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TWENTY-SIXTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, February 3, 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 Cal Anderson, Deccio, Johnson, McCaslin and Owen. On motion of Senator Ann Anderson, Senators Deccio, Johnson and McCaslin were excused. On motion of Senator Loveland, Senators Cal Anderson and Owen were excused.
The Sergeant at Arms Color Guard, consisting of Pages Dana Deccio and Crystal Allard, presented the Colors. Reverend Jay Calhoun, pastor of the First Christian 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
February 1, 1995
SB 5024 Prime Sponsor, Senator Hargrove: Requiring offenders to assist in paying for certain health care services. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 5024 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Long, Moyer, Palmer, Prentice, Schow, Smith and Strannigan.
Referred to Committee on Ways and Means.
February 1, 1995
SB 5075 Prime Sponsor, Senator Owen: Appropriating funds for emergency construction of Crown Hill elementary school. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Long, Moyer, Roach, Sheldon, Strannigan, Sutherland and Winsley.
Passed to Committee on Rules for second reading.
February 1, 1995
SB 5088 Prime Sponsor, Senator Smith: Revising the law relating to sexual predators. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5088 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Quigley, Roach and Schow.
Referred to Committee on Ways and Means.
February 2, 1995
SB 5092 Prime Sponsor, Senator Haugen: Authorizing creation of library capital facility areas. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5092 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 2, 1995
SB 5094 Prime Sponsor, Senator Haugen: Transferring emergency management functions from the department of community, trade, and economic development to the military department. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5094 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 2, 1995
SB 5162 Prime Sponsor, Senator Bauer: Changing the Vietnam veterans' tuition exemption. Reported by Committee on Higher Education
MAJORITY Recommendation: That Substitute Senate Bill No. 5162 be substituted therefor, and the substitute bill do pass. Signed by Senators Bauer, Chair; Kohl, Vice Chair; A. Anderson, Prince, Sheldon, West and Wood.
Passed to Committee on Rules for second reading.
February 1, 1995
SB 5204 Prime Sponsor, Senator Hargrove: Revising provisions relating to work ethic camps. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Moyer, Palmer, Prentice, Schow, Smith and Strannigan.
Referred to Committee on Ways and Means.
February 2, 1995
SB 5325 Prime Sponsor, Senator Rinehart: Changing higher education fiscal provisions. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 5325 as recommended by Committee on Higher Education be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Drew, Finkbeiner, Fraser, Gaspard, Hargrove, Long, Moyer, Pelz, Sheldon, Snyder, Spanel, Sutherland, Winsley and Wojahn.
Passed to Committee on Rules for second reading.
January 31, 1995
SB 5396 Prime Sponsor, Senator Pelz: Providing for elevator inspections every two years. 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.
February 2, 1995
SJR 8200 Prime Sponsor, Senator Haugen: Amending the Constitution to provide an alternative method of framing a county charter. 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.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
February 1, 1995
GA 9009 DR. DEAN K. BROOKS, reappointed June 17, 1994, for a term ending December 5, 1997, as Chair of the State Hospital, Western Washington Advisory Board.
Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Long, Moyer, Palmer, Prentice, Schow, Smith and Strannigan.
Passed to Committee on Rules.
February 1, 1995
GA 9023 RUTH J. HAGEROTT, reappointed June 17, 1994, for a term ending December 5, 1997, as a member of the State Hospital, Western Washington Advisory Board.
Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Long, Moyer, Palmer, Prentice, Schow, Smith and Strannigan.
Passed to Committee on Rules.
February 1, 1995
GA 9032 DR. JESS JAMIESON, appointed June 23, 1994, for a term ending December 5, 1997, as a member of the State Hospital, Western Washington Advisory Board.
Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Long, Moyer, Palmer, Prentice, Schow, Smith and Strannigan.
Passed to Committee on Rules.
February 1, 1995
GA 9038 FRAN LEWIS, appointed June 17, 1994, for a term ending December 5, 1995, as a member of the State Hospital, Western Washington Advisory Board.
Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Long, Moyer, Palmer, Prentice, Schow, Smith and Strannigan.
Passed to Committee on Rules.
February 1, 1995
GA 9078 JANDA B. VOLKMER, appointed June 17, 1994, for a term ending December 5, 1997, as a member of the State Hospital, Western Washington Advisory Board.
Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Long, Moyer, Palmer, Prentice, Schow, Smith and Strannigan.
Passed to Committee on Rules.
February 1, 1995
GA 9085 CORNELL CEBRIAN, appointed June 1, 1993, for a term ending December 5, 1996, as a member of the State Hospital, Western Washington Advisory Board.
Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Long, Moyer, Palmer, Prentice, Schow, and Smith.
Passed to Committee on Rules.
February 1, 1995
GA 9090 ARLENE B. ENGLE, reappointed June 1, 1993, for a term ending December 5, 1996, as a member of the State Hospital, Western Washington Advisory Board.
Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Long, Moyer, Palmer, Prentice, Schow, Smith and Strannigan.
Passed to Committee on Rules.
MESSAGE FROM THE HOUSE
February 1, 1995
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1010, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
SB 5735 by Senators West, Winsley, McCaslin, Haugen, Deccio, Hochstatter, Palmer, Roach, Schow, Wood, Hale, Strannigan and Fraser
AN ACT Relating to the payment of fees to the county by credit card; and adding a new section to chapter 36.01 RCW.
Referred to Committee on Government Operations.
SB 5736 by Senators Bauer, Heavey, McCaslin, A. Anderson, Snyder, Hale, West, Quigley and Rasmussen
AN ACT Relating to public agency lobbyists; amending RCW 42.17.160 and 42.17.190; and reenacting and amending RCW 43.88.030.
Referred to Committee on Law and Justice.
SB 5737 by Senators Schow, Hargrove, Strannigan, Roach, Long, Palmer, Prentice, Kohl, Morton, A. Anderson, Deccio, Winsley, Hochstatter, McCaslin, Johnson, Fraser and Rasmussen
AN ACT Relating to injunctive relief; reenacting and amending RCW 9A.46.060; and adding a new section to chapter 7.40 RCW.
Referred to Committee on Law and Justice.
SB 5738 by Senators Johnson, A. Anderson, Cantu, Roach, Oke, Wood, Finkbeiner, Swecker, Hale, Deccio, Strannigan, McCaslin, Long, Palmer, West, Quigley and Schow
AN ACT Relating to a performance audit of the office of the superintendent of public instruction; adding a new section to chapter 43.88 RCW; making an appropriation; providing an expiration date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5739 by Senators Strannigan, Rinehart, Johnson, Quigley, Long, Owen, Cantu, Hale, Finkbeiner, McCaslin, Palmer, Hochstatter, McDonald, Spanel, Schow, Prentice, Moyer, Loveland, Swecker, West, Rasmussen, Smith, Drew, Haugen, Franklin, Fairley, A. Anderson, Wojahn, Heavey, McAuliffe, Kohl, Hargrove, Oke and Bauer
AN ACT Relating to sales by nonprofit organizations; and amending RCW 82.04.365.
Referred to Committee on Ways and Means.
SB 5740 by Senators Prentice, Deccio, Franklin, Winsley and Heavey
AN ACT Relating to preservation of medical records; and amending RCW 70.41.190.
Referred to Committee on Health and Long-Term Care.
SB 5741 by Senators Roach, Winsley, Rasmussen, Schow, Pelz, Long, Johnson and Quigley
AN ACT Relating to the regulation of permanent color technicians and tattoo artists; reenacting and amending RCW 18.130.040; adding a new chapter to Title 18 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Labor, Commerce and Trade.
SB 5742 by Senators Rasmussen, Hochstatter, McAuliffe and Loveland
AN ACT Relating to the recruitment, preparation, and continuing education of vocational agriculture teachers; adding a new section to chapter 28A.415 RCW; adding a new section to chapter 28A.300 RCW; and creating a new section.
Referred to Committee on Education.
SB 5743 by Senators Rasmussen, Hochstatter and Loveland
AN ACT Relating to an integrated curriculum of agriculture and history or language arts; creating new sections; and making an appropriation.
Referred to Committee on Education.
SB 5744 by Senators Wojahn, Moyer, C. Anderson, Heavey, Wood and Winsley
AN ACT Relating to taxation of hospitals; amending RCW 82.04.260; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5745 by Senators Heavey, Oke and Pelz
AN ACT Relating to prohibiting sales of cigarettes or other tobacco products treated to produce faster, nonself-extinguishing burns; amending RCW 70.155.010 and 70.155.040; and creating a new section.
Referred to Committee on Health and Long-Term Care.
SB 5746 by Senators Cantu and C. Anderson
AN ACT Relating to voting precinct boundaries; amending RCW 29.04.050; and adding a new section to chapter 29.04 RCW.
Referred to Committee on Government Operations.
SB 5747 by Senators Sheldon, Roach, Sellar and Fraser
AN ACT Relating to housing authorities; and amending RCW 35.82.070.
Referred to Committee on Financial Institutions and Housing.
SB 5748 by Senators Prentice, Fraser, Sellar, Rinehart, Prince, Smith, C. Anderson, Franklin, Kohl, Heavey, Pelz and Wojahn (by request of Human Rights Commission)
AN ACT Relating to expanding the state law against discrimination; amending RCW 49.60.010 and 49.60.260; reenacting and amending RCW 49.60.040, 49.60.222, 49.60.225, and 49.60.240; providing an effective date; and declaring an emergency.
Referred to Committee on Law and Justice.
SB 5749 by Senators Winsley, Haugen, McCaslin, Hale and Fraser
AN ACT Relating to authorizing the payment of property taxes by credit card; and adding a new section to chapter 84.56 RCW.
Referred to Committee on Government Operations.
SB 5750 by Senator Hochstatter
AN ACT Relating to AIDS education; amending RCW 28A.230.070, 28B.10.730, 28B.50.205, and 28C.04.600; and repealing RCW 70.24.240 and 70.24.250.
Referred to Committee on Education.
SB 5751 by Senators Newhouse, Smith, Deccio, Owen and Winsley
AN ACT Relating to alcoholic beverages; adding a new section to chapter 66.44 RCW; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5752 by Senators Kohl, Prentice, Fairley and Pelz
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 5753 by Senators Fraser, Winsley, Sheldon, Fairley, Quigley, McAuliffe, Haugen, Sutherland, Bauer, Spanel, Prentice, Snyder and Rasmussen
AN ACT Relating to the deferral of property taxes; adding a new chapter to Title 84 RCW; and providing a contingent effective date.
Referred to Committee on Ways and Means.
SB 5754 by Senator Fraser
AN ACT Relating to water rights for the use of water for instream purposes; amending RCW 90.03.380 and 90.42.080; and adding a new section to chapter 90.03 RCW.
Referred to Committee on Senate Select Committee on Water Policy.
SJM 8014 by Senators Fraser, Morton, Winsley and Rasmussen
Petitioning Congress regarding water adjudication.
Referred to Committee on Energy, Telecommunications and Utilities.
SJR 8212 by Senators Fraser, Winsley, Sheldon, Drew, Fairley, McAuliffe, Quigley, Kohl, Haugen, Franklin, Sutherland, Prentice, Bauer, Spanel, Snyder, Morton and Rasmussen
Amending the Constitution to allow the legislature to defer certain property taxes.
Referred to Committee on Ways and Means.
INTRODUCTION AND FIRST READING OF HOUSE BILL
ESHB 1010 by House Committee on Government Operations (originally sponsored by Representatives Reams, Horn, Lisk, Cairnes, Dyer, Van Luven, Ballasiotes, Buck, Casada, D. Schmidt, B. Thomas, Chandler, L. Thomas, Brumsickle, Sehlin, Sherstad, Carlson, Benton, Skinner, Kremen, Hargrove, Cooke, Delvin, Schoesler, Johnson, Thompson, Beeksma, Goldsmith, Radcliff, Hickel, Backlund, Crouse, Elliot, Pennington, Mastin, Carrell, Mitchell, K. Schmidt, Chappell, Basich, Grant, Smith, Robertson, Foreman, Honeyford, Pelesky, Blanton, Koster, Lambert, Mulliken, Boldt, McMorris, Clements, Fuhrman, Campbell, Sheldon, Huff, Mielke, Talcott, Silver, McMahan, Stevens, Morris and Hymes)
Implementing regulatory reform.
Referred to Committee on Government Operations.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the 1995 Hubert Humphrey Scholars from the University of Washington, who were seated in the gallery.
MOTION
At 10:10 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 11:43 a.m. by President Pritchard.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Smith, Gubernatorial Appointment No. 9005, Kathryn S. Bail, as Chair of the Indeterminate Sentence Review Board, was confirmed.
APPOINTMENT OF KATHRYN S. BAIL
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Excused: Senators Anderson, C., Deccio, Johnson, McCaslin and Owen - 5.
SECOND READING
SENATE BILL NO. 5128, by Senators Drew, Owen, Spanel and Snyder (by request of Department of Fish and Wildlife)
Authorizing shellfish to be taken under a salmon charter license.
The bill was read the second time.
MOTION
On motion of Senator Drew, the rules were suspended, Senate Bill No. 5128 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. 5128.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5128 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Excused: Senators Anderson, C., Deccio, Johnson, McCaslin and Owen - 5.
SENATE BILL NO. 5128, 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. 5022, by Senators Fairley and Winsley
Allowing United States military dependents' identification as identification cards for liquor purchases.
MOTIONS
On motion of Senator Fairley, Substitute Senate Bill No. 5022 was substituted for Senate Bill No. 5022 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fairley, the rules were suspended, Substitute Senate Bill No. 5022 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. 5022.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5022 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Excused: Senators Anderson, C., Deccio, Johnson, McCaslin and Owen - 5.
SUBSTITUTE SENATE BILL NO. 5022, 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. 5029, by Senators Hargrove, Fraser and Winsley (by request of Department of Social and Health Services)
Modifying membership and duties of children's services advisory committee.
The bill was read the second time.
MOTION
On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 5029 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. 5029.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5029 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Excused: Senators Anderson, C., Deccio, Johnson, McCaslin and Owen - 5.
SENATE BILL NO. 5029, 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 Wojahn: "A point of personal privilege, Mr. President. I think that our esteemed Senator Pelz neglected to acknowledge and to thank Senator Swecker for this delightful map of the state of Washington in the form of a mint, and I want to personally thank Senator Swecker--I want to personally thank you because you were ignored. It is a beautiful contribution to the cause and it looks edible, also. Thank you."
MOTION
At 12:04 p.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m., Monday, February 6, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate