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TWENTY-NINTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, February 6, 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 Ann Anderson, Cantu, Fraser, Kohl, Roach and Schow. On motion of Senator Wood, Senators Ann Anderson, Cantu, Roach and Schow were excused. On motion of Senator Loveland, Senators Fraser and Kohl were excused.
The Sergeant at Arms Color Guard, consisting of Pages Katie Doellefeld and Stefani Dodd, presented the Colors. Reverend Joan Cathey of The Evergreen State College Campus Ministry, 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 2, 1995
SB 5021 Prime Sponsor, Senator Snyder: Modifying regulation of limited outdoor burning. Reported by Committee on Ecology and Parks
MAJORITY Recommendation: That Substitute Senate Bill No. 5021 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, McDonald, Spanel and Swecker.
Passed to Committee on Rules for second reading.
February 3, 1995
SB 5078 Prime Sponsor, Senator Fraser: Concerning premium finance agreements. Reported by Committee on Financial Institutions and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale, Roach, Sellar, Smith and Sutherland.
Passed to Committee on Rules for second reading.
February 2, 1995
SB 5155 Prime Sponsor, Senator Hargrove: Exempting from the shoreline management act certain projects that have been granted hydraulic permits. Reported by Committee on Ecology and Parks
MAJORITY Recommendation: That Substitute Senate Bill No. 5155 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, McDonald, Spanel and Swecker.
Passed to Committee on Rules for second reading.
February 3, 1995
SB 5165 Prime Sponsor, Senator Smith: Revising the statute of limitations for negotiable instruments. Reported by Committee on Financial Institutions and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale, Roach, Sellar, Smith and Sutherland.
Passed to Committee on Rules for second reading.
February 3, 1995
SB 5179 Prime Sponsor, Senator Winsley: Altering the definition of a used mobile home. Reported by Committee on Financial Institutions and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale, Roach, Sellar, Smith and Sutherland.
Referred to Committee on Ways and Means.
February 2, 1995
SB 5230 Prime Sponsor, Senator Owen: Revising vehicle load fees. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass as amended. Signed by Senators Owen, Chair; Fairley, Kohl, Morton, Oke, Prentice, Prince, Rasmussen, Schow, Sellar and Wood.
Passed to Committee on Rules for second reading.
February 2, 1995
SB 5356 Prime Sponsor, Senator Owen: Providing for enforcement and administration of the pilotage act. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Owen, Chair; Heavey, Vice Chair; Fairley, Kohl, Morton, Oke, Prentice, Prince, Rasmussen, Schow, Sellar and Wood.
Passed to Committee on Rules for second reading.
February 2, 1995
SB 5357 Prime Sponsor, Senator Owen: Strengthening the provisions of the pilotage act affecting marine safety and protection of the marine environment. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Owen, Chair; Heavey, Vice Chair; Fairley, Kohl, Morton, Oke, Prentice, Prince, Rasmussen, Schow, Sellar and Wood.
Passed to Committee on Rules for second reading.
February 1, 1995
SB 5401 Prime Sponsor, Senator Quigley: Extending deadlines for studies of medical benefits for injured workers under a consolidated health care system. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Quigley, Chair; Wojahn, Vice Chair; Deccio, Fairley, Franklin, Moyer, Winsley and Wood.
Passed to Committee on Rules for second reading.
MESSAGE FROM THE GOVERNOR
February 3, 1995
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that February 3, 1995, Governor approved the following Senate Bill entitled:
SENATE BILL NO. 5038
Relating to modifying time periods for adoption of health benefits and standards.
Sincerely,
KENT CAPUTO, Legal Counsel to the Governor
MESSAGES FROM THE HOUSE
February 3, 1995
MR. PRESIDENT:
The Speaker has signed ENGROSSED SENATE CONCURRENT RESOLUTION NO. 8403, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 3, 1995
MR. PRESIDENT:
The Speaker has signed:
HOUSE CONCURRENT RESOLUTION NO. 4400,
HOUSE CONCURRENT RESOLUTION NO. 4403, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
HOUSE CONCURRENT RESOLUTION NO. 4400,
HOUSE CONCURRENT RESOLUTION NO. 4403.
INTRODUCTION AND FIRST READING
SB 5755 by Senators Loveland, Newhouse, Spanel, Rasmussen and Haugen
AN ACT Relating to the application of use tax on donated property to nonprofit charitable organizations; adding a new section to chapter 82.12 RCW; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5756 by Senators Swecker, Hochstatter and Morton
AN ACT Relating to wildlife; amending RCW 77.08.010 and 77.12.010; and creating a new section.
Referred to Committee on Natural Resources.
SB 5757 by Senators McCaslin, Haugen, Winsley, Heavey and Sheldon
AN ACT Relating to bidding requirements; amending RCW 36.32.250, 36.77.040, 39.04.220, 39.10.060, 47.28.100, 47.60.778, 53.08.130, 54.04.080, 56.08.070, 57.08.050, 70.44.140, and 91.08.530; reenacting and amending RCW 35.23.352; adding a new section to chapter 35.22 RCW; adding a new section to chapter 43.19 RCW; and providing an expiration date.
Referred to Committee on Government Operations.
SB 5758 by Senators Pelz, Hargrove and Long
AN ACT Relating to inmate work programs; and amending RCW 72.09.100.
Referred to Committee on Labor, Commerce and Trade.
SB 5759 by Senators Pelz, Smith, Prince, Rinehart, Winsley, Heavey, Quigley, Drew, Prentice, Finkbeiner, Fairley, Fraser, Spanel, C. Anderson, Kohl and Wojahn
AN ACT Relating to exceptional sentences; and amending RCW 9.94A.390.
Referred to Committee on Law and Justice.
SB 5760 by Senators Kohl, McAuliffe, Wood, Drew and Prince
AN ACT Relating to higher education tuition; and amending RCW 28B.15.556.
Referred to Committee on Higher Education.
SB 5761 by Senators Heavey, Newhouse, Spanel, Fraser, A. Anderson, Cantu and Wojahn
AN ACT Relating to registration of contractors; amending RCW 18.27.010, 18.27.020, 18.27.030, 18.27.040, 18.27.060, 18.27.090, 18.27.100, 18.27.104, 18.27.114, 18.27.117, 18.27.200, 18.27.230, 18.27.270, and 18.27.340; reenacting and amending RCW 51.12.020; adding a new section to chapter 18.27 RCW; repealing RCW 18.27.140; and prescribing penalties.
Referred to Committee on Labor, Commerce and Trade.
SB 5762 by Senators Winsley, Haugen and Fraser
AN ACT Relating to judicial determination of just compensation; and amending RCW 43.98A.090 and 84.34.220.
Referred to Committee on Government Operations.
SB 5763 by Senators Loveland, Strannigan, Rinehart, Winsley, Fraser and Haugen
AN ACT Relating to application of the real estate excise tax to sales to public entities; and amending RCW 82.45.010.
Referred to Committee on Ways and Means.
SB 5764 by Senator Cantu
AN ACT Relating to the redistricting commission; and amending RCW 44.05.100, 44.05.080, and 42.30.110.
Referred to Committee on Government Operations.
SB 5765 by Senators Heavey, Snyder, Smith, Finkbeiner and Schow
AN ACT Relating to delegation to local municipal jurisdictions of hydraulic project approval authority; and amending RCW 75.20.100.
Referred to Committee on Ecology and Parks.
SB 5766 by Senators Deccio, Wood, Hochstatter, Finkbeiner, Schow, Strannigan, McCaslin, West, Oke and Quigley
AN ACT Relating to applicants for aid to families with dependent children; add adding a new section to chapter 74.12 RCW.
Referred to Committee on Health and Long-Term Care.
SB 5767 by Senators Deccio and McCaslin
AN ACT Relating to municipal irrigation assessment districts; and amending RCW 35.92.220 and 35.92.230.
Referred to Committee on Government Operations.
SB 5768 by Senator Pelz (by request of Employment Security Department)
AN ACT Relating to deductions from unemployment benefits for unavailability; amending RCW 50.20.130; and creating a new section.
Referred to Committee on Labor, Commerce and Trade.
SB 5769 by Senator Deccio (by request of Employment Security Department)
AN ACT Relating to recovery of unemployment insurance overpayments; amending RCW 50.20.190; and creating a new section.
Referred to Committee on Labor, Commerce and Trade.
SB 5770 by Senators Pelz, Newhouse and Deccio (by request of Employment Security Department)
AN ACT Relating to unemployment insurance claimant profiling; amending RCW 50.20.010; and creating a new section.
Referred to Committee on Labor, Commerce and Trade.
SB 5771 by Senators Pelz, Newhouse and Deccio (by request of Employment Security Department)
AN ACT Relating to third party employers; adding a new section to chapter 50.04 RCW; and creating a new section.
Referred to Committee on Labor, Commerce and Trade.
SB 5772 by Senators Pelz, Newhouse and Deccio (by request of Employment Security Department
AN ACT Relating to disqualification from unemployment compensation; and amending RCW 50.20.065 and 50.20.160.
Referred to Committee on Labor, Commerce and Trade.
SB 5773 by Senators Pelz, Newhouse and Deccio (by request of Employment Security Department)
AN ACT Relating to charges against industrial insurance awards; and amending RCW 51.32.040.
Referred to Committee on Labor, Commerce and Trade.
SB 5774 by Senators Pelz, Newhouse and Deccio (by request of Employment Security Department)
AN ACT Relating to the authority of the employment security department to share data; amending RCW 50.13.080; creating new sections; prescribing penalties; providing an effective date; and declaring an emergency.
Referred to Committee on Labor, Commerce and Trade.
SB 5775 by Senator Fraser
AN ACT Relating to water resource management; amending RCW 90.03.015, 90.03.040, 90.03.290, 90.54.020, 90.03.380, 90.03.390, 90.44.070, and 90.14.140; adding new sections to chapter 90.03 RCW; and creating a new section.
Referred to Committee on Senate Select Committee on Water Policy.
SB 5776 by Senator Fraser
AN ACT Relating to the integration of water resources and growth management; amending RCW 36.70A.020, 36.70A.070, and 36.70A.210; and adding a new section to chapter 36.70A RCW.
Referred to Committee on Government Operations.
SB 5777 by Senators Sutherland, McDonald, Oke, Bauer, Rasmussen, Morton and West
AN ACT Relating to the authority of the state commission on fish and wildlife; amending RCW 75.08.012, 77.04.040, 77.04.055, 77.04.080, 75.08.011, 75.08.025, 75.08.055, 75.08.058, 75.08.070, 75.08.080, 75.08.090, 75.08.110, 75.08.120, 75.08.274, 75.08.285, 75.08.295, 75.08.460, 75.40.020, 75.40.040, 75.40.060, 75.08.014, 75.08.040, 75.08.045, 75.12.010, 75.12.015, 75.20.110, 75.24.030, 75.24.100, 75.24.130, 75.25.095, 75.30.060, 75.50.010, 75.50.020, 75.50.030, 75.50.040, 75.50.050, 75.50.070, 75.50.110, 75.50.130, 75.52.050, and 77.16.135; reenacting and amending RCW 43.17.020 and 75.50.100; creating new sections; and providing an effective date.
Referred to Committee on Natural Resources.
SB 5778 by Senators Heavey, Roach and Winsley
AN ACT Relating to the law enforcement officers' bill of rights; and adding a new chapter to Title 44 RCW.
Referred to Committee on Labor, Commerce and Trade.
SB 5779 by Senators Winsley, Franklin and Rasmussen
AN ACT Relating to special license plates; amending RCW 46.16.301 and 46.16.313; adding a new section to chapter 46.16 RCW; adding a new chapter to Title 16 RCW; creating new sections; and prescribing penalties.
Referred to Committee on Transportation.
SB 5780 by Senators Prentice, Deccio and C. Anderson
AN ACT Relating to the regulation of viatical settlements; adding a new section to chapter 42.17 RCW; adding a new chapter to Title 48 RCW; and prescribing penalties.
Referred to Committee on Financial Institutions and Housing.
SB 5781 by Senator Sellar
AN ACT Relating to the application of rules governing the training and qualifications of persons transporting students; and amending RCW 28A.160.210.
Referred to Committee on Labor, Commerce and Trade.
SB 5782 by Senators Sellar and Roach
AN ACT Relating to adoption; and amending RCW 26.33.343.
Referred to Committee on Human Services and Corrections.
SB 5783 by Senators Haugen, McCaslin, Long, Rasmussen and Winsley
AN ACT Relating to internal discrimination complaint procedures for state departments; reenacting and amending RCW 42.17.310; adding new sections to chapter 43.17 RCW; and creating a new section.
Referred to Committee on Government Operations.
SB 5784 by Senators Haugen and Winsley
AN ACT Relating to fire protection district benefit charges on public housing authority property; and amending RCW 35.82.210, 35.83.040, and 52.30.020.
Referred to Committee on Government Operations.
SB 5785 by Senators Roach, Snyder, Winsley, Rasmussen, Loveland, Oke, Drew, Schow, Franklin, Long, Strannigan, Wood, Palmer, Swecker, Hochstatter, Finkbeiner, Sellar, Hale, West, McDonald, Hargrove, Fairley, Heavey and Wojahn
AN ACT Relating to veterans' memorials; and adding a new section to chapter 73.40 RCW.
Referred to Committee on Government Operations.
SB 5786 by Senators Heavey and Prentice
AN ACT Relating to professional baseball; amending RCW 67.30.010; adding a new section to chapter 9.04 RCW; and prescribing penalties.
Referred to Committee on Labor, Commerce and Trade.
SJM 8015 by Senators Fraser, Swecker, Oke, McDonald, Wojahn, Deccio, McAuliffe, Hargrove, Rasmussen and Winsley
Requesting a variance in order to preserve man-made wetlands.
Referred to Committee on Ecology and Parks.
SECOND READING
GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Smith, Gubernatorial Appointment No. 9019, Julia L. Garratt, as a member of the Indeterminate Sentence Review Board, was confirmed.
APPOINTMENT OF JULIA L. GARRATT
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Anderson, C., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.
Excused: Senators Anderson, A., Cantu, Fraser, Kohl, Roach and Schow - 6.
MOTION
At 10:17 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 11:37 a.m. by President Pritchard.
SECOND READING
SENATE BILL NO. 5322, by Senators Gaspard, Roach, McDonald, Rinehart, Heavey, Johnson, Franklin, Loveland, West and Winsley
Providing a death benefit award.
MOTIONS
On motion of Senator Gaspard, Substitute Senate Bill No. 5322 was substituted for Senate Bill No. 5322 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Gaspard, the rules were suspended, Substitute Senate Bill No. 5322 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Ann Anderson, Senator Moyer was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5322.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5322 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Newhouse, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.
Voting nay: Senators Cantu, Hochstatter, Morton, Oke and Schow - 5.
Excused: Senator Moyer - 1.
SUBSTITUTE SENATE BILL NO. 5322, 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.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced firefighters, who were seated in the gallery.
MOTIONS
On motion of Senator Spanel, the Committee on Labor, Commerce and Trade was relieved of further consideration of Senate Bill No. 5741.
On motion of Senator Spanel, Senate Bill No. 5741 was referred to the Committee on Health and Long-Term Care.
MOTIONS
On motion of Senator Spanel, the Committee on Ways and Means was relieved of further consideration of Senate Bill No. 5744.
On motion of Senator Spanel, Senate Bill No. 5744 was referred to the Committee on Health and Long-Term Care.
MOTION
At 12:07 p.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Tuesday, February 7, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate