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THIRTY-THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, February 10, 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 McAuliffe, Moyer, Oke, Pelz, Prince, Quigley and Sutherland. On motion of Senator Ann Anderson, Senators Moyer, Oke and Prince were excused. On motion of Senator Loveland, Senators McAuliffe and Quigley were excused.
The Sergeant at Arms Color Guard, consisting of Pages Kristin Wick and Katie Watts, presented the Colors. Reverend Jennifer Lewison, intern pastor of The Central Lutheran Church of Bellingham, and a guest of Senator Ann Anderson, 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 9, 1995
SB 5026 Prime Sponsor, Senator Smith: Separating the duties of coroner and prosecuting attorney. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5026 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 9, 1995
SB 5031 Prime Sponsor, Senator Hargrove: Enlarging the scope of the methadone treatment program to the opiate substitution treatment program. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 5031 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Long, Moyer, Palmer, Prentice, Schow and Smith.
Passed to Committee on Rules for second reading.
February 7, 1995
SB 5170 Prime Sponsor, Senator McAuliffe: Allowing disclosure of juvenile records to affected school districts. Reported by Committee on Education
MAJORITY Recommendation: That Substitute Senate Bill No. 5170 be substituted therefor, and the substitute bill do pass. Signed by Senators McAuliffe, Chair; Pelz, Vice Chair; Finkbeiner, Gaspard, Hochstatter, Johnson and Rasmussen.
Passed to Committee on Rules for second reading.
February 9, 1995
SB 5183 Prime Sponsor, Senator Hale: Regarding county auditors. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5183 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 9, 1995
SB 5203 Prime Sponsor, Senator Hargrove: Specifying the admissibility in court of records certified by the department of corrections. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 5203 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.
Passed to Committee on Rules for second reading.
February 8, 1995
SB 5232 Prime Sponsor, Senator Owen: Excluding site exploration as a substantial shoreline development. Reported by Committee on Ecology and Parks
MAJORITY Recommendation: That Substitute Senate Bill No. 5232 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 8, 1995
SB 5272 Prime Sponsor, Senator Spanel: Providing regulatory reform to reduce the risk of oil spills. Reported by Committee on Ecology and Parks
MAJORITY Recommendation: 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 7, 1995
SB 5276 Prime Sponsor, Senator McAuliffe: Changing references from "handicapped" to "with disabilities" in the common school education code. Reported by Committee on Education
MAJORITY Recommendation: Do pass as amended. Signed by Senators McAuliffe, Chair; Pelz, Vice Chair; Finkbeiner, Gaspard, Hochstatter, Johnson and Rasmussen.
Passed to Committee on Rules for second reading.
February 9, 1995
SB 5310 Prime Sponsor, Senator Haugen: Requiring a process to solicit proposals for and prioritize heritage capital projects. 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.
February 8, 1995
SB 5410 Prime Sponsor, Senator C. Anderson: Designating the Washington park arboretum as an official state arboretum. Reported by Committee on Ecology and Parks
MAJORITY Recommendation: That Substitute Senate Bill No. 5410 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, Spanel and Swecker.
Passed to Committee on Rules for second reading.
February 7, 1995
SB 5440 Prime Sponsor, Senator McAuliffe: Requiring expulsion from school for at least one year for possession of a firearm on elementary or secondary school premises. Reported by Committee on Education
MAJORITY Recommendation: That Substitute Senate Bill No. 5440 be substituted therefor, and the substitute bill do pass. Signed by Senators McAuliffe, Chair; Pelz, Vice Chair; Finkbeiner, Gaspard, Hochstatter, Johnson and Rasmussen.
Passed to Committee on Rules for second reading.
February 7, 1995
SB 5537 Prime Sponsor, Senator McAuliffe: Changing teacher preparation provisions. Reported by Committee on Education
MAJORITY Recommendation: That Substitute Senate Bill No. 5537 be substituted therefor, and the substitute bill do pass. Signed by Senators McAuliffe, Chair; Pelz, Vice Chair; Finkbeiner, Gaspard, Hochstatter, Johnson and Rasmussen.
Passed to Committee on Rules for second reading.
February 7, 1995
SB 5538 Prime Sponsor, Senator McAuliffe: Changing state board of education staff provisions. Reported by Committee on Education
MAJORITY Recommendation: Do pass. Signed by Senators McAuliffe, Chair; Pelz, Vice Chair; Finkbeiner, Gaspard, Hochstatter, Johnson and Rasmussen.
Passed to Committee on Rules for second reading.
February 9, 1995
SB 5626 Prime Sponsor, Senator Winsley: Modifying advisory council on historic preservation representation. 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.
February 9, 1995
SB 5691 Prime Sponsor, Senator Rasmussen: Authorizing certain commodity commissions to raise assessments in excess of the fiscal growth factor. Reported by Committee on Agriculture and Agricultural Trade and Development
MAJORITY Recommendation: Do pass as amended. Signed by Senators Rasmussen, Chair; Loveland, Vice Chair; Bauer, Morton, Newhouse and Snyder.
Passed to Committee on Rules for second reading.
MESSAGE FROM STATE OFFICES
DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Olympia, Washington 98504-0095
February 10, 1995
The Honorable Marty Brown
Secretary of the Senate
Mailstop: 40482
Olympia, Washington 98504-0482
Dear Secretary Brown:
Enclosed is our Report to the Legislature from the Health and Rehabilitative Services Administration, Mental Health Division.
If you have any questions regarding the report, please contact me.
Sincerely,
JEAN SOLIZ, Secretary
The Report from the Health and Rehabilitative Services Administration, Mental Health Division, is on file in the Office of the Secretary of the Senate.
INTRODUCTION AND FIRST READING
SB 5858 by Senators Prentice, Heavey, Franklin, Wojahn, Fairley, Snyder and McAuliffe
AN ACT Relating to prompt payment of industrial insurance awards; amending RCW 51.32.200; creating a new section; and prescribing penalties.
Referred to Committee on Labor, Commerce and Trade.
SB 5859 by Senators Prentice, Heavey, Franklin, Wojahn, Fairley, Snyder and McAuliffe
AN ACT Relating to payment of litigation costs of injured workers; and amending RCW 51.52.120.
Referred to Committee on Labor, Commerce and Trade.
SB 5860 by Senators Prentice, Owen, Heavey, Oke, Wood, Haugen, Fairley, Sellar, Schow, Rasmussen and Winsley
AN ACT Relating to transportation construction project cost estimates; and adding a new section to chapter 47.05 RCW.
Referred to Committee on Transportation.
SB 5861 by Senators Prentice, Heavey, Pelz and C. Anderson
AN ACT Relating to the Washington credit union share guaranty association; amending RCW 31.12A.050; adding a new section to chapter 31.12 RCW; repealing RCW 31.12A.005, 31.12A.010, 31.12A.020, 31.12A.030, 31.12A.040, 31.12A.050, 31.12A.060, 31.12A.070, 31.12A.080, 31.12A.090, 31.12A.100, 31.12A.110, 31.12A.120, 31.12A.130, 31.12A.140, 31.12A.900, 31.12A.910, 31.12A.920, 31.12A.930, and 31.12A.940; providing an effective date; and declaring an emergency.
Referred to Committee on Financial Institutions and Housing.
SB 5862 by Senators Morton, A. Anderson, Prince, Moyer, Hochstatter, Strannigan, McCaslin, Schow, Deccio and Palmer
AN ACT Relating to the acquisition of habitat conservation and outdoor recreation lands; amending RCW 43.98A.030, 43.98A.040, and 43.98A.050; creating a new section; and declaring an emergency.
Referred to Committee on Ecology and Parks.
SB 5863 by Senators Morton, Swecker, Oke, Deccio, Hochstatter, Prince, Johnson, Schow, McCaslin, Palmer and Sellar
AN ACT Relating to purchase of land by state agencies; and adding a new section to chapter 79.01 RCW.
Referred to Committee on Ecology and Parks.
SB 5864 by Senators Haugen, Winsley, Heavey, McCaslin, Sheldon and Hale
AN ACT Relating to county public works projects; amending RCW 36.32.240; adding a new section to chapter 36.32 RCW; and repealing RCW 36.32.250.
Referred to Committee on Government Operations.
SB 5865 by Senators Snyder, Newhouse, Heavey and Winsley
AN ACT Relating to the assignment of rights of lottery prize winners; amending RCW 67.70.100; and creating a new section.
Referred to Committee on Labor, Commerce and Trade.
SB 5866 by Senators Pelz and Winsley (by request of Superintendent of Public Instruction Billings)
AN ACT Relating to education technology in schools; amending RCW 28A.650.030 and 28A.650.015; adding new sections to chapter 28A.650 RCW; repealing 1994 c 245 s 3 and 1993 c 336 s 704 (uncodified); and making an appropriation.
Referred to Committee on Education.
SB 5867 by Senators Palmer, Smith, Oke, Hargrove, Swecker, Owen and Schow
AN ACT Relating to offenses involving drugs; amending RCW 9.94A.386; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5868 by Senators Prentice, Fraser, Cantu, Winsley and Rasmussen (by request of Department of Community, Trade, and Economic Development)
AN ACT Relating to mobile home relocation assistance; amending RCW 59.21.010, 59.21.030, 59.21.040, 59.21.050, and 59.21.070; reenacting and amending RCW 59.21.105 and 43.84.092; reenacting RCW 59.21.005; creating new sections; repealing RCW 59.21.020, 59.21.035, 59.21.080, 59.21.085, 59.21.095, 59.21.900, 59.21.901, 59.21.902, and 59.21.903; and declaring an emergency.
Referred to Committee on Financial Institutions and Housing.
SB 5869 by Senators Smith, Long and Sheldon (by request of Utilities and Transportation Commission)
AN ACT Relating to hearings conducted by the utilities and transportation commission; amending RCW 34.12.020 and 80.01.060; and repealing RCW 34.12.042.
Referred to Committee on Energy, Telecommunications and Utilities.
SB 5870 by Senators Kohl, Prentice, Fairley, Moyer, Spanel, Quigley, C. Anderson, Franklin, Hochstatter and Rasmussen
AN ACT Relating to the provision of services by dental hygienists; adding new sections to chapter 18.29 RCW; repealing RCW 18.29.050 and 18.29.056; providing an effective date; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5871 by Senators Pelz, Hale, Fraser, Newhouse and Deccio
AN ACT Relating to the board of plumbers; amending RCW 18.106.110; and declaring an emergency.
Referred to Committee on Labor, Commerce and Trade.
SB 5872 by Senator Prentice
AN ACT Relating to authorizing superior courts and courts of limited jurisdiction to issue civil inspection warrants; adding a new section to chapter 2.08 RCW; adding a new section to chapter 3.02 RCW; adding a new section to chapter 3.46 RCW; adding a new section to chapter 3.50 RCW; adding a new section to chapter 3.66 RCW; and adding a new section to chapter 35.20 RCW.
Referred to Committee on Financial Institutions and Housing.
SB 5873 by Senators Fairley, Owen, Fraser, Smith, Prentice, Kohl and Oke
AN ACT Relating to raising the fine for parking in places reserved for physically disabled persons; amending RCW 46.16.381; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5874 by Senators C. Anderson, Quigley, Moyer, Deccio, Wojahn, Wood, Franklin, Winsley, Fairley and Kohl
AN ACT Relating to the education and training of physicians, nurse practitioners, and physician assistants; adding a new section to chapter 48.01 RCW; adding new sections to chapter 28B.20 RCW; and creating a new section.
Referred to Committee on Health and Long-Term Care.
SB 5875 by Senators Fraser and Fairley
AN ACT Relating to wetlands mitigation banks; adding a new chapter to Title 90 RCW; and creating a new section.
Referred to Committee on Ecology and Parks.
SB 5876 by Senators Haugen and Winsley
AN ACT Relating to population determinations and projections by the office of financial management; and amending RCW 43.62.035.
Referred to Committee on Government Operations.
SB 5877 by Senators Heavey, Haugen, Wood, Deccio and Rasmussen
AN ACT Relating to the regulation of limousines, taxicabs, and other for hire vehicle services; amending RCW 81.90.010, 81.90.020, 81.90.030, 46.72.010, 46.72.020, and 81.72.210; adding new sections to chapter 81.90 RCW; and adding a new section to chapter 46.72 RCW.
Referred to Committee on Transportation.
SB 5878 by Senators Gaspard, Winsley, McAuliffe, C. Anderson, Kohl and Bauer (by request of Washington State School Directors Association, Board of Education and Superintendent of Public Instruction Billings)
AN ACT Relating to school district and library district elections; amending RCW 28A.535.020, 28A.535.050, 84.52.056, and 39.36.020; repealing RCW 28A.530.020; and providing a contingent effective date.
Referred to Committee on Education.
SJR 8214 by Senators Fraser, C. Anderson and Rasmussen
Amending the Constitution to promote water conservation.
Referred to Committee on Ecology and Parks.
SJR 8215 by Senators Gaspard, Winsley, McAuliffe, C. Anderson, Kohl and Bauer (by request of Washington State School Directors Association, Board of Education and Superintendent of Public Instruction Billings)
Amending the Constitution to provide for a simple majority of voters voting to authorize school district levies.
Referred to Committee on Education.
STATEMENT FOR THE JOURNAL
During the morning session of February 10, 1995, I was absent from voting on Gubernatorial Appointment No. 9102, Jocelyn H. Marchisio as a member of the Public Disclosure Commission, due to a decision-making meeting of the Energy, Telecommunications and Utilities Committee.
SENATOR DEAN SUTHERLAND, 17th District
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Spanel, Gubernatorial Appointment No. 9102, Jocelyn H. Marchisio, as a member of the Public Disclosure Commission, was confirmed.
APPOINTMENT OF JOCELYN H. MARCHISIO
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Owen, Palmer, Prentice, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 42.
Absent: Senators Pelz and Sutherland - 2.
Excused: Senators McAuliffe, Moyer, Oke, Prince and Quigley - 5.
MOTION
On motion of Senator Loveland, Senator Pelz was excused.
SECOND READING
HOUSE BILL NO. 1039, by Representatives B. Thomas, Reams, Dyer, R. Fisher, Sommers, Costa, Mitchell, Basich and Wolfe
Increasing the number of citizen members of the Washington citizens' commission on salaries for elected officials.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, House Bill No. 1039 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 House Bill No. 1039.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1039 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Voting nay: Senator Heavey - 1.
Excused: Senators Moyer and Pelz - 2.
HOUSE BILL NO. 1039, 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.
MOTION
At 10:25 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 11:46 a.m. by President Pritchard.
SECOND READING
SENATE BILL NO. 5325, by Senators Rinehart, Bauer, Prince, Pelz, Sheldon, Kohl, Drew and Wood
Changing higher education fiscal provisions.
MOTIONS
On motion of Senator Bauer, Substitute Senate Bill No. 5325 was substituted for Senate Bill No. 5325 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Bauer, the rules were suspended, Substitute Senate Bill No. 5325 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 Substitute Senate Bill No. 5325.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5325 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, C., Bauer, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hargrove, Haugen, Kohl, Long, Loveland, McAuliffe, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Winsley, Wojahn and Wood - 28.
Voting nay: Senators Anderson, A., Cantu, Deccio, Hale, Heavey, Hochstatter, Johnson, McCaslin, McDonald, Morton, Newhouse, Oke, Palmer, Quigley, Roach, Schow, Sellar, Strannigan, Swecker and West - 20.
Excused: Senator Moyer - 1.
SUBSTITUTE SENATE BILL NO. 5325, 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.
MOTION
On motion of Senator Swecker, the following resolution was adopted:
SENATE RESOLUTION 1995-8612
By Senators Swecker, Fraser and Owen
WHEREAS, The Legislature is honored to recognize historical events; and
WHEREAS, It took individuals and families with great courage to embark on a journey on the Oregon Trail; and
WHEREAS, The party of settlers in the Simmons wagon train are particularly notable due to the fact that this group made their home in what is now the city of Tumwater; and
WHEREAS, The Simmons party leaders consisted of Michael T. Simmons, George Washington Bush, Gabriel Jones, James McAllister, David Kindred, Jesse Ferguson, and Samuel Crockett; and
WHEREAS, This intrepid group traveled north in 1845 to establish the first permanent American settlement north of the Columbia River, and were instrumental in gaining national attention for the settlement of the Puget Sound Country;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize and honor the one hundred-fiftieth anniversary of the founding of the city of Tumwater, and that city's forefathers' pioneer spirit; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Mayor of Tumwater and to the Tumwater Pioneer Wagon Train group.
MOTION
On motion of Senator McDonald, the following resolution was adopted:
SENATE RESOLUTION 1995-8613
By Senators McDonald, C. Anderson, Prentice, Franklin, Roach and Fairley
WHEREAS, The Vietnamese Unified Buddhist Church of the United States of America and Amnesty International are holding a rally today, February 10, 1995, at the State Capitol, in support of civil rights in Vietnam; and
WHEREAS, A home to live in, employment, and the freedom to worship are among the basic and fundamental rights of every person; and
WHEREAS, Denial of civil rights anywhere in the world is a legitimate concern of all civilized nations;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington stands firmly for fundamental human rights and congratulates the efforts of Amnesty International worldwide.
MOTION
At 12:13 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 1:56 p.m. by President Pritchard.
There being no objection, the President reverted the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
February 10, 1995
MR. PRESIDENT:
The Speaker has signed HOUSE BILL NO. 1039, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
HOUSE BILL NO. 1039.
MOTION
At 1:57 p.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m., Monday, February 13, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate