.
SB 5536 by Senators Smith and Long
AN ACT Relating to homeowners' associations; and adding a new chapter to Title 64 RCW.
Referred to Committee on Law and Justice.
SB 5537 by Senators McAuliffe, Pelz, Rasmussen, Kohl and Wojahn (by request of Board of Education)
AN ACT Relating to teacher preparation; amending RCW 28A.410.030 and 28A.305.130; and repealing RCW 28A.305.230, 28A.305.240, 28A.305.245, 28A.305.250, 28A.410.020, 28A.415.290, and 28B.40.380.
Referred to Committee on Education.
SB 5538 by Senators McAuliffe, Pelz and Rasmussen (by request of Board of Education and Superintendent of Public Instruction Billings)
AN ACT Relating to the state board of education office staff; and amending RCW 28A.305.110.
Referred to Committee on Education.
SB 5539 by Senators McAuliffe, Hochstatter and Rasmussen (by request of Board of Education and Superintendent of Public Instruction Billings)
AN ACT Relating to educational waivers; and adding a new section to chapter 28A.630 RCW.
Referred to Committee on Education.
SB 5540 by Senators Smith, Roach, C. Anderson, Schow, Franklin, Kohl and Winsley
AN ACT Relating to drug-free zones in public housing projects; amending RCW 69.50.435; and creating a new section.
Referred to Committee on Law and Justice.
SB 5541 by Senator Pelz
AN ACT Relating to first cousin marriages; and amending RCW 26.04.020.
Referred to Committee on Law and Justice.
SB 5542 by Senator Smith
AN ACT Relating to payment for additional judicial positions; adding a new section to chapter 2.08 RCW; adding a new section to chapter 3.34 RCW; and declaring an emergency.
Referred to Committee on Law and Justice.
SB 5543 by Senator Smith
AN ACT Relating to including homicide of a parent by a battered child as manslaughter; amending RCW 9A.32.060; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5544 by Senators Owen, Rinehart, Spanel, Haugen, C. Anderson and Fraser
AN ACT Relating to ocean resources; and amending RCW 43.143.010.
Referred to Committee on Natural Resources.
SB 5545 by Senators Sheldon, Cantu, Rasmussen and Kohl
AN ACT Relating to economic development; adding a new section to chapter 43.330 RCW; and creating a new section.
Referred to Committee on Labor, Commerce and Trade.
SB 5546 by Senator Snyder
AN ACT Relating to affidavits required for marriage licenses; and amending RCW 26.04.210.
Referred to Committee on Law and Justice.
SB 5547 by Senators Fairley, Long, Hargrove, Palmer, Moyer, Schow, McAuliffe, Prentice, Kohl and Winsley
AN ACT Relating to animals at large; amending RCW 16.24.110 and 16.24.130; and declaring an emergency.
Referred to Committee on Agriculture and Agricultural Trade and Development.
SB 5548 by Senators Fraser, Heavey, Hale, Newhouse, Deccio and Haugen
AN ACT Relating to engineers and professional land surveyors; amending RCW 18.43.020, 18.43.040, 18.43.050, and 18.43.070; and providing an effective date.
Referred to Committee on Labor, Commerce and Trade.
SB 5549 by Senators Kohl, C. Anderson, Fairley, Prentice, Wojahn, Sheldon and Pelz
AN ACT Relating to access to firearms by minors; adding new sections to chapter 9.41 RCW; creating a new section; prescribing penalties; and providing an effective date.
Referred to Committee on Law and Justice.
SB 5550 by Senators Snyder and Palmer
AN ACT Relating to standards for solid waste handling; and amending RCW 70.95.060.
Referred to Committee on Ecology and Parks.
SB 5551 by Senators Sellar and Snyder
AN ACT Relating to the excise taxation of lodging; and adding a new section to chapter 67.28 RCW.
Referred to Committee on Ways and Means.
SB 5552 by Senators Sellar and Long
AN ACT Relating to excluding utility line clearing from the definition of retail sale; amending RCW 82.04.050; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5553 by Senator Sellar
AN ACT Relating to correcting the number of district court judges in Douglas county; and amending RCW 3.34.010.
Referred to Committee on Law and Justice.
SB 5554 by Senators Gaspard, Deccio, Pelz, Palmer, Wojahn, Hale, McAuliffe and Schow
AN ACT Relating to real estate brokerage relationships; adding a new chapter to Title 18 RCW; and providing an effective date.
Referred to Committee on Labor, Commerce and Trade.
SB 5555 by Senators C. Anderson, Long, Kohl, A. Anderson, Fairley, Sheldon, Prentice and Moyer
AN ACT Relating to taxation of massage services; amending RCW 82.04.050; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5556 by Senators C. Anderson, Long, Kohl, A. Anderson, Fairley, Sheldon, Prentice, Moyer and Haugen
AN ACT Relating to massage practitioners; amending RCW 18.108.040 and 18.108.085; and adding a new section to chapter 18.130 RCW.
Referred to Committee on Health and Long-Term Care.
SB 5557 by Senators Sutherland, Bauer, Wood, Palmer and Kohl
AN ACT Relating to assessment of prior experiential learning programs in higher education; adding a new chapter to Title 28B RCW; and declaring an emergency.
Referred to Committee on Higher Education.
SB 5558 by Senators Sutherland, Palmer, Bauer, Owen and Oke
AN ACT Relating to sturgeon gill net fishing; and adding a new section to chapter 75.12 RCW.
Referred to Committee on Natural Resources.
SB 5559 by Senators Roach, Hale, Deccio, Schow, Hochstatter, Johnson, Prince and West
AN ACT Relating to growth management; and amending RCW 36.70A.040.
Referred to Committee on Government Operations.
SB 5560 by Senators Roach, Hargrove, Hochstatter, Hale and Long
AN ACT Relating to game management; amending RCW 77.04.055; providing an effective date; and declaring an emergency.
Referred to Committee on Natural Resources.
SB 5561 by Senators Roach, Hochstatter, Schow, Johnson, Finkbeiner, Morton, Oke and McDonald
AN ACT Relating to firearm range training and practice facilities; adding a new section to chapter 9.41 RCW; and creating a new section.
Referred to Committee on Government Operations.
SB 5562 by Senators Roach, Gaspard, Kohl, Heavey, Schow, Hargrove, Oke, Snyder, Owen, Deccio, Strannigan, Finkbeiner, Rasmussen, Moyer, Franklin, Johnson, Morton, Wood, Swecker, Long, Winsley, Cantu, Palmer, McDonald, A. Anderson, Sellar and Bauer
AN ACT Relating to veterans' memorials; adding new sections to chapter 73.40 RCW; and creating a new section.
Referred to Committee on Government Operations.
SB 5563 by Senators West, Pelz and McCaslin
AN ACT Relating to class H liquor licenses issued to hotels operating conference or convention centers or having banquet facilities on property owned or through leasehold interest by the licensed hotel; and amending RCW 66.24.420.
Referred to Committee on Labor, Commerce and Trade.
SB 5564 by Senators Wood, Schow, Hargrove, Owen, Long, Roach, Palmer, Oke, Morton and Hochstatter
AN ACT Relating to enforcement of visitation provisions of parenting plans; amending RCW 26.09.260; adding a new chapter to Title 26 RCW; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5565 by Senators Hargrove, Owen, Long, Schow, Palmer, Oke, Morton, Johnson, Roach, Hochstatter, A. Anderson, Prince and McDonald
AN ACT Relating to prohibiting mandatory child support for postsecondary education of adult children; amending RCW 26.09.170, 26.09.225, 26.18.210, 26.19.035, and 26.19.075; adding a new section to chapter 26.09 RCW; creating a new section; and repealing RCW 26.19.090.
Referred to Committee on Law and Justice.
SB 5566 by Senators Owen, Hargrove, Schow, Oke, Morton and Hochstatter
AN ACT Relating to child support; amending RCW 26.19.001, 26.19.071, 26.19.075, and 26.09.100; reenacting and amending RCW 7.06.020; and adding a new section to chapter 26.19 RCW.
Referred to Committee on Law and Justice.
SB 5567 by Senator Heavey
AN ACT Relating to providing for the preservation of single-family residential neighborhoods; and amending RCW 36.70A.070.
Referred to Committee on Government Operations.
SB 5568 by Senator Heavey
AN ACT Relating to studded tires; amending RCW 46.37.420; adding a new section to chapter 46.37 RCW; and providing an effective date.
Referred to Committee on Transportation.
SB 5569 by Senators Fraser, Newhouse, Franklin, Swecker, C. Anderson and Sheldon
AN ACT Relating to international development and capital projects; adding new sections to chapter 43.330 RCW; adding new sections to chapter 43.131 RCW; and making an appropriation.
Referred to Committee on Labor, Commerce and Trade.
SB 5570 by Senators Fraser, Moyer, C. Anderson and Kohl
AN ACT Relating to local regulation of firearms in parks and indoor recreational facilities; and amending RCW 9.41.300.
Referred to Committee on Law and Justice.
SB 5571 by Senators Hochstatter, Owen, McCaslin, Schow, Deccio, Moyer, Oke, Swecker, Strannigan, Hale, Johnson, Long, Wood, Morton, West, Palmer, McDonald and Roach
AN ACT Relating to conflicting rules; and amending RCW 34.05.413, 34.05.425, and 34.05.461.
Referred to Committee on Government Operations.
SB 5572 by Senators Hochstatter and Schow
AN ACT Relating to tax reimbursements for education; adding a new chapter to Title 84 RCW; adding a new chapter to Title 82 RCW; prescribing penalties; creating a new section; and declaring an emergency.
Referred to Committee on Education.
SB 5573 by Senators Hochstatter, Moyer and Wood
AN ACT Relating to job placement for recipients of aid to families with dependent children; amending RCW 74.25.010 and 74.25.020; adding a new section to chapter 74.12 RCW; adding new sections to chapter 74.25 RCW; creating a new section; providing an effective date; providing a contingent expiration date; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5574 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
AN ACT Relating to the return of state forest board transfer lands back to counties; amending RCW 76.12.030; and adding a new section to chapter 76.12 RCW.
Referred to Committee on Natural Resources.
SB 5575 by Senators Sheldon, Gaspard, Moyer, Wood, Finkbeiner and Winsley (by request of Governor Lowry)
AN ACT Relating to anatomical gift by persons under the age of eighteen; and amending RCW 68.50.540.
Referred to Committee on Health and Long-Term Care.
SB 5576 by Senator Drew (by request of Governor Lowry)
AN ACT Relating to fair campaign practices; amending RCW 42.17.020, 42.17.130, 42.17.190, 42.17.240, 42.17.241, 42.17.350, 42.17.405, 42.17.410, 42.17.660, 42.17.720, 42.17.740, 42.17.750, 42.17.770, 42.17.780, 42.17.790, 42.17.100, 42.17.125, 42.17.510, 42.17.090, 42.17.105, 42.17.640, 42.17.128, 42.17.510, 29.85.060, 43.290.020, 42.17.710, 42.17.395, 42.17.095, 42.17.160, 42.17.170, 42.17.132, 43.07.310, 29.80.010, 29.80.020, 29.81.010, 29.80.040, and 29.80.090; adding new sections to chapter 42.17 RCW; creating new sections; and repealing RCW 42.17.021, 42.17.2415, and 42.17.630.
Referred to Committee on Law and Justice.
SJR 8211 by Senators West, Morton and Winsley
Amending the state Constitution to provide property tax relief for property leased to disabled persons as a residence.
Referred to Committee on Ways and Means.
INTRODUCTION AND FIRST READING OF HOUSE BILL
HJM 4000 by Representatives Reams, Dyer, Talcott, L. Thomas, Schoesler, Brumsickle, Carlson, Casada, Chandler, B. Thomas, Cooke, Van Luven, Sehlin, Horn, Foreman, Cairnes, Buck, D. Schmidt, Scott, Skinner, Johnson, Thompson, Goldsmith, Backlund, Conway, Chappell, Basich, Smith, Honeyford, Hankins, Mulliken, McMorris, Fuhrman, Campbell, Sheldon, Huff, Silver, McMahan and Stevens
Asking Congress to propose a constitutional amendment to prohibit the physical desecration of the flag.
Referred to Committee on Law and Justice.
MOTION
At 12:07 p.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m., Friday, January 27, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate