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EIGHTY-EIGHTH DAY


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MORNING SESSION


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Senate Chamber, Olympia, Thursday, April 6, 1995

      The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cal Anderson, Fairley, Moyer, Pelz, Rasmussen and Rinehart. On motion of Senator Loveland, Senators Cal Anderson, Fairley, Pelz, Rasmussen and Rinehart were excused. On motion of Senator Wood, Senator Moyer was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Becky Peterson and Carmen Peterson, presented the Colors. Reverend Sandra Lee, pastor of the Olympia Unitarian Universalist 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.


MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENT


April 4, 1995


TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following appointment, subject to your confirmation.

      Annette Sandberg, appointed April 5, 1995, as Chief of the Washington State Patrol, for a term ending at the pleasure of the Governor.

Sincerely,

                                                                                                                                                                                    MIKE LOWRY, Governor

      Referred to Committee on Transportation.


MESSAGES FROM THE HOUSE

April 5, 1995

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE SENATE BILL NO. 5040,

      SENATE BILL NO. 5078,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5093,

      SENATE BILL NO. 5098,

      SUBSTITUTE SENATE BILL NO. 5234,

      ENGROSSED SENATE BILL NO. 5243,

      SENATE BILL NO. 5251,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5253, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 5, 1995

MR. PRESIDENT:

      The Speaker has signed:

      HOUSE BILL NO. 1041,

      HOUSE BILL NO. 1188,

      HOUSE BILL NO. 1223,

      SUBSTITUTE HOUSE BILL NO. 1453,

      HOUSE BILL NO. 1498,

      HOUSE BILL NO. 1706, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 5, 1995

MR. PRESIDENT:

      The Speaker has signed:

      SUBSTITUTE SENATE BILL NO. 5022,

      SENATE BILL NO. 5027,

      SUBSTITUTE SENATE BILL NO. 5129,

      SUBSTITUTE SENATE BILL NO. 5279,

      SENATE BILL NO. 5630,

      SUBSTITUTE SENATE BILL NO. 5660,

      SUBSTITUTE SENATE BILL NO. 5997, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk




SIGNED BY THE PRESIDENT


      The President signed:

      SUBSTITUTE SENATE BILL NO. 5040,

      SENATE BILL NO. 5078,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5093,

      SENATE BILL NO. 5098,

      SUBSTITUTE SENATE BILL NO. 5234,

      ENGROSSED SENATE BILL NO. 5243,

      SENATE BILL NO. 5251,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5253.


SIGNED BY THE PRESIDENT


      The President signed:

      HOUSE BILL NO. 1041,

      HOUSE BILL NO. 1188,

      HOUSE BILL NO. 1223,

      SUBSTITUTE HOUSE BILL NO. 1453,

      HOUSE BILL NO. 1498,

      HOUSE BILL NO. 1706.


SECOND READING

GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Hargrove, Gubernatorial Appointment No. 9049, John Murphy, as a member of the State Hospital Eastern Washington Advisory Board, was confirmed.


APPOINTMENT OF JOHN MURPHY


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.

      Excused: Senators Anderson, C., Fairley, Moyer, Pelz, Rasmussen and Rinehart - 6.


MOTIONS


      On motion of Senator Sheldon, Senator Loveland was excused.

      On motion of Senator Wood, Senator Hale was excused.


MOTION


      On motion of Senator Owen, Gubernatorial Appointment No. 9051, Eugene G. "Pat" Patterson, as a member of the Transportation Commission, was confirmed.

      Senators Owen and Prince spoke to the confirmation of Eugene G. "Pat" Patterson, as a member of the Transportation Commission.


APPOINTMENT OF EUGENE G. "PAT" PATTERSON


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.

      Excused: Senators Anderson, C., Fairley, Hale, Loveland, Moyer and Rinehart - 6.


MOTION


      On motion of Senator Smith, Gubernatorial Appointment No. 9110, Reginald T. Roberts, as a member of the Clemency and Pardons Board, was confirmed.


APPOINTMENT OF REGINALD T. ROBERTS


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.

      Excused: Senators Anderson, C., Fairley, Hale, Loveland, Moyer and Rinehart - 6.


INTRODUCTION OF SPECIAL GUEST


      The President welcomed and introduced Dr. Geza Jeszenszky, a member of the Parliament of Hungary and former Minister of Foreign Affairs, who was seated in the gallery.


SECOND READING


      SENATE CONCURRENT RESOLUTION NO. 8402, by Senators Wojahn, Sellar, Snyder, Newhouse, Gaspard, Fairley, Swecker, Deccio, Palmer, Drew, McDonald, Oke, Sutherland, Winsley and Rasmussen

 

Entering Washington state into a sister state relationship with Taiwan.


MOTIONS


      On motion of Senator Wojahn, Substitute Senate Concurrent Resolution No. 8402 was substituted for Senate Concurrent Resolution No. 8402 and the substitute concurrent resolution was read the second time.

      On motion of Senator Wojahn, the following amendment by Senators Wojahn, Gaspard, Snyder, Sellar Newhouse and Prince was adopted:

      On page 1, beginning on line 1 of the concurrent resolution, strike the remainder of the resolution and insert the following:

      "WHEREAS, The State of Washington in the United States of America and Taiwan have an extensive cultural, economic, and political relationship; and

      WHEREAS, The manifestation of these relationships can be found in the fact that more than seven and one-half billion dollars in trade was done between the State of Washington and Taiwan in 1993, and Taiwan is the fourth most important source of foreign tourists to Washington; and

      WHEREAS, The State of Washington has chosen to recognize the special nature of the relationship of the partners by the establishment of a Trade Office in Taipei; and

      WHEREAS, The benefits of a continued expansion of trade between the State of Washington and Taiwan include increases in trade-related employment and greater markets for the products of both states; and

      WHEREAS, The State of Washington and Taiwan have worked together to have officially sponsored exchanges in the fine arts, recreation, and political fields; and

      WHEREAS, Such exchanges provide opportunities for the people of the State of Washington and the people of Taiwan to benefit by gaining a greater appreciation for the history, fine arts, political institutions, and culture of each other;

      NOW, THEREFORE, BE IT RESOLVED, By the Senate of the State of Washington, the House of Representatives concurring, That the Governor of the State of Washington is requested to enter into a sister state relationship with Taiwan; and

      BE IT FURTHER RESOLVED, That the Governor of the State of Washington is encouraged to continue to use the influence of the Office of Governor to promote increased trade, cultural exchanges, and tourism between the two sister states; and

      BE IT FURTHER RESOLVED, That a Memorandum of Understanding between the states implementing the sister state relationship should identify an association within each state that will, at a minimum:

      (1) Sustain and enhance cooperation between the two states, with special emphasis on urban management and development, arts, trade, culture, and education;

      (2) For the State of Washington, establish a Trade, Investment, and Tourism Committee with representatives from the Governor's Office, the Department of Community, Trade, and Economic Development, one or more public ports, the tourist and convention industry, the Trade Development Alliance of Greater Seattle, one or more economic development councils, and growers of exported agricultural products; and

      (3) For the Province of Taiwan, a similar committee may be established; and

      BE IT FURTHER RESOLVED, That the associations and their committees shall have as members representatives of their respective business communities and other interested individuals and entities; and

      BE IT FURTHER RESOLVED, That the associations and their committees shall be led by officers to coordinate and energize their activities and raise and provide funds to pay the costs of government officials' activities in the furtherance of the goals of the associations; and

      BE IT FURTHER RESOLVED, That the officers and members of both associations shall endeavor to meet together as a group at least annually and will visit one another as frequently as schedules permit, with coordination guided through the exchange of annual work plans and budgets."


MOTION


      On motion of Senator Wojahn, the rules were suspended, Engrossed Substitute Senate Concurrent Resolution No. 8402 was advanced to third reading, the second reading considered the third and the concurrent resolution 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 Concurrent Resolution No. 8402.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Concurrent Resolution No. 8402, and the concurrent resolution passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, 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 - 44.

      Excused: Senators Anderson, C., Fairley, Hale, Loveland and Moyer - 5.

      ENGROSSED SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8402, having received the constitutional majority, was declared passed.


MOTION


      At 9:32 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 10:39 a.m. by President Pritchard.


      There being no objection, the President returned the Senate to the third order of business.


MESSAGE FROM THE GOVERNOR


June 17, 1994

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following reappointment, subject to your confirmation.

      John Little, reappointed June 17, 1994, for a term ending June 17, 1999, as a member of the Human Rights Commission.

Sincerely,

                                                                                                                                                                                    MIKE LOWRY, Governor

      Referred to Committee on Law and Justice.


      There being no objection, the President advanced the Senate to the fourth order of business.


MESSAGES FROM THE HOUSE

April 5, 1995

MR. PRESIDENT:

      The House has passed:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1070,

      SUBSTITUTE HOUSE BILL NO. 1071, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 5, 1995

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE SENATE BILL NO. 5463,

      SUBSTITUTE SENATE BILL NO. 5479,

      SENATE BILL NO. 5520,

      SENATE BILL NO. 5563,

      SENATE BILL NO. 5575,

      SENATE BILL NO. 5583,

      SENATE BILL NO. 5584,

      SUBSTITUTE SENATE BILL NO. 5609,

      SENATE BILL NO. 5625,

      SUBSTITUTE SENATE BILL NO. 5688,

      SENATE BILL NO. 5699, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 5, 1995

MR. PRESIDENT:

      The Speaker has signed:

      SUBSTITUTE HOUSE BILL NO. 1001,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1125,

      HOUSE BILL NO. 1285,

      HOUSE BILL NO. 1687,

      HOUSE BILL NO. 1702, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      SUBSTITUTE SENATE BILL NO. 5463,

      SUBSTITUTE SENATE BILL NO. 5479,

      SENATE BILL NO. 5520,

      SENATE BILL NO. 5563,

      SENATE BILL NO. 5575,

      SENATE BILL NO. 5583,

      SENATE BILL NO. 5584,

      SUBSTITUTE SENATE BILL NO. 5609,

      SENATE BILL NO. 5625,

      SUBSTITUTE SENATE BILL NO. 5688,

      SENATE BILL NO. 5699.


SIGNED BY THE PRESIDENT


      The President signed:

      SUBSTITUTE HOUSE BILL NO. 1001,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1125,

      HOUSE BILL NO. 1285,

      HOUSE BILL NO. 1687,

      HOUSE BILL NO. 1702.


      There being no objection, the President advanced the Senate to the fifth order of business.


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

ESHB 1070        by House Committee on Capital Budget (originally sponsored by Representatives Sehlin, Ogden, Dellwo, Schoesler, Sheahan and Chopp) (by request of Office of Financial Management)

 

Adopting the capital budget.

 

Referred to Committee on Ways and Means.

 

SHB 1071          by House Committee on Capital Budget (originally sponsored by Representatives Sehlin, Ogden and Dellwo) (by request of Office of Financial Management)

 

Authorizing general obligation bonds for costs incidental to the 1995-97 biennium.

 

Referred to Committee on Ways and Means.


MOTION


      On motion of Senator Spanel, the Senate advanced to the eighth order of business.


MOTION


      On motion of Senator Kohl, the following resolution was adopted:


SENATE RESOLUTION 1995-8638


By Senators Kohl, Wood, Drew, Fraser, Prentice, McAuliffe, Johnson, Hale, Rinehart, Finkbeiner, Spanel, Sheldon, Wojahn, Long, Hargrove, Haugen, Bauer, Snyder, Franklin, Fairley, Gaspard, Loveland, Pelz, Sutherland, Rasmussen, Quigley, Roach, Schow, Heavey, Smith, Hochstatter and Winsley


      WHEREAS, Children are our most precious resource and represent the future of our nation; and

      WHEREAS, An ever increasing number of Washington State households rely on both parents working outside the home to support their families; and

      WHEREAS, More and more single parents require child care in order to avoid dependence upon welfare; and

      WHEREAS, High-quality child care is essential to the health, safety and well-being of at least 150,000 Washington State children; and

      WHEREAS, The economic vitality of the state depends upon the available of the every potential member of the work force, many of whom rely on child care services; and

      WHEREAS, Our state has thousands of dedicated workers who provide quality child care in homes, centers and schools; and

      WHEREAS, Child care workers typically earn low wages and have limited access to training; and

      WHEREAS, The well-being of our children is the responsibility of parents, community organizations, businesses and government at the local, state and national levels; and

      WHEREAS, Washington State provided $207 million to subsidize child care for needy families during the 1993-95 biennium and the need continues to grow;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby recognizes the value of a statewide system of safe, high-quality and affordable child care; and

      BE IT FURTHER RESOLVED, That the Senate recognize on this day, the sixth of April, the valuable contribution of the thousands of professional child care workers across the state who are the foundation of our state's child care system.


      Senators Kohl, Wood and Hochstatter spoke to Senate Resolution 1995-8638.



      There being no objection, the President returned the Senate to the sixth order of business.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1873, by House Committee on Law and Justice (originally sponsored by Representatives Padden, Costa and Hickel) (by request of Attorney General Gregoire)

 

Regulating consumer leases.


      The bill was read the second time.


MOTION


      On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 1873 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 House Bill No. 1873.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1873 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, 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 - 45.

      Absent: Senator Kohl - 1.

      Excused: Senators Anderson, C., Fairley and Moyer - 3.

      SUBSTITUTE HOUSE BILL NO. 1873, 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


      SUBSTITUTE HOUSE BILL NO. 1632, by House Committee on Natural Resources (originally sponsored by Representatives Horn, Basich and Fuhrman)

 

Exchanging certain public lands.


      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, beginning on line 13, after "areas" strike ", waterways, or other bedlands" and insert "or waterways"

      On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 1632, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Loveland, Senator Smith was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1632, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1632, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

      Voting nay: Senator Heavey - 1.

      Excused: Senators Anderson, C., Fairley, Moyer and Smith - 4.

      SUBSTITUTE HOUSE BILL NO. 1632, as amended by the Senate, 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


      HOUSE BILL NO. 1068, by Representatives Brumsickle, Chappell and Radcliff

 

Preserving port district debt limits.


      The bill was read the second time.


MOTION


      On motion of Senator Haugen, the rules were suspended, House Bill No. 1068 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. 1068.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1068 and the bill passed the Senate by the following vote:

Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

      Excused: Senators Anderson, C., Fairley, Moyer and Smith - 4.

      HOUSE BILL NO. 1068, 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


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1679, by House Committee on Commerce and Labor (originally sponsored by Representatives Cole, Lisk, Horn, Cody, Romero, Ballasiotes, Conway, Jacobsen and Patterson)

 

Revising regulation of security guards and private investigators.


      The bill was read the second time.


MOTIONS


      On motion of Senator Pelz, the following Committee on Labor, Commerce and Trade amendment was adopted:

      On page 26, line 14, after "(21)" insert "Assisting a client to locate, trace, or contact a person when the investigator knows that the client is prohibited by any court order from harassing or contacting the person whom the investigator is being asked to locate, trace, or contact, as it pertains to domestic violence, stalking, or minor children;

      (22)"

      Renumber the remaining subsection consecutively.

      On motion of Senator Pelz, the rules were suspended, Engrossed Substitute House Bill No. 1679, as amended by the Senate, 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 House Bill No. 1679, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1679, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.

      Absent: Senators Newhouse and Snyder - 2.

      Excused: Senators Anderson, C., Fairley, Moyer and Smith - 4.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1679, as amended by the Senate, 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


      HOUSE BILL NO. 1213, by Representatives Brumsickle, Grant, Cody, Basich and McMahan

 

Revising provisions relating to liability in training of emergency service medical personnel.


      The bill was read the second time.


MOTION


      On motion of Senator Quigley, the rules were suspended, House Bill No. 1213 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. 1213.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1213 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, 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 - 46.

      Excused: Senators Anderson, C., Fairley and Moyer - 3.

      HOUSE BILL NO. 1213, 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


      HOUSE BILL NO. 1282, by Representatives Fuhrman, Mastin, Buck, Goldsmith, Koster, Padden, Mulliken, Lambert, Crouse, Thompson, Basich, Hargrove, Sheldon, McMahan, Pelesky, Sheahan, Boldt and Elliot

 

Authorizing landowners to kill coyotes and Columbian ground squirrels.


      The bill was read the second time.


MOTIONS


      On motion of Senator Drew, the following Committee on Natural Resources amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 77.12.265 and 1987 c 506 s 35 are each amended to read as follows:

      The owner, the owner's immediate family member, the owner's documented employee, or tenant of real property may trap or kill on that property, without the licenses required under RCW 77.32.010, wild animals or wild birds, other than an endangered species, that ((is)) are damaging crops, domestic animals, fowl, or other property. Except in emergency situations, deer, elk, and protected wildlife shall not be killed without a permit issued and conditioned by the director. The director may delegate this authority.

      For the purposes of this section, "emergency" means an unforeseen circumstance beyond the control of the landowner or tenant that presents a real and immediate threat to crops, domestic animals, fowl, or other property.

      Alternatively, when sufficient time for the issuance of a permit by the director is not available, verbal permission may be given by the appropriate department regional administrator to owners or tenants of real property to trap or kill on that property any deer, elk, or protected wildlife which is damaging crops, domestic animals, fowl, or other property. The regional administrator may delegate, in writing, a member of the regional staff to give the required permission in these emergency situations. Nothing in this section authorizes in any situation the trapping, hunting, or killing of an endangered species.

      Except for coyotes and Columbian ground squirrels, wildlife trapped or killed under this section remain((s)) the property of the state, and the person trapping or killing the wildlife shall notify the department immediately. The director shall dispose of wildlife so taken within three working days of receiving such a notification.

      If the department receives recurring complaints regarding property being damaged as described in this section from the owner or tenant of real property, or receives such complaints from several such owners or tenants in a locale, the commission shall consider conducting a special hunt or special hunts to reduce the potential for such damage.

      For purposes of this section, "crop" means an agricultural or horticultural product growing or harvested and includes wild shrubs and range land vegetation on privately owned cattle ranching lands. On such lands, the land owner or lessee may declare an emergency when the department has not responded within forty-eight hours after having been contacted by the land owner or lessee regarding crop damage by wild animals or wild birds. However, the department shall not allow claims for damage to wild shrubs or range land vegetation on such lands.

      Deer and elk shall not be killed under the authority of this section on privately owned cattle ranching lands that were closed to public hunting during the previous hunting season, except for land closures which are coordinated with the department to protect property and livestock.

      The department shall work closely with landowners and tenants suffering game damage problems to control damage without killing the animals when practical, to increase the harvest of damage-causing animals in hunting seasons, or to kill the animals when no other practical means of damage control is feasible.

      For the purposes of this section, "immediate family member" means spouse, brother, sister, grandparent, parent, child, or grandchild."

      On motion of Senator Drew, the following title amendment was adopted:

      On page 1, line 2 of the title, after "crops;" strike the remainder of the title and insert "and amending RCW 77.12.265."


MOTION


      On motion of Senator Drew, the rules were suspended, House Bill No. 1282, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


POINT OF INQUIRY


      Senator Franklin: "Senator Drew, I have a family of squirrels that live in my neighborhood on my street in a very tall tree--that comes to my patio and my grandchildren love to watch them. Will this affect those squirrels?"

      Senator Drew: "No, it won't, because I don't believe they are damaging anyone's property and they probably are not Columbian ground squirrels."

      Senator Franklin: "They don't grow in Western Washington--Columbian ground squirrels? Columbian ground squirrels don't grow in Western Washington?"

      Senator Drew: "I think your grandchildren will be fine."

      Senator Franklin: "Thank you, Senator Drew."

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1282, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1282, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, 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 - 46.

      Excused: Senators Anderson, C., Fairley and Moyer - 3.

      HOUSE BILL NO. 1282, as amended by the Senate, 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


      SUBSTITUTE HOUSE BILL NO. 1035, by House Committee on Children and Family Services (originally sponsored by Representatives Thibaudeau, Morris, Scott, Tokuda, Costa, Mason, Brown, Ogden, Basich, Wolfe, Patterson and Chopp)

 

Establishing notification and referral procedures for deaths occurring in children's residential facilities and in facilities serving developmentally disabled persons.


      The bill was read the second time.


MOTIONS


      On motion of Senator Wojahn, the following Committee on Health and Long-Term Care amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The department of health, in conjunction with the department of social and health services, local health jurisdictions, coroners, medical examiners, and other appropriate entities, shall develop a consistent process for review of all unexpected deaths of minors who are in the care of or receiving those services described in chapter 74.13 RCW from the department of social and health services. For purposes of this section an "unexpected death of a minor" is a death not resulting from a diagnosed terminal illness or other debilitating or deteriorating illness or condition where death is anticipated.

      (2) The department of health shall report its findings and recommendations to the legislature by November 1, 1995."

      On motion of Senator Wojahn, the following title amendment was adopted:

      On page 1, line 3 of the title, after "services;" strike the remainder of the title and insert "and creating a new section."


MOTION


      On motion of Senator Wojahn, the rules were suspended, Substitute House Bill No. 1035, as amended by the Senate, 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 House Bill No. 1035, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1035, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, 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 - 46.

      Excused: Senators Anderson, C., Fairley and Moyer - 3.

      SUBSTITUTE HOUSE BILL NO. 1035, as amended by the Senate, 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 advanced to the eighth order of business.


MOTION


      On motion of Senator Hargrove, the following resolution was adopted:


SENATE RESOLUTION 1995-8636


By Senators Hargrove, Prince, Sheldon and Moyer


      WHEREAS, The state of Washington applauds those educators who promote and encourage an interest in science by providing quality science experiences for students and teachers; and

      WHEREAS, Gail Demo Smith and Heather Cassidy have been named to the 1995 Honor Roll of Teachers by the Association of Science-Technology Centers and Pacific Science Center for their exemplary use of community resources to enhance and expand the science enrichment opportunities available to students and teachers; and

      WHEREAS, Gail Demo Smith, a physical education specialist at Cottonwood Elementary in Bremerton, has done a great deal to enhance science education at Cottonwood Elementary and other schools in the Central Kitsap School District by incorporating health and science into her physical education classes, coordinating the Bremerton Science Celebration Classes, and scheduling the Science on Wheels Van Program in the Central Kitsap School District; and

      WHEREAS, Heather Cassidy, a biology teacher at Chase Middle School in Spokane, has expanded the science enrichment opportunities available to Spokane area residents by developing and leading workshops to share her science teaching skills with other educators, and by establishing the Science Celebration Program in Spokane, where it is now one of the largest Science Celebration sites in the state, drawing children from all around Spokane and from Idaho; and

      WHEREAS, Gail Demo Smith and Heather Cassidy, along with approximately forty other educators nation-wide being named to the 1995 Honor Roll of Teachers, will be honored in Washington, D.C., on May 4 and 5, 1995, before members of Congress; and

      WHEREAS, The National Science Foundation has declared April 21 through April 29, 1995, National Science and Technology Week to convey the importance of science to the nation;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate commend Gail Demo Smith and Heather Cassidy for their outstanding efforts as science educators; and

      BE IT FURTHER RESOLVED, That the Senate commend the Pacific Science Center for its dedication to providing interactive science, mathematics, and technology education to students and teachers throughout the state of Washington; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Gail Demo Smith, Heather Cassidy, and the Directors of the Association of Science-Technology Centers and Pacific Science Center.


      Senators Hargrove, Sheldon and McAuliffe spoke to Senate Resolution 1995-8636.


INTRODUCTION OF SPECIAL GUEST


      The President welcomed and introduced Gail Demo Smith, who was seated in the gallery.


      There being no objection, the President returned the Senate to the third order of business.

 

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENT


March 1, 1995

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following appointment, subject to your confirmation.

      Diane Ressler, appointed March 1, 1995, for a term ending September 30, 1997, as a member of the Spokane Joint Center for Higher Education.

Sincerely,

                                                                                                                                                                                    MIKE LOWRY, Governor

      Referred to Committee on Higher Education.


      There being no objection, the President advanced the Senate to the fourth order of business.


MESSAGE FROM THE HOUSE

April 5, 1995

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE SENATE BILL NO. 5278,

      SENATE BILL NO. 5294,

      SUBSTITUTE SENATE BILL NO. 5334,

      SUBSTITUTE SENATE BILL NO. 5335,

      SENATE BILL NO. 5351,

      SUBSTITUTE SENATE BILL NO. 5367, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      SUBSTITUTE SENATE BILL NO. 5278,

      SENATE BILL NO. 5294,

      SUBSTITUTE SENATE BILL NO. 5334,

      SUBSTITUTE SENATE BILL NO. 5335,

      SENATE BILL NO. 5351,

      SUBSTITUTE SENATE BILL NO. 5367.


MOTION


      At 11:30 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 4:06 p.m. by President Pritchard.


      There being no objection, the President reverted the Senate to the first order of business.


REPORT OF STANDING COMMITTEE

April 6, 1995

 

SI 159                People of the state of Washington: Increasing penalties for armed crimes. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators, Loveland, Vice Chair; Bauer, Cantu, Finkbeiner, Gaspard, Hochstatter, Johnson, Long, McDonald, Roach, Sheldon, Strannigan, Sutherland and West.


      Passed to Committee on Rules for second reading.


MOTION


      At 4:07 p.m., on motion of Senator Snyder, the Senate adjourned until 9:00 a.m., Friday, April 7, 1995.


JOEL PRITCHARD, President of the Senate


MARTY BROWN, Secretary of the Senate