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TWENTY-FIFTH DAY
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NOON SESSION
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Senate Chamber, Olympia, Thursday, February 2, 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
February 1, 1995
INITIATIVE 159 Prime Sponsor, Citizens of Washington: Increasing penalties for armed crimes. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass and the bill be referred to Committee on Ways and Means. Signed by Senators Smith, Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Quigley, Roach and Schow.
Referred to Committee on Ways and Means.
February 1, 1995
SB 5002 Prime Sponsor, Senator Smith: Making the assault of a nurse a felony. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5002 be substituted therefor, and the substitute bill do pass. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Long, McCaslin, Quigley and Roach.
Passed to Committee on Rules for second reading.
February 1, 1995
SB 5039 Prime Sponsor, Senator Fairley: Clarifying the elements of the crime of luring. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Quigley, Roach and Schow.
Passed to Committee on Rules for second reading.
January 31, 1995
SB 5067 Prime Sponsor, Senator Snyder: Simplifying distribution and pricing of state legal publications. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5067 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 31, 1995
SB 5127 Prime Sponsor, Senator West: Changing provisions regarding public facilities districts. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5127 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.
February 1, 1995
SB 5139 Prime Sponsor, Senator Kohl: Authorizing law enforcement officers to impound the vehicles of persons who are patronizing prostitutes. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5139 be substituted therefor, and the substitute bill do pass. Signed by Senators Smith, Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Quigley, Roach and Schow.
Passed to Committee on Rules for second reading.
February 1, 1995
SB 5140 Prime Sponsor, Senator Kohl: Authorizing municipalities to declare certain public places drug-free zones. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5140 be substituted therefor, and the substitute bill do pass. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Quigley, Roach and Schow.
Passed to Committee on Rules for second reading.
February 1, 1995
SB 5167 Prime Sponsor, Senator Smith: Allowing service of process on a marital community by serving either spouse. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5167 be substituted therefor, and the substitute bill do pass. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Quigley, Roach and Schow.
Passed to Committee on Rules for second reading.
February 1, 1995
SB 5177 Prime Sponsor, Senator Smith: Providing for restitution agreements between crime victims and offenders. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5177 be substituted therefor, and the substitute bill do pass. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Quigley, Roach and Schow.
Passed to Committee on Rules for second reading.
February 1, 1995
SB 5214 Prime Sponsor, Senator Smith: Making admissible childrens' statements concerning acts of physical abuse. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5214 be substituted therefor, and the substitute bill do pass. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Quigley, Roach and Schow.
Passed to Committee on Rules for second reading.
January 31, 1995
SB 5216 Prime Sponsor, Senator Fraser: Creating the parks renewal and stewardship account. Reported by Committee on Ecology and Parks
MAJORITY Recommendation: That Substitute Senate Bill No. 5216 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, Spanel and Swecker.
Referred to Committee on Ways and Means.
January 31, 1995
SB 5218 Prime Sponsor, Senator C. Anderson: Changing watercraft excise tax provisions. Reported by Committee on Ecology and Parks
MAJORITY Recommendation: Do pass as amended and be referred to Committee on Ways and Means. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, McDonald, Spanel and Swecker.
Referred to Committee on Ways and Means.
January 31, 1995
SB 5222 Prime Sponsor, Senator Owen: Regulating length of log trucks. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 5222 be substituted therefor, and the substitute bill do pass. Signed by Senators Owen, Chair; Heavey, Vice Chair; Haugen, Kohl, Morton, Oke, Prentice, Prince, Rasmussen, Schow, Sellar and Wood.
Passed to Committee on Rules for second reading.
February 1, 1995
SB 5239 Prime Sponsor, Senator Oke: Requiring any person convicted of communication with a minor to register as a sex offender. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Quigley, Roach and Schow.
Passed to Committee on Rules for second reading.
January 31, 1995
SB 5243 Prime Sponsor, Senator Oke: Revising provision authorizing a special permit for miniature boilers. Reported by Committee on Labor, Commerce and Trade
MAJORITY Recommendation: Do pass as amended. Signed by Senators Pelz, Chair; Heavey, Vice Chair; Deccio, Franklin, Fraser, Hale, Newhouse, Palmer and Wojahn.
Passed to Committee on Rules for second reading.
January 31, 1995
SB 5291 Prime Sponsor, Senator Sheldon: Removing the requirement that a schedule of port rates and charges be filed with the utilities and transportation commission. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Owen, Chair; Heavey, Vice Chair; Haugen, Kohl, Morton, Oke, Prentice, Prince, Rasmussen, Schow, Sellar and Wood.
Passed to Committee on Rules for second reading.
February 1, 1995
SB 5322 Prime Sponsor, Senator Gaspard: Providing a death benefit award. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 5322 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Finkbeiner, Fraser, Hargrove, Johnson, Long, McDonald, Moyer, Roach, Sheldon, Snyder, Strannigan, Sutherland and Winsley.
Passed to Committee on Rules for second reading.
February 1, 1995
SB 5333 Prime Sponsor, Senator Smith: Revising regulations for the investment of trust funds. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5333 be substituted therefor, and the substitute bill do pass. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Quigley, Roach and Schow.
Passed to Committee on Rules for second reading.
February 1, 1995
SB 5334 Prime Sponsor, Senator Smith: Amending the corporations act. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5334 be substituted therefor, and the substitute bill do pass. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Quigley, Roach and Schow.
Passed to Committee on Rules for second reading.
January 31, 1995
SB 5352 Prime Sponsor, Senator Sheldon: Exempting federal small business innovation research program distributions from business and occupation tax. Reported by Committee on Labor, Commerce and Trade
MAJORITY Recommendation: Do pass. Signed by Senators Pelz, Chair; Heavey, Vice Chair; Deccio, Franklin, Fraser, Hale, Newhouse and Palmer.
Referred to Committee on Ways and Means.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
January 31, 1995
GA 9007 CLYDE B. ANDERSON, appointed December 16, 1994, for a term ending December 31, 2000, as a member of the Parks and Recreation Commission.
Reported by Committee on Ecology and Parks
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, McDonald, Spanel and Swecker.
Passed to Committee on Rules.
February 1, 1995
GA 9008 DONALD H. BRAZIER, appointed June 8, 1994, for a term ending December 31, 1998, as a member of the Public Disclosure Commission.
Reported by Committee on Law and Justice
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, Quigley, Roach and Schow.
Passed to Committee on Rules.
January 31, 1995
GA 9053 ROBERT C. PETERSEN, reappointed December 16, 1994, for a term ending December 31, 2000, as a member of the Parks and Recreation Commission.
Reported by Committee on Ecology and Parks
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, McDonald, Spanel and Swecker.
Passed to Committee on Rules.
January 31, 1995
GA 9075 JAMES A. TUPPER, JR., appointed July 1, 1994, for a term ending June 30, 2000, as a member of the Pollution Control/Shorelines Hearings Board.
Reported by Committee on Ecology and Parks
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, McDonald, Spanel and Swecker.
Passed to Committee on Rules.
February 1, 1995
GA 9102 JOCELYN H. MARCHISIO, appointed April 26, 1993, for a term ending December 31, 1996, as a member of the Public Disclosure Commission.
Reported by Committee on Law and Justice
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, Quigley, Roach and Schow.
Passed to Committee on Rules.
MESSAGE FROM STATE OFFICES
STATE OF WASHINGTON
DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Olympia, Washington 98504-0095
January 26, 1995
Marty Brown
Secretary of the Senate
Mailstop: 40482
Olympia, Washington 98504-0482
Dear Secretary Brown:
Enclosed is our Report to the Legislature, Status Report of the Telecommunications Access Service, as required by Chapter 89, Laws of 90 and RCW 43.20A.720.
If you have any questions regarding the report, please contact me.
Sincerely,
JEAN SOLIZ, Secretary
The Report from the Department of Social and Health Services is on file in the Office of the Secretary of the Senate.
MESSAGES FROM THE HOUSE
February 1, 1995
MR. PRESIDENT:
The Speaker has signed SENATE BILL NO. 5038, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 1, 1995
MR. PRESIDENT:
The House has adopted ENGROSSED SENATE CONCURRENT RESOLUTION NO. 8403, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SENATE CONCURRENT RESOLUTION NO. 8403.
INTRODUCTION AND FIRST READING
SB 5710 by Senators Bauer, Newhouse and Long (by request of Department of Retirement Systems)
AN ACT Relating to collection of state retirement system overpayments; and adding new sections to chapter 41.50 RCW.
Referred to Committee on Ways and Means.
SB 5711 by Senators Cantu and Bauer (by request of Department of Retirement Systems)
AN ACT Relating to complying with federal limits on the maximum compensation used to calculate state retirement system benefits; adding a new section to chapter 41.26 RCW; adding a new section to chapter 41.32 RCW; adding a new section to chapter 41.40 RCW; and adding a new section to chapter 43.43 RCW.
Referred to Committee on Ways and Means.
SB 5712 by Senators Long and Bauer (by request of Department of Retirement Systems)
AN ACT Relating to employer responsibility for retirement contributions; amending RCW 41.50.140; adding a new section to chapter 41.50 RCW; creating a new section; and providing an effective date.
Referred to Committee on Ways and Means.
SB 5713 by Senators Bauer, Newhouse and Winsley (by request of Department of Retirement Systems)
AN ACT Relating to payment of retirement system benefits upon death of a member or retiree; amending RCW 41.40.188, 41.40.220, 41.40.250, 41.40.270, 41.40.660, 41.40.670, 41.40.700, 41.32.520, 41.32.522, 41.32.523, 41.32.530, 41.32.550, 41.32.785, 41.32.790, 41.32.805, 41.26.460, 41.26.470, 41.26.510, 2.10.144, and 2.10.146; and reenacting and amending RCW 41.40.235.
Referred to Committee on Ways and Means.
SB 5714 by Senators Owen, Oke, Snyder, Morton, Rasmussen, Strannigan, Hargrove and Swecker
AN ACT Relating to the regulation of forest practices; amending RCW 76.09.010, 76.09.020, 76.09.050, 76.09.080, and 76.09.090; adding new sections to chapter 76.09 RCW; creating a new section; and declaring an emergency.
Referred to Committee on Natural Resources.
SB 5715 by Senators Drew, Johnson, Haugen, Sheldon, Swecker and Winsley (by request of Secretary of State Munro)
AN ACT Relating to candidate pamphlets for the state primary; amending RCW 29.15.020, 29.80.010, 29.80.020, 29.80.030, 29.80.040, and 29.80.080; adding a new section to chapter 29.80 RCW; and repealing RCW 29.80.050 and 29.80.060.
Referred to Committee on Government Operations.
SB 5716 by Senators A. Anderson, Schow, Oke and Johnson
AN ACT Relating to mandatory arbitration for educational employees; amending RCW 41.59.010 and 41.59.120; and adding new sections to chapter 41.59 RCW.
Referred to Committee on Labor, Commerce and Trade.
SB 5717 by Senators Pelz, Rinehart, Prentice, Fraser, Wojahn and Franklin
AN ACT Relating to clarifying sellers of travel registration requirements including the establishment of a registered sellers of travel recovery account; amending RCW 19.138.021, 19.138.030, 19.138.040, 19.138.050, 19.138.100, 19.138.110, 19.138.120, and 19.138.140; adding new sections to chapter 19.138 RCW; repealing RCW 19.138.055; and providing an effective date.
Referred to Committee on Labor, Commerce and Trade.
SB 5718 by Senators Drew and Haugen
AN ACT Relating to fund-raising on state property to benefit public fish and wildlife programs; and adding a new section to chapter 75.08 RCW.
Referred to Committee on Natural Resources.
SB 5719 by Senator West
AN ACT Relating to earned early release time; and amending RCW 9.94A.150, 9.95.070, and 72.09.130.
Referred to Committee on Human Services and Corrections.
SB 5720 by Senator West
AN ACT Relating to childhood immunizations; adding a new section to chapter 43.20 RCW; adding a new section to chapter 43.70 RCW; and creating new sections.
Referred to Committee on Health and Long-Term Care.
SB 5721 by Senator West
AN ACT Relating to exempting recreational vehicles from vehicle emissions testing; and amending RCW 70.120.010 and 70.120.190.
Referred to Committee on Ecology and Parks.
SB 5722 by Senator West
AN ACT Relating to avoiding the appearance of favoritism in the state's selection of service providers or underwriters; reenacting and amending RCW 42.17.2401; adding a new section to chapter 43.08 RCW; adding a new section to chapter 43.33 RCW; adding a new section to chapter 43.33A RCW; adding a new section to chapter 39.44 RCW; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Government Operations.
SB 5723 by Senators Smith and Roach
AN ACT Relating to criminal possession of leased or rented machinery, equipment, or motor vehicles; amending RCW 9A.56.095; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5724 by Senators Quigley, Long and Haugen (by request of Washington State Library)
AN ACT Relating to state court reports; and amending RCW 2.32.160, 2.32.170, 40.04.100, and 40.04.110.
Referred to Committee on Law and Justice.
SB 5725 by Senators Smith, Roach and Schow
AN ACT Relating to privileged communications; and amending RCW 5.60.060.
Referred to Committee on Law and Justice.
SB 5726 by Senators Prentice and Bauer
AN ACT Relating to gambling taxes; and amending RCW 9.46.110.
Referred to Committee on Labor, Commerce and Trade.
SB 5727 by Senators Drew, Haugen, C. Anderson, Sheldon, Swecker, Winsley and Kohl (by request of Secretary of State Munro)
AN ACT Relating to accessibility of polling and registration places; amending RCW 29.57.010, 29.57.070, 29.57.090, 29.57.100, 29.57.130, 29.57.140, 29.57.150, and 29.57.160; and repealing RCW 29.57.030, 29.57.080, 29.57.110, and 29.57.120.
Referred to Committee on Government Operations.
SB 5728 by Senators Gaspard, McDonald, Wojahn, Rinehart, Rasmussen and Winsley
AN ACT Relating to business and occupation tax of international investment management companies; amending RCW 82.04.2201 and 82.04.290; adding a new section to chapter 82.04 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5729 by Senators Prentice, Sellar and Winsley (by request of Department of Community, Trade, and Economic Development)
AN ACT Relating to affordable housing eligibility criteria; and amending RCW 43.185A.010.
Referred to Committee on Financial Institutions and Housing.
SB 5730 by Senators Haugen, Fraser, Oke, Rasmussen, Loveland, Hargrove, Swecker, Spanel and Winsley
AN ACT Relating to removal of classification or designation of forest land for tax purposes; amending RCW 84.33.120 and 84.33.140; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5731 by Senators Haugen, McCaslin, Johnson, Rasmussen, Pelz, Winsley and Schow
AN ACT Relating to approval of mobile home and factory built housing modifications; and amending RCW 43.22.360 and 43.22.455.
Referred to Committee on Labor, Commerce and Trade.
SB 5732 by Senators Fairley, Fraser, Kohl and Franklin
AN ACT Relating to incineration of medical waste; and amending RCW 70.95.710.
Referred to Committee on Ecology and Parks.
SB 5733 by Senators Bauer, McCaslin, Snyder, Rasmussen, Winsley and Palmer
AN ACT Relating to comprehensive plan rural elements; and amending RCW 36.70A.070.
Referred to Committee on Government Operations.
SB 5734 by Senators Cantu, Oke, Wood, Johnson, Swecker, Schow, Hale, McDonald, Hochstatter, Morton, Roach, Winsley, A. Anderson and Long
AN ACT Relating to school site-councils; and amending RCW 42.30.020.
Referred to Committee on Education.
SJM 8013 by Senators McAuliffe, Bauer, Wood, Drew, Sheldon and Kohl
Requesting that the Governor hold a monthly meeting for the discussion of issues concerning K-12 and higher education cooperation and coordination.
Referred to Committee on Education.
MOTION
At 12:04 p.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m., Friday, February 3, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate