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FORTIETH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, February 17, 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 Fairley, Schow and Wojahn. On motion of Senator Loveland, Senators Fairley and Wojahn were excused. On motion of Senator Wood, Senator Schow was excused.
The Sergeant at Arms Color Guard, consisting of Pages Michael Sheafe and Victoria Shoemaker, presented the Colors. Reverend Bruce Armstrong, pastor of the Lacey Presbyterian Church, 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 15, 1995
SB 5080 Prime Sponsor, Senator Smith: Directing the department of licensing to develop electronic security systems to prevent fraud involving drivers' licenses and identicards. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5080 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Smith, Chair; Cal Anderson, Vice Chair; Haugen, Long, Quigley, Roach and Schow.
Referred to Committee on Ways and Means.
February 15, 1995
SB 5219 Prime Sponsor, Senator Smith: Changing domestic violence provisions. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5219 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Smith, Chair; Cal Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Quigley, Rinehart, Roach and Schow.
Referred to Committee on Ways and Means.
February 16, 1995
SB 5292 Prime Sponsor, Senator Sutherland: Revising the level of civil penalties for violation of gas pipeline safety regulations. Reported by Committee on Energy, Telecommunications and Utilities
MAJORITY Recommendation: Do pass. Signed by Senators Sutherland, Chair; Loveland, Vice Chair; Finkbeiner, Hochstatter and Owen.
Passed to Committee on Rules for second reading.
February 15, 1995
SB 5328 Prime Sponsor, Senator Deccio: Revising provisions relating to juvenile probation and detention services. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Smith, Chair; Cal Anderson, Vice Chair; Hargrove, Haugen, Johnson, McCaslin, Quigley, Roach and Schow.
Passed to Committee on Rules for second reading.
February 15, 1995
SB 5400 Prime Sponsor, Senator Smith: Providing for reimbursements to the department of labor and industries related to crime victim compensation. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5400 be substituted therefor, and the substitute bill do pass. Signed by Senators Smith, Chair; Cal Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Quigley, Roach and Schow.
Passed to Committee on Rules for second reading.
February 16, 1995
SB 5421 Prime Sponsor, Senator Fraser: Modifying the definition of "vulnerable adult" for background check purposes. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 5421 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 16, 1995
SB 5521 Prime Sponsor, Senator Kohl: Modifying availability of child care subsidy programs. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 5521 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 16, 1995
SB 5681 Prime Sponsor, Senator Quigley: Providing penalties for illegal activities involving tobacco. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That Substitute Senate Bill No. 5681 be substituted therefor, and the substitute bill do pass. Signed by Senators Quigley, Chair; Wojahn, Vice Chair; Cal Anderson, Fairley and Moyer.
Referred to Committee on Ways and Means.
February 16, 1995
SB 5689 Prime Sponsor, Senator Oke: Prohibiting giveaways of cigarette and tobacco samples and coupons. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Quigley, Chair; Cal Anderson, Fairley, Franklin and Moyer.
Passed to Committee on Rules for second reading.
February 16, 1995
SB 5787 Prime Sponsor, Senator Sutherland: Providing a comprehensive public drinking water system assistance program. Reported by Committee on Energy, Telecommunications and Utilities
MAJORITY Recommendation: Do pass. Signed by Senators Sutherland, Chair; Loveland, Vice Chair; Finkbeiner, Hochstatter and Owen.
Passed to Committee on Rules for second reading.
February 15, 1995
SJM 8006 Prime Sponsor, Senator Oke: Asking Congress to propose a constitutional amendment to prohibit the physical desecration of the flag. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Haugen, Johnson, Long, McCaslin, Roach and Schow.
MINORITY Recommendation: Do not pass. Signed by Senator Cal Anderson, Vice Chair.
Passed to Committee on Rules for second reading.
February 16, 1995
SJM 8014 Prime Sponsor, Senator Fraser: Petitioning Congress regarding water adjudication. Reported by Committee on Energy, Telecommunications and Utilities
MAJORITY Recommendation: Do pass. Signed by Senators Sutherland, Chair; Loveland, Vice Chair; Finkbeiner, Hochstatter and Owen.
Passed to Committee on Rules for second reading.
February 15, 1995
HJM 4000 Prime Sponsor, Representative Reams: Asking Congress to propose a constitutional amendment to prohibit the physical desecration of the flag. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Haugen, Johnson, Long, McCaslin, Roach and Schow.
MINORITY Recommendation: Do not pass. Signed by Senator Cal Anderson, Vice Chair.
Passed to Committee on Rules for second reading.
INTRODUCTION AND FIRST READING
SB 5957 by Senator Cantu
AN ACT Relating to plat and subdivision amendments; and adding a new section to chapter 58.17 RCW.
Referred to Committee on Government Operations.
SB 5958 by Senators Morton, Sellar, Hale, Heavey, A. Anderson, Prince, Hochstatter, Deccio, McCaslin, Swecker, Schow and Rasmussen
AN ACT Relating to water storage applications; amending RCW 90.03.320 and 90.14.140; and creating a new section.
Referred to Committee on Senate Select Committee on Water Policy.
SB 5959 by Senator Sutherland
AN ACT Relating to ensuring security of document transmissions using common carrier, broadcast, and computer technologies; reenacting and amending RCW 42.17.310; adding a new chapter to Title 19 RCW; and prescribing penalties.
Referred to Committee on Energy, Telecommunications and Utilities.
SB 5960 by Senator Sutherland
AN ACT Relating to the motor vehicle excise tax; amending RCW 81.100.060 and 82.44.020; reenacting and amending RCW 81.104.160 and 82.44.110; and providing an effective date.
Referred to Committee on Transportation.
SB 5961 by Senator Sutherland
AN ACT Relating to telecommuting; amending RCW 36.70.020, 35.63.010, and 35A.63.010; reenacting and amending RCW 36.70A.030; adding a new section to chapter 36.70A RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; creating new sections; and making an appropriation.
Referred to Committee on Government Operations.
SB 5962 by Senators Rasmussen and Newhouse
AN ACT Relating to dairy products; and amending RCW 15.36.111 and 15.36.121.
Referred to Committee on Agriculture and Agricultural Trade and Development.
SB 5963 by Senators Bauer, Wojahn and Winsley
AN ACT Relating to sick leave cash out; and amending RCW 28A.310.490, 28A.400.210, and 41.04.340.
Referred to Committee on Ways and Means.
SB 5964 by Senators Prentice, Sellar, Loveland, Moyer and Kohl
AN ACT Relating to low-income and special needs housing; amending RCW 82.46.010; and creating a new section.
Referred to Committee on Financial Institutions and Housing.
SB 5965 by Senators Smith, Roach, Schow, Oke, Bauer and Long
AN ACT Relating to attorneys' fees, costs, and expenses awarded against the state; adding a new section to chapter 4.84 RCW; and creating new sections.
Referred to Committee on Government Operations.
SB 5966 by Senators Bauer and Kohl
AN ACT Relating to the Washington award for vocational excellence; amending RCW 28C.04.520, 28C.04.525, 28C.04.530, 28C.04.535, 28C.04.540, 28C.04.545, and 28B.15.545; adding a new section to chapter 28C.04 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Higher Education.
MOTION
On motion of Senator Swecker, the following resolution was adopted:
SENATE RESOLUTION 1995-8616
By Senators Swecker, Fraser, Palmer, Snyder and Owen
WHEREAS, The Legislature finds that as interests in the Chehalis River Basin have diversified, the Chehalis River and its tributaries have sustained increasing pressure to satisfy demands for irrigation, hydroelectricity, and instream flow needs for fisheries and recreation; and
WHEREAS, Since approval of the "Chehalis River Basin Action Plan" in 1992, recommendations in the plan have not yet been fully addressed by the federal, state, and local agencies with management or regulatory jurisdiction in the Basin; and
WHEREAS, In view of the high resource values at stake in the Chehalis River Basin, an innovative process is needed to provide for implementation of the plan and for sound watershed management;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize and commend the mission statement of the Chehalis Watershed Council: The Chehalis Watershed Council is a grassroots, community forum which uses a nonadversarial, consensus based approach to problem solving and conflict resolution among stakeholders, scientists, and agencies with varied perspectives; and
BE IT FURTHER RESOLVED, That the Senate encourage state agencies to participate in the Chehalis Watershed Council, to focus on watershed issues and to facilitate long-term solutions.
Senators Swecker and Fraser spoke to Senate Resolution 1995-8616.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the Chehalis Watershed Council, who were seated in the gallery.
MOTION
At 10:11 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 11:36 a.m. by President Pritchard.
MOTION
On motion of Senator Spanel, the Senate returned to the first order of business.
REPORTS OF STANDING COMMITTEES
February 14, 1995
SB 5269 Prime Sponsor, Senator Rasmussen: Raising the maximum cost for raffle tickets to ten dollars. Reported by Committee on Labor, Commerce and Trade
MAJORITY Recommendation: Do pass. Signed by Senators Pelz, Chair; Heavey, Vice Chair; Deccio, Franklin, Fraser, Hale, Palmer and Wojahn.
Passed to Committee on Rules for second reading.
February 14, 1995
SB 5395 Prime Sponsor, Senator Pelz: Revising provisions related to industrial insurance benefits. Reported by Committee on Labor, Commerce and Trade
MAJORITY Recommendation: That Substitute Senate Bill No. 5395 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Pelz, Chair; Heavey, Vice Chair; Deccio, Franklin, Fraser, Hale and Palmer.
Referred to Committee on Ways and Means.
February 14, 1995
SB 5402 Prime Sponsor, Senator Pelz: Revising provisions related to industrial insurance penalties. Reported by Committee on Labor, Commerce and Trade
MAJORITY Recommendation: That Substitute Senate Bill No. 5402 be substituted therefor, and the substitute bill do pass. Signed by Senators Pelz, Chair; Heavey, Vice Chair; Deccio, Franklin, Fraser, Hale, Palmer and Wojahn.
Passed to Committee on Rules for second reading.
February 16, 1995
SB 5465 Prime Sponsor, Senator Owen: Transferring functions of the Maritime Commission to a nonprofit corporation. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Owen, Chair; Heavey, Vice Chair; Fairley, Haugen, Kohl, Morton, Oke, Prentice, Prince, Rasmussen, Schow and Wood.
Passed to Committee on Rules for second reading.
February 14, 1995
SB 5548 Prime Sponsor, Senator Fraser: Changing the registration requirements relating to professional land surveyors and engineers. Reported by Committee on Labor, Commerce and Trade
MAJORITY Recommendation: Do pass. Signed by Senators Pelz, Chair; Heavey, Vice Chair; Deccio, Franklin, Fraser, Hale, Palmer and Wojahn.
Passed to Committee on Rules for second reading.
February 14, 1995
SB 5613 Prime Sponsor, Senator Pelz: Revising the provision authorizing the department of labor and industries to hold industrial insurance orders in abeyance. Reported by Committee on Labor, Commerce and Trade
MAJORITY Recommendation: Do pass. Signed by Senators Pelz, Chair; Heavey, Vice Chair; Franklin, Fraser and Wojahn.
Passed to Committee on Rules for second reading.
February 16, 1995
SB 5668 Prime Sponsor, Senator Hale: Revising provisions relating to sureties for industrial insurance self-insurers. 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, Palmer and Wojahn.
Passed to Committee on Rules for second reading.
February 14, 1995
SB 5705 Prime Sponsor, Senator Newhouse: Establishing requirements for work force development programs in the employment security department. Reported by Committee on Labor, Commerce and Trade
MAJORITY Recommendation: Do pass. Signed by Senators Pelz, Chair; Heavey, Vice Chair; Deccio, Franklin, Fraser, Hale, Palmer and Wojahn.
Passed to Committee on Rules for second reading.
There being no objection, the President advanced the Senate to the sixth order of business.
SECOND READING
GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Hargrove, Gubernatorial Appointment No. 9009, Dr. Dean K. Brooks, as Chair of the State Hospital, Western Washington Advisory Board, was confirmed.
APPOINTMENT OF DR. DEAN K. BROOKS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 46.
Excused: Senators Fairley, Schow and Wojahn - 3.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced Washington's United States Congresswoman Linda Smith, who was seated on the rostrum.
MOTION
On motion of Senator Loveland, Senator Bauer was excused.
SECOND READING
SENATE BILL NO. 5176, by Senators Pelz and Deccio (by request of Liquor Control Board)
Improving the enforcement provisions of the Washington state liquor act.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the rules were suspended, Senate Bill No. 5176 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. 5176.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5176 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, A., Anderson, C., Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 45.
Excused: Senators Bauer, Fairley, Schow and Wojahn - 4.
SENATE BILL NO. 5176, 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. 5127, by Senators West, Haugen, Morton, Prince, Moyer and McCaslin
Changing provisions regarding public facilities districts.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5127 was substituted for Senate Bill No. 5127 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5127 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. 5127.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5127 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Anderson, A., Anderson, C., Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, 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 and Wood - 44.
Absent: Senator Roach - 1.
Excused: Senators Bauer, Fairley, Schow and Wojahn - 4.
SUBSTITUTE SENATE BILL NO. 5127, 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 Wood, Senator Roach was excused.
SECOND READING
SENATE BILL NO. 5239, by Senators Oke and Owen
Requiring any person convicted of communication with a minor to register as a sex offender.
The bill was read the second time.
MOTION
On motion of Senator Smith, the rules were suspended, Senate Bill No. 5239 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. 5239.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5239 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Anderson, C., Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, 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 and Wood - 44.
Excused: Senators Bauer, Fairley, Roach, Schow and Wojahn - 5.
SENATE BILL NO. 5239, 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. 5170, by Senators McAuliffe, Long, Fairley, Drew, Haugen, Bauer, Fraser, Pelz, Kohl, Oke and Gaspard
Allowing disclosure of juvenile records to affected school districts.
MOTIONS
On motion of Senator McAuliffe, Substitute Senate Bill No. 5170 was substituted for Senate Bill No. 5170 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 5170 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. 5170.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5170 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 46.
Excused: Senators Fairley, Schow and Wojahn - 3.
SUBSTITUTE SENATE BILL NO. 5170, 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. 5021, by Senators Snyder, Owen and Rasmussen
Modifying regulation of limited outdoor burning.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 5021 was substituted for Senate Bill No. 5021 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5021 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Owen: "Senator Snyder, on page 2, lines 1 through 3, is the intent of this language to allow residential burning in counties less that 50,000 population without any permit or process?"
Senator Snyder: "The answer is 'yes.'"
Senator Owen: "Thank you."
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5021.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5021 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 46.
Excused: Senators Fairley, Schow and Wojahn - 3.
SUBSTITUTE SENATE BILL NO. 5021, 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 12:07 p.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m., Monday, February 20, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate