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FIFTIETH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, February 27, 1995
The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cal Anderson, Cantu, Fraser, Long, McAuliffe, Oke, Pelz, Rinehart and Roach. On motion of Senator Ann Anderson, Senators Cantu, Long, Oke and Roach were excused. On motion of Senator Loveland, Senators Cal Anderson, Pelz, and Rinehart were excused.
The Sergeant at Arms Color Guard, consisting of Pages Winter Alto and Kathryn Brotherton, presented the Colors. President Pritchard 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 23, 1995
SB 5159 Prime Sponsor, Senator Owen: Creating the warm water game fish enhancement program. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Second Substitute Senate Bill No. 5159 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Long, Pelz, Sheldon, Snyder, Spanel, Strannigan, West and Winsley.
Passed to Committee on Rules for second reading.
February 23, 1995
SB 5216 Prime Sponsor, Senator Fraser: Creating the parks renewal and stewardship account. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Second Substitute Senate Bill No. 5216 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Drew, Fraser, Gaspard, Hargrove, Pelz, Quigley, Sheldon, Snyder, Spanel, Sutherland, Winsley and Wojahn.
Passed to Committee on Rules for second reading.
February 24, 1995
SB 5435 Prime Sponsor, Senator Prentice: Restricting limitations in certain medicare policies. Reported by Committee on Financial Institutions and Housing
MAJORITY Recommendation: That Substitute Senate Bill No. 5435 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale, Roach, Sellar and Sutherland.
Passed to Committee on Rules for second reading.
February 23, 1995
SB 5439 Prime Sponsor, Senator Hargrove: Revising procedures for nonoffender at-risk youth and their families. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 5439 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Long, Moyer, Palmer, Prentice, Schow, Smith and Strannigan.
MINORITY Recommendation: Do not pass. Signed by Senators Fairley and Kohl.
Referred to Committee on Ways and Means.
February 23, 1995
SB 5513 Prime Sponsor, Senator Rasmussen: Implementing a procedure for determining ownership of lost horses. Reported by Committee on Agriculture and Agricultural Trade and Development
MAJORITY Recommendation: That Substitute Senate Bill No. 5513 be substituted therefor, and the substitute bill do pass. Signed by Senators Rasmussen, Chair; Loveland, Vice Chair; Bauer, Morton and Snyder.
Passed to Committee on Rules for second reading.
February 24, 1995
SB 5641 Prime Sponsor, Senator McAuliffe: Studying providing instruction in world languages in the common school system. Reported by Committee on Education
MAJORITY Recommendation: Do pass. Signed by Senators McAuliffe, Chair; Finkbeiner, Gaspard, Hochstatter, Johnson and Rasmussen.
Passed to Committee on Rules for second reading.
February 24, 1995
SB 5642 Prime Sponsor, Senator Fraser: Requiring annual training for educational service district staff about placing exchange students and teachers in public schools. Reported by Committee on Education
MAJORITY Recommendation: Do pass. Signed by Senators McAuliffe, Chair; Pelz, Vice Chair; Gaspard, Hochstatter and Rasmussen.
Passed to Committee on Rules for second reading.
February 24, 1995
SB 5699 Prime Sponsor, Senator Fraser: Revising provisions relating to international student exchange visitor placement organizations. 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 23, 1995
SB 5729 Prime Sponsor, Senator Prentice: Modifying the affordable housing eligibility criteria. Reported by Committee on Financial Institutions and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale, Roach, Sellar and Sutherland.
Passed to Committee on Rules for second reading.
February 24, 1995
SB 5742 Prime Sponsor, Senator Rasmussen: Establishing the Washington state vocational agriculture teacher recruitment program. Reported by Committee on Education
MAJORITY Recommendation: That Substitute Senate Bill No. 5742 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 24, 1995
SB 5743 Prime Sponsor, Senator Rasmussen: Establishing a pilot program to develop an integrated vocational agricultural educational program. Reported by Committee on Education
MAJORITY Recommendation: That Substitute Senate Bill No. 5743 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 23, 1995
SB 5748 Prime Sponsor, Senator Prentice: Expanding the state law against discrimination. Reported by Committee on Financial Institutions and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale, Roach, Sellar and Sutherland.
Passed to Committee on Rules for second reading.
February 22, 1995
SB 5770 Prime Sponsor, Senator Pelz: Providing for unemployment insurance claimant profiling. Reported by Committee on Labor, Commerce and Trade
MAJORITY Recommendation: Do pass as amended. Signed by Senators Pelz, Chair; Deccio, Fraser, Hale, Newhouse, Palmer and Wojahn.
MINORITY Recommendation: Do not pass as amended. Signed by Senators Heavey, Vice Chair; and Franklin.
Passed to Committee on Rules for second reading.
February 23, 1995
SB 5780 Prime Sponsor, Senator Prentice: Regulating viatical settlements. Reported by Committee on Financial Institutions and Housing
MAJORITY Recommendation: That Substitute Senate Bill No. 5780 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale, Roach, Sellar and Sutherland.
Passed to Committee on Rules for second reading.
February 22, 1995
SB 5871 Prime Sponsor, Senator Pelz: Clarifying the terms of the members of the advisory board of plumbers. 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.
INTRODUCTION AND FIRST READING
SB 6027 by Senator Morton
AN ACT Relating to county day labor road construction budgets; and amending RCW 36.77.065.
Referred to Committee on Government Operations.
SB 6028 by Senators Schow and Roach
AN ACT Relating to harassment; and amending RCW 10.14.020 and 10.14.040.
Referred to Committee on Law and Justice.
SB 6029 by Senator Pelz
AN ACT Relating to exemptions from overtime compensation requirements; amending RCW 49.46.130; creating a new section; providing an expiration date; and declaring an emergency.
Referred to Committee on Labor, Commerce and Trade.
SB 6030 by Senator Heavey
AN ACT Relating to council elections in cities with a population of four hundred thousand or more; adding a new section to chapter 35.22 RCW; and declaring an emergency.
Referred to Committee on Government Operations.
SB 6031 by Senators Wood, Prince, Prentice and Owen
AN ACT Relating to authorizing removal of motor vehicles bought or received in pledge by a pawnbroker from the pawnbroker's place of business; and amending RCW 19.60.050.
Referred to Committee on Labor, Commerce and Trade.
SB 6032 by Senators Moyer, Deccio, McDonald, Winsley, Long, Hochstatter, Prince, Palmer, Oke, Sellar, Schow, Cantu, Johnson, Wood, Morton, Swecker, Hale, Roach, Strannigan, West, Newhouse, McCaslin, Finkbeiner and A. Anderson
AN ACT Relating to health care reform improvement; adding a new section to chapter 70.47 RCW; adding new sections to chapter 48.43 RCW; adding a new chapter to Title 48 RCW; creating new sections; repealing RCW 18.130.320, 18.130.330, 43.72.005, 43.72.010, 43.72.020, 43.72.030, 43.72.040, 43.72.050, 43.72.060, 43.72.070, 43.72.080, 43.72.090, 43.72.100, 43.72.110, 43.72.120, 43.72.130, 43.72.140, 43.72.150, 43.72.160, 43.72.170, 43.72.180, 43.72.190, 43.72.210, 43.72.220, 43.72.225, 43.72.230, 43.72.240, 43.72.300, 43.72.310, 43.72.800, 43.72.810, 43.72.820, 43.72.830, 43.72.840, 43.72.850, 43.72.860, 43.72.870, 48.01.200, 48.43.010, 48.43.020, 48.43.030, 48.43.040, 48.43.050, 48.43.060, 48.43.070, 48.43.080, 48.43.090, 48.43.100, 48.43.110, 48.43.120, 48.43.130, 48.43.140, 48.43.150, 48.43.160, 48.43.170, 48.01.210, 48.20.540, 48.21.340, 48.44.480, 48.46.550, 48.42.060, 48.42.070, 48.42.080, 70.170.100, 70.170.110, 70.170.120, 70.170.130, 70.170.140, 48.44.490, and 48.46.560; providing an effective date; and providing for submission of this act to a vote of the people.
Referred to Committee on Health and Long-Term Care.
SB 6033 by Senators Deccio, Quigley, Moyer, Wojahn and Winsley
AN ACT Relating to health care facility worker identification; and adding a new section to chapter 70.41 RCW.
Referred to Committee on Health and Long-Term Care.
SB 6034 by Senators Quigley, Winsley, Gaspard, Wood, Deccio, Snyder, Rinehart, Sheldon, Spanel, Loveland, Bauer, Owen, Haugen, Heavey, Franklin, Kohl, Prentice, Fraser, Drew, Wojahn, Rasmussen, McAuliffe, Hargrove, Oke and Sutherland
AN ACT Relating to repeal of the health insurance participation mandate for individuals and employers; repealing RCW 43.72.210 and 43.72.220; providing an effective date; and declaring an emergency.
HOLD.
SB 6035 by Senators Finkbeiner, Johnson and Hochstatter
AN ACT Relating to the delivery of telecommunications services; amending RCW 80.54.010; adding a new section to chapter 54.04 RCW; and creating a new section.
Referred to Committee on Energy, Telecommunications and Utilities.
SB 6036 by Senators Finkbeiner, Hochstatter, Swecker, Schow, Sellar, Strannigan, Johnson, Cantu and West
AN ACT Relating to the state energy office; and repealing RCW 43.21F.010, 43.21F.015, 43.21F.025, 43.21F.035, 43.21F.045, 43.21F.055, 43.21F.060, and 43.21F.065.
Referred to Committee on Government Operations.
SB 6037 by Senators Sheldon, Hale, Rinehart, Haugen, Drew, Oke, Kohl, Fairley, Franklin, Snyder, Quigley, Bauer, McAuliffe, Fraser, Sutherland and Gaspard
AN ACT Relating to the creation of the Washington independent regulatory affairs commission; amending RCW 34.05.010, 34.05.320, and 34.05.350; reenacting and amending RCW 42.17.2401; adding new sections to chapter 34.05 RCW; creating a new section; and repealing RCW 34.05.610, 34.05.620, 34.05.630, 34.05.640, and 34.05.650.
Referred to Committee on Government Operations.
MOTION
On motion of Senator Spanel, Senate Bill No. 6034 was held on the desk.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced Masaki Saito, Consul General of Japan, who was seated in the gallery.
SECOND READING
GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Smith, Gubernatorial Appointment No. 9097, Samuel R. Johnston, as a member of the Clemency and Pardons Board, was confirmed.
APPOINTMENT OF SAMUEL R. JOHNSTON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 2; Excused, 7.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Loveland, McCaslin, McDonald, Morton, Moyer, Newhouse, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 40.
Absent: Senators Fraser and McAuliffe - 2.
Excused: Senators Anderson, C., Cantu, Long, Oke, Pelz, Rinehart and Roach - 7.
SECOND READING
SENATE BILL NO. 5031, by Senators Hargrove, Winsley and Prentice (by request of Department of Social and Health Services)
Enlarging the scope of the methadone treatment program to the opiate substitution treatment program.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 5031 was substituted for Senate Bill No. 5031 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5031 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. 5031.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5031 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, 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, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Excused: Senators Anderson, C., Cantu, Rinehart and Roach - 4.
SUBSTITUTE SENATE BILL NO. 5031, 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 10:16 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 11:40 a.m. by President Pritchard.
There being no objection, the President returned the Senate to the first order of business.
REPORTS OF STANDING COMMITTEES
February 23, 1995
SB 5616 Prime Sponsor, Senator Gaspard: Establishing a single-application process for watershed restoration projects. Reported by Committee on Natural Resources
MAJORITY Recommendation: That Substitute Senate Bill No. 5616 be substituted therefor, and the substitute bill do pass. Signed by Senators Drew, Chair; Spanel, Vice Chair; A. Anderson, Morton, Oke, Owen, Snyder, Strannigan and Swecker.
Passed to Committee on Rules for second reading.
February 24, 1995
SB 5632 Prime Sponsor, Senator A. Anderson: Providing for flood damage reduction. Reported by Committee on Natural Resources
MAJORITY Recommendation: That Substitute Senate Bill No. 5632 be substituted therefor, and the substitute bill do pass. Signed by Senators Drew, Chair; A. Anderson, Hargrove, Haugen, Morton, Oke, Owen, Snyder, Strannigan and Swecker.
Referred to Committee on Ways and Means.
February 23, 1995
SB 5633 Prime Sponsor, Senator Snyder: Attempting to limit the growth and spread of the noxious weed spartina. Reported by Committee on Natural Resources
MAJORITY Recommendation: That Substitute Senate Bill No. 5633 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Drew, Chair; Spanel, Vice Chair; A. Anderson, Haugen, Morton, Oke, Owen, Snyder, Strannigan and Swecker.
Referred to Committee on Ways and Means.
February 23, 1995
SB 5662 Prime Sponsor, Senator Owen: Clarifying the existing authority of the department of ecology and the department of natural resources to require performance security for metals mining and milling operations. Reported by Committee on Natural Resources
MAJORITY Recommendation: That Substitute Senate Bill No. 5662 be substituted therefor, and the substitute bill do pass. Signed by Senators Drew, Chair; Spanel, Vice Chair; Morton, Oke, Owen, Snyder, Strannigan and Swecker.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Spanel, the Senate advanced to the fifth order of business to consider Senate Bill No. 6034, which was held on the desk earlier today.
MOTION
Senator Gaspard moved that the rules be suspended and Senate Bill No. 6034 be advanced to second reading and placed on the second reading calendar.
Debate ensued.
MOTION WITHDRAWN
On motion of Senator Gaspard and there being no objection, the motion to suspend the rules and advance Senate Bill No. 6034 to second reading was withdrawn.
POINT OF INQUIRY
Senator Newhouse: "Senator Gaspard, is it the intent of the majority to fully consider the issues related to the employer mandate--those of a commission, those of the other parts of the bill passed two years ago?"
Senator Gaspard: "Senator Newhouse, the measure before us is only the measure to repeal the employer mandate. The rest of our commitment, in a bipartisan way with your side of the aisle, is to continue to work the health care improvements that we want to make this session. We will have another measure before us, whether it is a Senate Bill coming out of Senator Quigley's committee or a House bill, a measure dealing with health care will be before this body at a later date. It was only our hope that we could deal with the employer mandate issue and put that aside--put that aside--and have that decided this morning. Unfortunately, that is not able to take place."
MOTION
On motion of Senator Spanel, Senate Bill No. 6034 was referred to the Committee on Health and Long-Term Care.
MOTION
On motion of Senator Spanel, the Senate advanced to the sixth order of business.
SECOND READING
SENATE BILL NO. 5279, by Senators Prentice, Roach, Prince, Spanel, Hale, Heavey, Kohl, Sellar and C. Anderson
Authorizing fees for certain small loans.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5279 was substituted for Senate Bill No. 5279 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5279 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. 5279.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5279 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
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, 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 - 48.
Voting nay: Senator Pelz - 1.
SUBSTITUTE SENATE BILL NO. 5279, 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. 5119, by Senators Bauer, Long, Winsley, Loveland, Newhouse, Fraser, Gaspard, Haugen, Sutherland and McAuliffe
Modifying the cost of living allowance for retirement purposes.
MOTIONS
On motion of Senator Bauer, Substitute Senate Bill No. 5119 was substituted for Senate Bill No. 5119 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. 5119 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. 5119.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5119 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Anderson, C., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, 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 - 47.
Voting nay: Senators Cantu and Morton - 2.
SUBSTITUTE SENATE BILL NO. 5119, 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 12:05 p.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Tuesday, February 28, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate