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JOURNAL OF THE SENATE
STATE OF WASHINGTON
1995 THIRD SPECIAL SESSION
FIFTY-FOURTH LEGISLATURE
FIRST DAY
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MORNING SESSION
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Senate Chamber, Olympia, Thursday, October 12, 1995
The Senate of the 1995 Third Special Session of the Fifty-fourth Legislature of the state of Washington was called to order at 10:00 a.m. by Lieutenant Governor Joel Pritchard, President of the Senate. The Secretary called the roll and announced to the President that all Senators were present except Senators Long, Quigley, Sellar and Winsley. On motion of Senator Spanel, Senator Quigley was excused. On motion of Senator McDonald, Senators Long, Sellar and Winsley were excused.
The Sergeant at Arms Color Guard, consisting of staff members Nina Weld and Myrna Beebe, presented the Colors. President Pritchard offered the prayer.
PROCLAMATION BY THE GOVERNOR
WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the Washington State Constitution, the 1995 Regular Session of the Legislature adjourned April 23, 1995, the 105th day of the session; and
WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the Washington State Constitution, the 1995 First Special Session of the Legislature adjourned May 23, 1995, the 30th day; and
WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the Washington State Constitution, the 1995 Second Special Session of the Legislature adjourned May 25, 1995, the 2nd day; and
WHEREAS, it is now necessary for me to convene a Third Special Session for the purpose of addressing matters related to stadium financing;
NOW, THEREFORE, I, Mike Lowry, Governor of the state of Washington, by virtue of the authority vested in me by Article II, Section 12 (Amendment 68) and Article III, Section 7, of the Washington State Constitution, do hereby convene the Legislature of the state of Washington on Thursday, the twelfth day of October, 1995, at 10:00 a.m. in Special Session in the Capitol at Olympia for the purpose stated herein.
(SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Seal of the state of Washington to be affixed at Olympia,
this 11th day of October, A.D., nineteen hundred and ninety-five.
MIKE LOWRY,
Governor of Washington
BY THE GOVERNOR:
DONALD WHITING
Assistant Secretary of State
APPOINTMENT OF SENATOR, 43rd DISTRICT
KING COUNTY COUNCIL
September 28, 1995 Introduced by Ron Sims, Maggi Fimia, Greg Nickels, Kent Pullen
Proposed No. 95-677
MOTION NO. 9667
A MOTION making an appointment to the vacancy for the Washington State Senate 43rd District.
BE IT MOVED by the Council of King County;
Pat Thibaudeau is hereby appointed to the vacancy for the Washington State Senate 43rd District.
PASSED by a vote of 9 to 0 this 2nd day of October, 1995.
KING COUNTY COUNCIL
KING COUNTY, WASHINGTON
Kent Pullen
(SEAL) Chair
ATTEST:
Gerald A. Peterson
Clerk of the Council
OATH OF OFFICE
OATH OF SENATOR FOR THE STATE OF WASHINGTON
FORTY-THIRD LEGISLATIVE DISTRICT
I, Pat Thibaudeau, do solemnly swear that I will uphold the Constitution and Laws of the United States of America, the Constitution and Laws of the state of Washington, and the rules of the Washington State Senate, and that I will faithfully perform the duties of State Senator to the best of my ability, so help me God.
SENATOR PAT THIBAUDEAU
Subscribed and sworn to before me this 3rd day of October, 1995
Supreme Court Justice, Philip A. Talmadge
EDITOR'S NOTE:
The following message from the Washington Citizens Commission on Salaries (Chapter 1, E2) was received after the Second Special Session.
MESSAGE FROM STATE AGENCY
STATE OF WASHINGTON
WASHINGTON CITIZENS COMMISSION
ON SALARIES FOR ELECTED OFFICIALS
406 Legion Way SE P.O. Box 43120
Olympia, Washington 98504
CERTIFICATION OF ADOPTION OF SALARIES
FOR ELECTED OFFICIALS OF THE EXECUTIVE,
LEGISLATIVE, AND JUDICIAL BRANCHES
CERTIFICATE
I, Colleen Hoss, Chair of the Washington Citizens' Commission on Salaries for Elected Officials, do hereby certify that the 1995 Washington Citizens' Commission on Salaries for Elected Officials adopted the attached schedule of salaries for the elected officials of the executive, legislative and judicial branches of the state of Washington; and that this schedule was adopted in accordance with Article XXVII, section 1 of the Washington Constitution and RCW 43.03.300-310 by not less that nine members of the Commission.
COLLEEN HOSS, Chair
May 26, 1995
Date
The Report from the Washington Citizens Commission on Salaries for Elected Officials is on file in the Office of the Secretary of the Senate.
MESSAGE FROM THE SECRETARY OF STATE
The Honorable Joel Pritchard
President of the Senate
Legislature of the State of Washington
Olympia, Washington 98504
MR. PRESIDENT:
We respectfully transmit for your consideration the following bill which was vetoed by the Governor, together with the official veto message of the Governor setting forth his objections to the bill as required by Article III, section 12, of the Washington State Constitution:
SUBSTITUTE SENATE BILL NO. 5231
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed the Seal of the state of Washington at Olympia,
this twelfth day of October, 1995.
(Seal) RALPH MUNRO,
Secretary of State
VETOED BILL
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 5231
June 14, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval, Substitute Senate Bill No. 5231 entitled:
"AN ACT Relating to the tort liability account;"
Substitute Senate Bill No. 5231 creates a sub-account within the state's Tort Liability Account comprised only of premium payments from the Motor Vehicle Account and transportation accounts. It allows the new sub-account to retain its interest earnings and creates a separate transportation risk management advisory subcommittee.
This separate risk management account for transportation agencies is not necessary and only contributes additional administrative work with little benefit to the public. Transportation agencies are already individually monitored within the statewide risk pool to calculate risk and premium assessments. In addition, the bill promotes inconsistent treatment of state fund sources since the new transportation sub-account would be the only account in the risk management pool to retain interest earnings. This change would result in lost revenue to the General Fund. Finally, the creation of a separate transportation risk management advisory subcommittee duplicates the work currently being done by the statewide Risk Management Advisory Committee.
For these reasons, I have vetoed Substitute Senate Bill No. 5231 in its entirety.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE SECRETARY OF STATE
The Honorable Joel Pritchard
President of the Senate
Legislature of the State of Washington
Olympia, Washington 98504
MR. PRESIDENT:
We respectfully transmit for your consideration the following bills which have been partially vetoed by the Governor, together with the official veto message of the Governor setting forth his objections to the sections or items of each of the bills as required by Article III, section 12, of the Washington State Constitution:
Sections 3 and 4, SECOND ENGROSSED SENATE BILL NO. 5555, the remainder of which has been designated Chapter 12, Laws of 1995 First Special Session;
Section 2, SENATE BILL NO. 6010, the remainder of which has been designated Chapter 13, Laws of 1995 First Special Session.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed the Seal of the state of Washington at Olympia,
this twelfth day of October, 1995.
(Seal) RALPH MUNRO,
Secretary of State
PARTIALLY VETOED BILLS
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SECOND ENGROSSED SENATE BILL NO. 5555
June 14, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 3 and 4, Second Engrossed Senate Bill No. 5555 entitled:
"AN ACT Relating to taxation of massage services;"
Second Engrossed Senate Bill No. 5555 provides that massage services no longer would be subject to the retail sales tax, but would continue to be taxed at the same business and occupation tax rate as retailers.
Massage services were added to the list of services subject to the retail sales tax in 1993. The state further agreed that medically-ordered massage was part of physical therapy services and should remain taxable under the service classification. Massage therapists performing both medically-ordered massage and discretionary massage services were forced to report under two classifications.
Massage therapists have argued since the change in 1993 that they are health care professionals and should be taxed, as are most other health care professionals, under the service classification of the business and occupation tax.
Although the bill orders massage services to be taxed under the new, special rate, it does not end the distinction between medically-ordered massage and discretionary massage.
Thus, in order to return the massage therapists to the tax status they enjoyed prior to the 1993 legislative session, I am vetoing sections 3 and 4 of Second Engrossed Senate Bill No. 5555. This will have the effect of removing massage services from the retail sales tax, making all massage services taxable at a single rate. With this veto, massage services will be taxed under the service and other business and occupation tax.
For these reasons, I have vetoed sections 3 and 4 of Second Engrossed Senate Bill No. 5555.
With the exception of sections 3 and 4, Second Engrossed Senate Bill No. 5555 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SENATE BILL NO. 6010
June 14, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 2, Senate Bill No. 6010 entitled:
"AN ACT Relating to the learning assistance program;"
Senate Bill No. 6010 changes the state funding formula for the learning assistance program beginning with the 1995-96 school year. Section 2 contains an emergency clause indicating this act is necessary "for the immediate preservation of the public peace, health, or safety, or support of the state government." However, the new formula starts with the beginning of the 1995-96 school year, which is not until September 1, 1995. Preventing this bill from being subject to a referendum under Article II, section 1(b) of the state Constitution unnecessarily denies the people of this state their power, at their own option, to approve or reject this bill at the polls.
For this reason, I am vetoing section 2 of Senate Bill No. 6010.
With the exception of section 2, Senate Bill No. 6010 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGES FROM THE GOVERNOR
BILLS SIGNED AFTER SECOND SPECIAL SESSION
June 9, 1995
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on June 8, 1995, Governor Lowry approved the following Senate Bill entitled:
Second Engrossed Substitute Senate Bill No. 5201
Relating to sales and use tax on manufacturing machinery and equipment, pollution control equipment, and high technology research and development.
Sincerely,
KENT CAPUTO, Legal Counsel to the Governor
June 14, 1995
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on June 14, 1995, Governor Lowry approved the following Senate Bill entitled:
Engrossed Senate Bill No. 5269
Relating to raffle tickets.
Sincerely,
KENT CAPUTO, Legal Counsel to the Governor
June 14, 1995
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on June 14, 1995, Governor Lowry approved the following Senate Bills entitled:
Second Engrossed Substitute Senate Bill No. 5001
Relating to the property taxation of senior citizens and persons retired because of physical disability.
Engrossed Substitute Senate Bill No. 5325
Relating to higher education fiscal matters.
Engrossed Substitute Senate Bill No. 5408
Relating to school bus acquisitions.
Second Engrossed Senate Bill No. 5529
Relating to school district levies.
Second Engrossed Substitute Senate Bill No. 6049
Relating to financing of public stadiums used by professional sports teams.
Substitute Senate Bill No. 6058
Relating to local public health governance and financing.
Senate Bill No. 6073
Relating to amending RCW 46.63.020 to include reference to section 5 of Substitute Senate Bill No. 5141.
Substitute Senate Bill No. 6077
Relating to probationary licenses and reissue charges for alcohol-related offenses.
Sincerely,
KENT CAPUTO, Legal Counsel to the Governor
June 15, 1995
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on June 15, 1995, Governor Lowry approved the following Senate Bill entitled:
Engrossed Substitute Senate Bill No. 5739
Relating to sales by nonprofit organizations.
Sincerely,
KENT CAPUTO, Legal Counsel to the Governor
June 15, 1995
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on June 15, 1995, Governor Lowry approved the following Senate Bill entitled:
Second Engrossed Senate Bill No. 5852
Relating to the presidential preference primary.
Sincerely,
KENT CAPUTO, Legal Counsel to the Governor
June 16, 1995
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on June 16, 1995, Governor Lowry approved the following Senate Bills entitled:
Second Engrossed Substitute Senate Bill No. 5000
Relating to property tax reductions.
Substitute Senate Bill No. 5364
Relating to transportation bonds.
Sincerely,
KENT CAPUTO, Legal Counsel to the Governor
INTRODUCTION AND FIRST READING
SB 6085 by Senators Gaspard and McDonald (by request of Governor Lowry)
Financing public sports facilities.
MOTION
On motion of Senator Spanel, the rules were suspended, Senate Bill No. 6085 was advanced to second reading and placed on the second reading calendar.
PERSONAL PRIVILEGE
Senator Gaspard: "Mr. President, I would like to rise to a point of personal privilege. A new session brings with us a new member and it is with pleasure that we welcome Senator Pat Thibaudeau to the Senate. It also reminds me of the losses that we have suffered as a family of the Senate. I think it would be appropriate for this Senate to pause for a moment of silence to remember part of our family--Senator Cal Anderson and the wife of Senator McCaslin, Wanda McCaslin. With that, Mr. President, I request that the Senate have a moment of silence."
MOMENT OF SILENCE
The Senate stood for a moment of silence in remembrance of Senator Cal Anderson and Wanda McCaslin.
MOTION
At 10:12 a.m., on motion of Senator Gaspard, the Senate was declared to be at ease.
The Senate was called to order at 3:57 p.m. by President Pritchard.
MOTION
At 3:57 p.m., on motion of Senator Gaspard, the Senate was declared to be at ease.
The Senate was called to order at 5:51 p.m. by President Pritchard.
MOTION
At 5:52 p.m., on motion of Senator Spanel, the Senate adjourned until 9:00 a.m., Friday, October 13, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate