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NINETEENTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, January 31, 1997

The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Brown, Prentice and Thibaudeau. On motion of Senator Franklin, Senators Brown, Prentice and Thibaudeau were excused.

The Sergeant at Arms Color Guard, consisting of Pages Troy Smith and Stefan Talman, presented the Colors. Reverend Lance Williamson, pastor of the Evergreen Presbyterian Church of Graham, offered the prayer.

MOTION

On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.

REPORTS OF STANDING COMMITTEES

January 30, 1997

SB 5016 Prime Sponsor, Senator McCaslin: Making local improvements. Reported by Committee on Government Operations

MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Anderson, Haugen, Horn and Patterson.

Passed to Committee on Rules for second reading.

January 28, 1997

SB 5017 Prime Sponsor, Senator Roach: Making technical corrections affecting the department of financial institutions. Reported by Committee on Financial Institutions, Insurance and Housing

MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Heavey and Prentice.

Passed to Committee on Rules for second reading.

January 30, 1997

SB 5024 Prime Sponsor, Senator Winsley: Altering the definition of a used mobile home. Reported by Committee on Financial Institutions, Insurance and Housing

MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Winsley, Chair; Finkbeiner, Hale, Heavey, Kline and Prentice.

Referred to Committee on Ways and Means.

January 30, 1997

SB 5028 Prime Sponsor, Senator Sellar: Modifying county treasury management. Reported by Committee on Government Operations

MAJORITY Recommendation: That Substitute Senate Bill No. 5028 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Anderson, Haugen and Horn.

Passed to Committee on Rules for second reading.

January 30, 1997

SB 5056 Prime Sponsor, Senator McCaslin: Limiting property assessments to permitted land use. Reported by Committee on Government Operations

MAJORITY Recommendation: That Substitute Senate Bill No. 5056 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Anderson, Haugen, Horn and Patterson.

Passed to Committee on Rules for second reading.

January 30, 1997

SJR 8204 Prime Sponsor, Senator McCaslin: Amending the Constitution to provide an alternative method of framing a county charter. Reported by Committee on Government Operations

MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Anderson, Haugen and Horn.

Passed to Committee on Rules for second reading.

MESSAGE FROM THE HOUSE

January 29, 1997

MR. PRESIDENT:

The House has adopted HOUSE JOINT MEMORIAL NO. 4008, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

INTRODUCTION AND FIRST READING

SB 5548 by Senators Oke, Prentice, Swecker and Haugen

AN ACT Relating to water-dependent uses; amending RCW 79.90.465, 79.90.480, and 79.90.495; and repealing RCW 79.90.485 and 79.90.490.

Referred to Committee on Natural Resources and Parks.

SB 5549 by Senators Hochstatter, Hargrove, Zarelli, Finkbeiner, Strannigan, Johnson, Stevens and Schow

AN ACT Relating to business and occupation tax credits for educational expenses at private K-12 schools; adding a new section to chapter 82.04 RCW; providing an effective date; and declaring an emergency.

Referred to Committee on Education.

SB 5550 by Senators Deccio, Wood, Wojahn, Franklin, Fairley, Strannigan, Thibaudeau, Hochstatter, Long, Jacobsen, Kline, Kohl and Winsley

AN ACT Relating to health insurance; and adding a new section to chapter 41.04 RCW

Referred to Committee on Health and Long-Term Care.

SB 5551 by Senators Prince, Fraser, Haugen, Jacobsen, McAuliffe and Winsley

AN ACT Relating to significant historic places; and amending RCW 27.34.220 and 27.34.270.

Referred to Committee on Government Operations.

SB 5552 by Senators Winsley, Wojahn, Schow, Franklin, Rasmussen and Haugen

AN ACT Relating to county jail construction and depreciation costs; and amending RCW 82.14.350.

Referred to Committee on Government Operations.

SB 5553 by Senators Wood, Patterson, Horn, Heavey and Winsley

AN ACT Relating to vehicle titling and licensing; and amending RCW 46.70.051, 46.12.170, 82.44.023, and 82.44.060.

Referred to Committee on Transportation.

SB 5554 by Senators Johnson, Roach and Finkbeiner

AN ACT Relating to deeds of trusts; amending RCW 61.24.010, 61.24.040, 61.24.050, 61.24.070, 61.24.080, 61.24.090, 61.24.100, 61.24.110, and 61.24.130; adding a new section to chapter 61.24 RCW; and prescribing penalties.

Referred to Committee on Law and Justice.

SB 5555 by Senators Stevens, Hochstatter, Schow, Zarelli, Roach, Morton, Benton, McCaslin and Oke

AN ACT Relating to parents' rights in education; and adding a new chapter to Title 28A RCW.

Referred to Committee on Education.

SB 5556 by Senators Rasmussen, Long and Winsley

AN ACT Relating to illegitimate autobody repair operations; creating new sections; providing an effective date; and declaring an emergency.

Referred to Committee on Agriculture and Environment.

SB 5557 by Senators Brown, Heavey, Patterson, Franklin, Sheldon, Fairley, Spanel, Kohl, Fraser, Goings and Thibaudeau

AN ACT Relating to private business entities supported by state economic development programs; amending 1994 c 302 s 1 (uncodified); and adding a new chapter to Title 43 RCW.

Referred to Committee on Commerce and Labor.

SB 5558 by Senators Heavey, Franklin, Sheldon, Fairley, Patterson, Spanel, Kohl, Fraser, Goings, Thibaudeau and McAuliffe

AN ACT Relating to compensation during reconsideration or appeal of department of labor and industries' industrial insurance orders; amending RCW 51.52.050; and reenacting and amending RCW 51.52.060.

Referred to Committee on Commerce and Labor.

SB 5559 by Senators Hale, West, Loveland and Anderson

AN ACT Relating to exempting unassisted self-service motor vehicle wash, wax, and vacuum services rendered through coin-operated devices from sales and use taxes; adding a new section to chapter 82.08 RCW; and adding a new section to chapter 82.12 RCW.

Referred to Committee on Ways and Means.

SB 5560 by Senators Schow, Prentice, Snyder, Anderson and Horn

AN ACT Relating to social card games; and amending RCW 9.46.0281.

Referred to Committee on Commerce and Labor.

SB 5561 by Senators Swecker and Snyder

AN ACT Relating to regulation of geoduck harvesting; amending RCW 75.10.190, 75.24.100, 75.30.050, 75.30.280, 79.96.085, 79.96.130, and 82.27.020; adding a new section to chapter 75.30 RCW; recodifying RCW 79.96.085; repealing RCW 79.96.906 and 79.96.080; and prescribing penalties.

Referred to Committee on Natural Resources and Parks.

SB 5562 by Senators Long, Prentice, Wojahn and Deccio

AN ACT Relating to the involuntary commitment of mentally ill persons; amending RCW 71.05.010, 71.05.040, 71.05.050, 71.05.100, 71.05.110, 71.05.150, 71.05.160, 71.05.170, 71.05.180, 71.05.190, 71.05.200, 71.05.210, 71.05.215, 71.05.220, 71.05.230, 71.05.240, 71.05.260, 71.05.270, 71.05.280, 71.05.290, 71.05.300, 71.05.320, 71.05.330, 71.05.340, 71.05.350, 71.05.360, 71.05.370, 71.05.410, 71.05.460, 71.05.470, 71.05.490, 71.05.525, 9A.44.010, and 71.24.025; reenacting and amending RCW 71.05.020; adding a new section to chapter 71.05 RCW; and creating a new section.

Referred to Committee on Human Services and Corrections.

SB 5563 by Senators Winsley, Prentice, Kohl and Kline

AN ACT Relating to credit unions; amending RCW 31.12.025, 31.12.035, 31.12.075, 31.12.085, 31.12.105, 31.12.185, 31.12.225, 31.12.235, 31.12.246, 31.12.255, 31.12.265, 31.12.275, 31.12.285, 31.12.326, 31.12.345, 31.12.365, 31.12.306, 31.12.145, 31.12.155, 31.12.295, 31.12.485, 31.12.317, 31.12.445, 31.12.465, 31.12.705, 31.12.715, 31.12.725, 31.12.516, 31.12.545, 31.12.215, 31.12.575, 31.12.585, 31.12.595, 31.12.605, 31.12.625, 31.12.655, 31.12.665, 31.12.675, 31.12.685, and 31.12.635; reenacting and amending RCW 31.12.005, 31.12.015, 31.12.055, 31.12.065, 31.12.115, 31.12.195, 31.12.335, 31.12.125, 31.12.136, 31.12.385, 31.12.406, 31.12.425, 31.12.435, 31.12.695, 31.12.526, 31.12.555, and 31.12.565; adding new sections to chapter 31.12 RCW; adding a new section to chapter 42.17 RCW; creating a new section; recodifying RCW 31.12.005, 31.12.015, 31.12.025, 31.12.035, 31.12.055, 31.12.065, 31.12.075, 31.12.085, 31.12.105, 31.12.115, 31.12.185, 31.12.195, 31.12.225, 31.12.235, 31.12.246, 31.12.255, 31.12.265, 31.12.275, 31.12.285, 31.12.326, 31.12.335, 31.12.345, 31.12.365, 31.12.306, 31.12.045, 31.12.145, 31.12.155, 31.12.295, 31.12.125, 31.12.136, 31.12.037, 31.12.039, 31.12.385, 31.12.485, 31.12.406, 31.12.317, 31.12.425, 31.12.435, 31.12.445, 31.12.465, 31.12.695, 31.12.705, 31.12.715, 31.12.526, 31.12.725, 31.12.516, 31.12.545, 31.12.555, 31.12.565, 31.12.215, 31.12.575, 31.12.585, 31.12.595, 31.12.605, 31.12.615, 31.12.625, 31.12.655, 31.12.665, 31.12.675, 31.12.685, 31.12.720, 31.12.740, 31.12.735, 31.12.635, and 31.12.902; repealing RCW 31.12.095, 31.12.165, 31.12.206, 31.12.315, 31.12.355, 31.12.376, 31.12.395, 31.12.415, 31.12.455, 31.12.475, 31.12.495, 31.12.506, 31.12.535, 31.12.645, 31.12.903, 31.12.904, 31.12.905, and 43.320.125; prescribing penalties; and providing effective dates.

Referred to Committee on Financial Institutions, Insurance and Housing.

SB 5564 by Senators Stevens, Zarelli, Anderson, Swecker, Hochstatter and Schow

AN ACT Relating to petition for divorce; amending RCW 26.09.030, 4.24.130, 9A.44.010, 10.99.040, 11.07.010, 11.12.051, 13.64.060, 26.09.004, 26.09.010, 26.09.015, 26.09.050, 26.09.060, 26.09.070, 26.09.080, 26.09.090, 26.09.100, 26.09.110, 26.09.138, 26.09.175, 26.09.194, 26.09.210, 26.09.240, 26.09.280, 26.16.205, 26.19.071, 26.27.020, 26.27.070, 26.50.160, 41.28.205, 41.28.207, 41.44.240, 41.32.530, 41.32.785, 41.40.188, 41.40.660, 51.32.050, 70.58.005, 74.20.220, and 75.30.250; reenacting and amending RCW 26.09.020 and 26.09.150; adding new sections to chapter 26.09 RCW; and repealing RCW 26.09.900 and 26.09.901.

Referred to Committee on Law and Justice.

SB 5565 by Senators Winsley, Haugen and Hale (by request of Secretary of State Munro)

AN ACT Relating to review of county election procedures; and amending RCW 29.60.070.

Referred to Committee on Government Operations.

SB 5566 by Senators Sheldon, Oke and Prince

AN ACT Relating to solid waste route collection vehicles; and amending RCW 46.61.660.

Referred to Committee on Transportation.

SB 5567 by Senators Sheldon and Prince

AN ACT Relating to garbage and recycling trucks; and amending RCW 46.44.034.

Referred to Committee on Transportation.

SB 5568 by Senators Finkbeiner, Sheldon, Strannigan, Brown, Jacobsen, Kline and Winsley

AN ACT Relating to public utility tax credits for weatherization and energy assistance programs; adding a new section to chapter 82.16 RCW; providing an effective date; and declaring an emergency.

Referred to Committee on Energy and Utilities.

SB 5569 by Senators Schow, Sellar and Wood

AN ACT Relating to overtime compensation for commissioned salespersons; amending RCW 49.46.130 and 49.46.010; adding a new section to chapter 49.46 RCW; creating a new section; and declaring an emergency.

Referred to Committee on Commerce and Labor.

SB 5570 by Senators Newhouse, Schow, Horn, Heavey, Franklin, Fraser and Oke (by request of Joint Task Force on Nonpayment of Employer Obligations)

AN ACT Relating to tax evasion; amending RCW 51.48.020; reenacting and amending RCW 9A.04.080; adding a new section to chapter 51.48 RCW; and prescribing penalties.

Referred to Committee on Commerce and Labor.

SB 5571 by Senators Newhouse, Schow, Anderson, Horn, Heavey, Franklin, Fraser, Long and Oke (by request of Joint Task Force on Nonpayment of Employer Obligations)

AN ACT Relating to reporting payments under unemployment insurance and industrial insurance; and amending RCW 50.12.070 and 51.16.060.

Referred to Committee on Commerce and Labor.

SB 5572 by Senators Newhouse, Schow, Horn, Heavey, Franklin and Fraser (by request of Joint Task Force on Nonpayment of Employer Obligations)

AN ACT Relating to keeping records of unified business identifier account numbers; and amending RCW 39.06.010, 50.12.070, 51.16.070, and 82.32.070.

Referred to Committee on Commerce and Labor.

SB 5573 by Senators Schow, Sheldon and Long

AN ACT Relating to vehicle identification number inspections on out-of-state vehicles; and adding a new section to chapter 43.43 RCW.

Referred to Committee on Transportation.

SB 5574 by Senator Horn

AN ACT Relating to property tax reform; amending RCW 84.55.005, 84.55.010, 84.55.020, 35.61.210, 70.44.060, 84.08.115, 84.40.045, 84.56.050, 84.52.054, 84.56.020, 84.41.030, 84.41.041, and 84.40.0301; adding a new section to chapter 84.41 RCW; adding a new chapter to Title 84 RCW; creating new sections; repealing RCW 84.56.022; and prescribing penalties.

Referred to Committee on Ways and Means.

SB 5575 by Senators Winsley, Prentice and Hale

AN ACT Relating to standards for licensing mortgage brokers; amending RCW 19.146.010, 19.146.020, 19.146.0201, 19.146.030, 19.146.050, 19.146.060, 19.146.080, 19.146.200, 19.146.205, 19.146.210, 19.146.215, 19.146.220, 19.146.228, 19.146.235, 19.146.240, 19.146.245, 19.146.250, 19.146.260, 19.146.265, and 19.146.280; adding a new section to chapter 82.04 RCW; and repealing RCW 19.146.090.

Referred to Committee on Financial Institutions, Insurance and Housing.

SB 5576 by Senators Wood, Sellar, Oke, Haugen, Goings and Kline (by request of Commute Trip Reduction Task Force)

AN ACT Relating to transportation demand management; amending RCW 70.94.521, 70.94.527, 70.94.531, 70.94.534, 70.94.537, 70.94.551, 46.74.010, 46.74.030, and 51.08.013; and reenacting and amending RCW 42.17.310.

Referred to Committee on Transportation.

SB 5577 by Senators Hochstatter, Swecker, Heavey, Morton, Finkbeiner, Benton, McCaslin, Schow, Anderson, Johnson, Zarelli, Rossi, Stevens and Patterson

AN ACT Relating to tax exemptions for labor on construction and remodeling on real property; adding a new section to chapter 82.08 RCW; and adding a new section to chapter 82.12 RCW.

Referred to Committee on Ways and Means.

SB 5578 by Senators Long, Hargrove and Winsley (by request of Department of Social and Health Services)

AN ACT Relating to technical clarifying changes to the family reconciliation act; and amending RCW 13.32A.030, 13.32A.050, 13.32A.060, 13.32A.130, 13.32A.140, 13.32A.160, 13.32A.179, 13.32A.192, and 74.13.037.

Referred to Committee on Human Services and Corrections.

SB 5579 by Senators Schow, Horn, Anderson, Newhouse, Oke and West

AN ACT Relating to benefits for occupational disease; and amending RCW 51.28.055.

Referred to Committee on Commerce and Labor.

SB 5580 by Senators Anderson, Schow, Horn, Newhouse, Oke, Haugen and West

AN ACT Relating to determination of benefits for permanent partial disability by industrial insurance self-insurers; and amending RCW 51.32.055.

Referred to Committee on Commerce and Labor.

SB 5581 by Senators Schow and Heavey

AN ACT Relating to defining gross receipts from activities under chapter 9.46 RCW; adding a new section to chapter 9.46 RCW; and providing an effective date.

Referred to Committee on Commerce and Labor.

SB 5582 by Senators Roach, Goings, Schow, Stevens, Oke and Kline

AN ACT Relating to liquor sales to persons apparently under the influence of liquor; amending RCW 66.44.200; and prescribing penalties.

Referred to Committee on Commerce and Labor.

SB 5583 by Senator Fraser

AN ACT Relating to fees for water rights applications and changes; amending RCW 90.03.470; repealing RCW 90.03.471; providing an expiration date; and declaring an emergency.

Referred to Committee on Agriculture and Environment.

SB 5584 by Senator Fraser

AN ACT Relating to water permit processing; and amending RCW 90.03.290.

Referred to Committee on Agriculture and Environment.

SB 5585 by Senator Fraser

AN ACT Relating to water rights for the use of water for instream purposes; amending RCW 90.03.380 and 90.42.080; and adding new sections to chapter 90.03 RCW.

Referred to Committee on Agriculture and Environment.

SB 5586 by Senators Fraser and Spanel

AN ACT Relating to water supply regulation; and adding a new section to chapter 43.27A RCW.

Referred to Committee on Agriculture and Environment.

SB 5587 by Senators Hochstatter, Zarelli, Stevens and Johnson

AN ACT Relating to the certificate of mastery; reenacting and amending RCW 28A.630.885 and 28A.630.885; and providing expiration dates.

Referred to Committee on Education.

SB 5588 by Senators Hochstatter, Zarelli, Hargrove, Benton, Finkbeiner, Strannigan, Johnson, Stevens and Oke

Referred to Committee on Education.

INTRODUCTION AND FIRST READING OF HOUSE BILL

HJM 4008 by Representatives Zellinsky, K. Schmidt, Huff, Johnson, Sheldon, Lantz, Clements, Dyer, L. Thomas, Robertson, Hatfield, Chandler, O'Brien, Cooper, Wolfe, D. Schmidt, Wensman, Veloria, Butler, Tokuda, Costa, Linville, Conway, Hankins, Doumit, Morris, Ogden, Cody, Kessler, Chopp and Dunn

Preserving the U.S.S. Missouri.

HOLD.

MOTION

On motion of Senator Johnson, House Joint Memorial No. 4008 was held on the desk.

MOTION

At 10:09 a.m., on motion of Senator Johnson, the Senate recessed until 10:30 a.m.

The Senate was called to order at 10:30 a.m. by President Owen.

There being no objection, the President declared the Senate to be at ease.

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

THIRD READING

ENGROSSED SUBSTITUTE SENATE BILL NO. 5212, by Senators Swecker, Hale, Zarelli, Johnson, McDonald, McCaslin, Deccio, West, Schow, Horn, Strannigan, Hochstatter, Benton, Sellar, Anderson and Oke

Limiting property taxes.

The bill was read the third time.

Debate ensued.

POINT OF INQUIRY

Senator Goings: "Thank you, Majority Leader McDonald. Just a simple yes or no answer will suffice. Will you allow Senate Bill No. 5214 to have a hearing?"

Senator McDonald: "I will tell you this, that is not within my power. I am not the chairman of the Ways and Means Committee or any other committee that may be a part of it. But I will tell you this, I have been listening to the Governor and the Governor has said that if we sent something down of that magnitude, he would veto it. He says that his proposal would be something like a hundred dollars. You know, I look at the cumulative effect of that and I have to say, Senator Goings, that it looks to me like fifteen thousand dollars in the pocket of somebody over a thirty-year mortgage, is a heck of a lot better than about three thousand dollars.

"Maybe I am stuck on math, but fifteen thousand sounds a heck of a lot better to me than does three thousand dollars. I think that is what it comes down to. It is not two hundred and five dollars. You haven't been listening to your Governor; he would veto that. If we sent it down there--if we agreed to have that and bring it out of committee--which I don't have the power over, he wouldn't do that. So, it is a hundred dollars a year that you are talking to. Talk about a pittance! I think that fifteen thousand dollars in the pocket of the average home owner in this state is one heck of lot better that three thousand. I am sorry that I am hung up on math, but that is the way it pencils out to me. I hope that answers your question, Senator Goings."

Senator Goings: "Mr. President, will the majority leader yield to a further question? Senator, I appreciate your brief answer. I have a question and I hope you can help me with this. As the Majority Leader, if the Ways and Means Chairman was to ask your opinion, would you suggest that we have a hearing on Senate Bill No. 5214, with the possibility that if the Governor does veto that bill, there may be members of this side of the aisle that would join the majority in overriding that veto or attach a referendum clause to Senate Bill No. 5214?"

Senator McDonald: "I always encourage the Ways and Means Chairman to have hearings and lots of things and to listen to an awful lot of opinions. But, I will say this, that if the Legislature comes to a resolution, comes to a conclusion on the property tax, at some point, we are going to have to move on to the other issues such as welfare reform, juvenile justice, the B & O tax reductions, the whole issue of criminal justice and keeping the schools safe and making that a top priority. So, I think that we have to drive this debate to conclusion and then we have to put it behind us and get on to the remaining business. I hope that answers your question, Senator Goings."

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5212.

ROLL CALL

The Secretary call the final passage of Engrossed Substitute Senate Bill No. 5212 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 17; Absent, 0; Excused, 3.

Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Heavey, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 28. Voting nay: Senators Bauer, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Sheldon, Snyder, Spanel and Wojahn - 17. Excused: Senators Brown, Prentice and Thibaudeau - 3. ENGROSSED SUBSTITUTE SENATE BILL NO. 5212, having received the constitutional majority, was declared passed. Their being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Johnson, Engrossed Substitute Senate Bill No. 5212 was immediately transmitted to the House of Representatives.

STANDING COMMITTEE APPOINTMENTS AND CHANGES

The President announced the following changes and appointments to the Senate Standing Committees:

Senator Jacobsen was removed from the Committee on Government Operations and appointed to the Committees on Natural Resources and Parks; Energy and Utilities; and Transportation. Senator Adam Kline was appointed to the Committee on Financial Institutions, Insurance and Housing, and the Senate Appointee from the 35th District will be appointed to the Committees on Government Operations and Energy and Utilities.

MOTION

On motion of Senator Johnson, the appointments were confirmed.

MOTION

At 11:52 a.m, on motion of Senator Johnson, the Senate adjourned until 10:00 a.m., Monday, February 3, 1997.

BRAD OWEN, President of the Senate

MIKE O'CONNELL, Secretary of the Senate