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FORTY-FIFTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, February 22, 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 Finkbeiner, Prince, Quigley and Rinehart. On motion of Senator Ann Anderson, Senators Finkbeiner and Prince were excused. On motion of Senator Loveland, Senators Quigley and Rinehart were excused.
The Sergeant at Arms Color Guard, consisting of Pages Sara Peters and Annie Senner, presented the Colors. Reverend Peter Mans, pastor of the Olympia Christian Reformed 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 21, 1995
SB 5063 Prime Sponsor, Senator Fairley: Making sex offenders with child victims subject to life imprisonment without parole after two offenses. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5063 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, Roach and Schow.
Referred to Committee on Ways and Means.
February 21, 1995
SB 5182 Prime Sponsor, Senator Haugen: Allowing county fiscal biennium budgets. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5182 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 21, 1995
SB 5207 Prime Sponsor, Senator Winsley: Clarifying annexation authority by municipal corporations providing sewer or water service of unincorporated territory. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5207 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 21, 1995
SB 5236 Prime Sponsor, Senator Kohl: Providing a comprehensive treatment project for persons involved in prostitution. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 5236 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 21, 1995
SB 5238 Prime Sponsor, Senator Oke: Eliminating the primary in park and recreation district elections. 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 21, 1995
SB 5244 Prime Sponsor, Senator Owen: Revising the definition of "dependent child" for purposes of aid to families with dependent children. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 5244 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 21, 1995
SB 5303 Prime Sponsor, Senator Heavey: Restricting public and municipal officers and public employees' use of first class airplane accommodations and luxury hotels if traveling on public business. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5303 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Hale, Heavey, McCaslin and Winsley.
Passed to Committee on Rules for second reading.
February 20, 1995
SB 5367 Prime Sponsor, Senator Smith: Clarifying penalties for failure to obey an officer. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5367 be substituted therefor, and the substitute bill do pass. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Roach and Schow.
Passed to Committee on Rules for second reading.
February 21, 1995
SB 5370 Prime Sponsor, Senator Hale: Authorizing use of credit cards by local governments. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5370 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 21, 1995
SB 5443 Prime Sponsor, Senator Drew: Requiring taxing districts to hold hearings about using the authorized amount of property tax. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5443 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 21, 1995
SB 5488 Prime Sponsor, Senator Smith: Making domestic violence an aggravating circumstance for purposes of sentencing decisions. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long and Schow.
Passed to Committee on Rules for second reading.
February 21, 1995
SB 5520 Prime Sponsor, Senator Hargrove: Modifying placement of juveniles, specifically addressing independent living. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: 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 20, 1995
SB 5522 Prime Sponsor, Senator Smith: Regulating the use of pro tempore judges and court commissioners. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5522 be substituted therefor, and the substitute bill do pass. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Rinehart, Roach and Schow.
Passed to Committee on Rules for second reading.
February 20, 1995
SB 5523 Prime Sponsor, Senator Smith: Regulating payment of criminal defendants' costs. 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, Rinehart, Roach and Schow.
Passed to Committee on Rules for second reading.
February 20, 1995
SB 5524 Prime Sponsor, Senator Smith: Decriminalizing certain traffic offenses. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, McCaslin and Schow.
Passed to Committee on Rules for second reading.
February 21, 1995
SB 5610 Prime Sponsor, Senator Smith: Penalizing false accusations of child abuse or neglect. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, Roach and Schow.
Passed to Committee on Rules for second reading.
February 21, 1995
SB 5680 Prime Sponsor, Senator Hargrove: Modifying licensing enforcement for child care agencies. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 5680 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Long, Moyer, Palmer, Prentice and Schow.
Passed to Committee on Rules for second reading.
February 20, 1995
SB 5725 Prime Sponsor, Senator Smith: Protecting privileged communications. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 5725 be substituted therefor, and the substitute bill do pass. Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Roach, Rinehart and Schow.
Passed to Committee on Rules for second reading.
February 21, 1995
SB 5727 Prime Sponsor, Senator Drew: Updating accessibility requirements for polling and registration places. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5727 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 21, 1995
SB 5824 Prime Sponsor, Senator Haugen: Changing appointment provisions for the director of a combined city and county health department. 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 21, 1995
SB 5889 Prime Sponsor, Senator Fairley: Enacting the frail elderly and vulnerable adult civil protection act. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Senate Bill No. 5889 be referred to Committee on Health and Long-Term Care without recommendation. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, Long, Moyer, Palmer, Prentice, Schow and Strannigan.
Referred to Committee on Health and Long-Term Care.
MESSAGES FROM THE HOUSE
February 20, 1995
MR. PRESIDENT:
The House has passed SUBSTITUTE HOUSE BILL NO. 1110, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 20, 1995
MR. PRESIDENT:
The House has passed HOUSE BILL NO. 1081, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
SB 5996 by Senators Wojahn and Moyer
AN ACT Relating to repealing the health personnel resources plan, transferring data gathering to the health services commission; amending RCW 43.70.470; adding a new section to chapter 70.170 RCW; adding a new section to chapter 28B.80 RCW; creating new sections; repealing RCW 28B.125.005 and 28B.125.010; providing an effective date; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5997 by Senators Palmer, Bauer, Owen and Newhouse
AN ACT Relating to fireworks, creating new state fireworks regulations, strengthening state fireworks enforcement provisions, requiring all sales to comply with state regulation; amending RCW 70.77.124, 70.77.126, 70.77.131, 70.77.136, 70.77.146, 70.77.180, 70.77.200, 70.77.205, 70.77.250, 70.77.255, 70.77.270, 70.77.280, 70.77.285, 70.77.311, 70.77.315, 70.77.343, 70.77.345, 70.77.375, 70.77.395, 70.77.435, 70.77.440, 70.77.455, and 70.77.555; adding new sections to chapter 70.77 RCW; adding a new section to chapter 42.17 RCW; repealing RCW 70.77.465; prescribing penalties; and declaring an emergency.
Referred to Committee on Labor, Commerce and Trade.
SB 5998 by Senators Sheldon, Owen, Oke, Fraser, Hochstatter and Palmer
AN ACT Relating to local government waivers from specific requirements of on-site sewage system rules adopted by the board of health; and adding a new section to chapter 70.05 RCW.
Referred to Committee on Ecology and Parks.
SB 5999 by Senator Sheldon
AN ACT Relating to payment for pharmacy providers when health maintenance organizations fail to make payment; and amending RCW 48.46.243 and 48.46.245.
Referred to Committee on Health and Long-Term Care.
SB 6000 by Senators Snyder, Heavey, Loveland, A. Anderson, Oke, Winsley and Swecker
AN ACT Relating to an exemption to the Washington clean air act for fire training; and amending RCW 70.94.650 and 70.94.775.
Referred to Committee on Ecology and Parks.
SB 6001 by Senators McCaslin and Haugen
AN ACT Relating to school impact fees; and amending RCW 82.02.050 and 36.70A.130.
Referred to Committee on Government Operations.
SB 6002 by Senators Bauer, Wood, Rinehart and Kohl (by request of State Board for Community and Technical Colleges)
AN ACT Relating to community and technical college tuition refunds or fee cancellations; amending RCW 28B.15.600; and adding a new section to chapter 28B.15 RCW.
Referred to Committee on Higher Education.
SB 6003 by Senators Hargrove, A. Anderson, Palmer and Rasmussen
AN ACT Relating to protection of logging and land clearing activities; amending RCW 9A.48.070; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 6004 by Senators Sellar and Oke
AN ACT Relating to joint agreements between cities and counties for criminal justice purposes; and amending RCW 82.14.340.
Referred to Committee on Government Operations.
SB 6005 by Senator Haugen
AN ACT Relating to county hospitals; and amending RCW 36.62.110.
Referred to Committee on Government Operations.
SB 6006 by Senator Smith
AN ACT Relating to expanding authority to arrest without warrant to special agents of the federal bureau of investigation, drug enforcement administration, United States secret service, or bureau of alcohol, tobacco, and firearms, and deputy United States marshals; and amending RCW 10.88.330.
Referred to Committee on Law and Justice.
SB 6007 by Senators Johnson, Hochstatter, Finkbeiner, A. Anderson, Oke, Swecker, Roach, Strannigan, Palmer and McCaslin
AN ACT Relating to a program for educational advancement grants in designated urban areas; and adding new sections to chapter 74.13 RCW.
Referred to Committee on Education.
SB 6008 by Senators Roach and Swecker
AN ACT Relating to allowing students to incorporate religious and philosophical beliefs in school-related activities; and adding a new section to chapter 28A.600 RCW.
Referred to Committee on Education.
SB 6009 by Senators Rasmussen, Loveland, Finkbeiner, Morton, Bauer, McAuliffe, Drew and Kohl
AN ACT Relating to the malt beverage commission; adding a new chapter to Title 15 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Agriculture and Agricultural Trade and Development.
SB 6010 by Senators McAuliffe and Rinehart
AN ACT Relating to the learning assistance program; amending RCW 28A.165.070; and declaring an emergency.
Referred to Committee on Education.
SB 6011 by Senator McAuliffe
AN ACT Relating to the purchase of liability insurance by school districts; and amending RCW 28A.400.350.
Referred to Committee on Education.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
HB 1081 by Representatives Radcliff, Blanton, Costa, Koster, Ballasiotes, Cole, Dickerson, Basich and Mitchell (by request of Department of Corrections)
Specifying sentencing conditions for felons who commit additional felonies.
Referred to Committee on Law and Justice.
SHB 1110 by House Committee on Natural Resources (originally sponsored by Representatives Buck, Fuhrman, Pennington, Silver, Johnson, Brumsickle, Stevens, Hargrove and Benton)
Prohibiting the department of natural resources from entering into certain agreements with the federal government without prior legislative and gubernatorial approval.
Referred to Committee on Natural Resources.
SECOND READING
GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Smith, Gubernatorial Appointment No. 9118, Dr. Donna D. Schram, as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF DR. DONNA D. SCHRAM
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Excused: Senators Finkbeiner, Prince, Quigley and Rinehart - 4.
SECOND READING
SENATE BILL NO. 5272, by Senators Spanel, Swecker, Fraser, C. Anderson, McAuliffe and Winsley (by request of Office of Marine Safety)
Providing regulatory reform to reduce the risk of oil spills.
The bill was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, Senate Bill No. 5272 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. 5272.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5272 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Excused: Senators Finkbeiner and Prince - 2.
SENATE BILL NO. 5272, 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. 5002, by Senators Smith, Haugen, Winsley, McCaslin, Wojahn, C. Anderson, Rasmussen, Moyer, Prentice, Rinehart, Long, Quigley, McAuliffe and Kohl
Making the assault of a nurse a felony.
MOTIONS
On motion of Senator Smith, Substitute Senate Bill No. 5002 was substituted for Senate Bill No. 5002 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5002 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. 5002.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5002 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Winsley, Wojahn and Wood - 45.
Voting nay: Senators Heavey and West - 2.
Excused: Senators Finkbeiner and Prince - 2.
SUBSTITUTE SENATE BILL NO. 5002, 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. 5122, by Senators Smith, Hale, Long and Loveland
Authorizing Benton county to have one additional district court judge.
MOTIONS
On motion of Senator Smith, Substitute Senate Bill No. 5122 was substituted for Senate Bill No. 5122 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hale, the following amendment by Senators Hale and Smith was adopted:
On page 1, after line 16, insert the following:
"NEW SECTION. Sec. 2. This is act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
MOTIONS
On motion of Senator Smith, the following title amendments were considered simultaneously and were adopted:
On page 1, line 1 of the title, strike "and"
On page 1, line 2 of the title, after ".010" insert "; and declaring an emergency"
On motion of Senator Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 5122 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 Engrossed Substitute Senate Bill No. 5122.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5122 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Excused: Senators Finkbeiner and Prince - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5122, 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 GUEST
Senator Snyder welcomed and introduced Mr. Frank Pritchard, brother of President Pritchard, who was seated on the rostrum. Mr. Pritchard is a former Assistant Chief Clerk in the House of Representatives.
SECOND READING
SENATE BILL NO. 5183, by Senators Hale, Haugen, Winsley and Deccio
Regarding county auditors.
MOTIONS
On motion of Senator Hale, Substitute Senate Bill No. 5183 was substituted for Senate Bill No. 5183 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hale, the rules were suspended, Substitute Senate Bill No. 5183 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. 5183.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5183 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, 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, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Finkbeiner - 1.
SUBSTITUTE SENATE BILL NO. 5183, 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. 5291, by Senators Sheldon and Hochstatter
Removing the requirement that a schedule of port rates and charges be filed with the utilities and transportation commission.
The bill was read the second time.
MOTION
On motion of Senator Sheldon, the rules were suspended, Senate Bill No. 5291 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. 5291.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5291 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, 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, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Finkbeiner - 1.
SENATE BILL NO. 5291, 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. 5066, by Senators Fraser, Newhouse, Loveland, Rasmussen and Hochstatter
Reforming the property taxation of short-rotation hardwoods.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 5066 was substituted for Senate Bill No. 5066 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. 5066 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. 5066.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5066 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, 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, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Finkbeiner - 1.
SUBSTITUTE SENATE BILL NO. 5066, 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. 5011, by Senator Owen
Concerning specialized forest product permits.
The bill was read the second time.
MOTIONS
On motion of Senator Drew, the following Committee on Natural Resources amendment was adopted:
On page 1, line 19, after "products." insert ""Cut or picked evergreen foliage" does not mean cones or seeds."
On motion of Senator Owen, the following amendments by Senators Hargrove and Owen were considered simultaneously and were adopted:
On page 4, after line 5, insert the following:
"(20) "Permit area" means a designated tract of land that may contain single or multiple harvest sites."
On page 5, line 23, after "by the" strike "picker" and insert "permittee"
On page 12, line 11, after "nonminority" strike "pickers" and insert "permittees"
On page 12, line 13, after "nonminority" strike "pickers" and insert "permittees"
MOTION
On motion of Senator Drew, the rules were suspended, Engrossed Senate Bill No. 5011 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 Engrossed Senate Bill No. 5011.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5011 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, 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, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Finkbeiner - 1.
ENGROSSED SENATE BILL NO. 5011, 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. 5101, by Senators Drew, Oke, Haugen and Winsley (by request of Department of Fish and Wildlife)
Authorizing the director of fish and wildlife to administer game fish catch record cards.
MOTIONS
On motion of Senator Drew, Substitute Senate Bill No. 5101 was substituted for Senate Bill No. 5101 and the substitute bill was placed on second reading and read the second time.
Senator Roach moved that the following amendment by Senators Roach, Swecker, Drew and McDonald be adopted:
On page 3, beginning on line 7, strike all of section 7 and insert the following:
"Sec. 7. RCW 77.32.360 and 1991 sp.s. c 7 s 10 are each amended to read as follows:
(1) ((A steelhead catch record card is required to fish for steelhead trout. The fee for this catch record card is eighteen dollars.
(2) Persons possessing steelhead trout shall immediately validate their catch record card as provided by rule.
(3) The steelhead catch record card required under this section expires April 30th following the date of issuance.
(4))) Each person who returns a steelhead catch record card to an authorized license dealer by June 1 following the period for which it was issued shall be given a credit equal to five dollars towards that day's purchase of any license, permit, transport tag, catch record card, or stamp required by this chapter. This subsection does not apply to annual steelhead catch record cards for persons under the age of fifteen.
(((5) Persons under the age of fifteen may purchase an annual steelhead catch record card for six dollars. The six-dollar catch record card entitles the holder to retain no more than five steelhead. After retaining five steelhead, a new catch record card may be purchased.))
(2) Catch record cards necessary for proper management of the state's game fish resources shall be administered under rules adopted by the director and issued at no charge."
MOTIONS
On motion of Senator Sutherland, the following amendments by Senators Sutherland, Drew and Roach to the amendment by Senators Roach, Swecker, Drew and McDonald were considered simultaneously and were adopted:
On page 1, line 17 of the amendment, strike "by June 1" and insert "((by June 1)) within thirty days"
On page 1, line 19 of the amendment, strike "catch record card," and insert "((catch record card,))
The President declared the question before the Senate to be the adoption of the amendment by Senators Roach, Swecker, Drew and McDonald on page 3, beginning on line 7, as amended, to Substitute Senate Bill No. 5101.
The motion by Senator Roach carried and the amendment, as amended, was adopted.
On motion of Senator Drew, the rules were suspended, Engrossed Substitute Senate Bill No. 5101 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 Engrossed Substitute Senate Bill No. 5101.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5101 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Absent: Senator Pelz - 1.
Excused: Senator Finkbeiner - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5101, 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. 5139, by Senators Kohl, Smith, Long, Prentice, Winsley, Heavey, Prince, Franklin, Schow, West, Oke and Rasmussen
Authorizing law enforcement officers to impound the vehicles of persons who are patronizing prostitutes.
MOTIONS
On motion of Senator Smith, Substitute Senate Bill No. 5139 was substituted for Senate Bill No. 5139 and the substitute bill was placed on second reading and read the second time.
Senator Owen moved that the following amendment be adopted:
On page 2, line 6, after "owner" strike "or operator"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Owen on page 2, line 6, to Substitute Senate Bill No. 5139.
The motion by Senator Owen carried and the amendment was adopted.
MOTION
On motion of Senator Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 5139 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
Senator McCaslin asked Senator Heavey if he would yield to a question, but Senator Heavey would not yield.
POINT OF INQUIRY
Senator McCaslin: "Senator Kohl, are motorcycles a motor vehicle? If we are going to stop this process, we'd better throw in bicycles, mopeds and motorcycles. Wherever the act is committed, those people should go to jail."
Senator Kohl: "Thank you, Senator McCaslin. Senator Rasmussen is wondering if we are including horses, as well?"
Senator McCaslin: No, I sold mine."
Senator Kohl: "I honestly had not considered motorcycles, bicycles, mopeds, and so forth, and perhaps we should have that checked out by an attorney. My bill does call for motor vehicles."
Senator McCaslin: "Thank you very much. I'm not a civil libertarian; I don't even know what it means, but I am going to vote for the bill."
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5139.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5139 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Moyer, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Voting nay: Senators Heavey, Morton and Pelz - 3.
Absent: Senator Newhouse - 1.
Excused: Senator Finkbeiner - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5139, 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 Spanel, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
February 22, 1995
MR. PRESIDENT:
The Speaker has signed SENATE CONCURRENT RESOLUTION NO. 8405, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
At 11:17 a.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Thursday, February 23, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate