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FORTY-FIFTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, February 26, 1997

      The Senate was called to order at 10:14 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Fairley, Hargrove and Wojahn. On motion of Senator Franklin, Senators Fairley, Hargrove and Wojahn were excused.

      The Sergeant at Arms Color Guard, consisting of Pages April Martin and Marci Miller, presented the Colors. Mr. Julian Patrick, world renown baritone, and a professor of voice at the University of Washington, sang Amazing Grace.


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

February 25, 1997

SB 5272             Prime Sponsor, Senator Long: Limiting political activities of citizen members of the legislative ethics board. 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.


February 25, 1997

SB 5306             Prime Sponsor, Senator Zarelli: Allowing for the testing of offenders for HIV and other communicable diseases. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: That Substitute Senate Bill No. 5306 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Long, Chair; Zarelli, Vice Chair; Franklin, Hargrove, Schow and Stevens.


      Referred to Committee on Ways and Means.


February 25, 1997

SB 5309             Prime Sponsor, Senator Morton: Providing excise tax exemptions related to horses. Reported by Committee on Agriculture and Environment


      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Morton, Chair; Swecker, Vice Chair; Newhouse, Oke and Rasmussen.


      Referred to Committee on Ways and Means.


February 25, 1997

SB 5327             Prime Sponsor, Senator Hargrove: Creating a habitat incentive program through the department of fish and wildlife. Reported by Committee on Natural Resources and Parks


      MAJORITY Recommendation: That Substitute Senate Bill No. 5327 be substituted therefor, and the substitute bill do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Spanel, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


February 25, 1997

SB 5381             Prime Sponsor, Senator Winsley: Modifying local public health financing. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Deccio, Chair; Wood, Vice Chair; Fairley, Franklin, Strannigan and Wojahn.


      Referred to Committee on Ways and Means.


February 25, 1997

SB 5483             Prime Sponsor, Senator Johnson: Licensing whitewater river outfitters. Reported by Committee on Natural Resources and Parks


      MAJORITY Recommendation: That Substitute Senate Bill No. 5483 be substituted therefor, and the substitute bill do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Spanel, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


February 25, 1997

SB 5530             Prime Sponsor, Senator Morton: Defining agriculture. Reported by Committee on Agriculture and Environment


      MAJORITY Recommendation: Do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Oke and Rasmussen.


      Passed to Committee on Rules for second reading.


February 25, 1997

SB 5537             Prime Sponsor, Senator Stevens: Providing transitional employment services for ex-offenders. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: That Substitute Senate Bill No. 5537 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Long, Chair; Zarelli, Vice Chair; Franklin, Hargrove, Kohl, Schow and Stevens.


      Referred to Committee on Ways and Means.


February 25, 1997

SB 5551             Prime Sponsor, Senator Prince: Designating significant historic places. Reported by Committee on Government Operations


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


      Passed to Committee on Rules for second reading.


February 25, 1997

SB 5565             Prime Sponsor, Senator Winsley: Facilitating review of election procedures. Reported by Committee on Government Operations


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


      Passed to Committee on Rules for second reading.


February 25, 1997

SB 5600             Prime Sponsor, Senator Hale: Making changes to the internal operations of counties. 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.


February 25, 1997

SB 5669             Prime Sponsor, Senator Morton: Revising the collection of the metals mining and milling fee. Reported by Committee on Agriculture and Environment


      MAJORITY Recommendation: Do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.


      Passed to Committee on Rules for second reading.


February 25, 1997

SB 5701             Prime Sponsor, Senator Morton: Licensing distributors of commercial soil amendments. Reported by Committee on Agriculture and Environment


      MAJORITY Recommendation: That Substitute Senate Bill No. 5701 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Oke and Rasmussen.


      Passed to Committee on Rules for second reading.


February 25, 1997

SB 5759             Prime Sponsor, Senator Long: Changing sex offender risk level classification and public notification procedures. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: That Substitute Senate Bill No. 5759 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Long, Chair; Zarelli, Vice Chair; Franklin, Hargrove, Kohl, Schow and Stevens.


      Referred to Committee on Ways and Means.


February 25, 1997

SB 5790             Prime Sponsor, Senator McCaslin: Modifying the state employee whistleblower protection act. Reported by Committee on Government Operations


      MAJORITY Recommendation: That Substitute Senate Bill No. 5790 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.


February 25, 1997

SB 5983             Prime Sponsor, Senator Schow: Assisting industrial investments and projects of state-wide significance. Reported by Committee on Government Operations


      MAJORITY Recommendation: That the bill be referred to Committee on Commerce and Labor without recommendation. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Anderson, Haugen, Horn and Patterson.


      Referred to Committee on Commerce and Labor.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced a delegation from Cichuan, China, who were standing in the side aisle. Accompanying the group was Secretary of State Ralph Munro. The delegation is visiting the state of Washington and Governor Locke and negotiating a major art exhibition for the Seattle Art Museum.


APPOINTMENT OF SPECIAL COMMITTEE


      The President announced the presence in the Senate Chamber of the 1997 Washington State Apple Blossom Festival Royalty and appointed Senators Sellar, Hale and Loveland to escort the honored guests to the rostrum.

      The President welcomed and introduced Queen Stacia Wiggins, and Princesses Meaghan Williams and Marie Magnotti.

      With permission of the Senate, business was suspended to permit Queen Stacia and Princesses Meaghan and Marie to address the Senate.

      The honored guests were escorted from the Senate Chamber and the committee was discharged.


MESSAGE FROM STATE OFFICES


STATE OF WASHINGTON

DEPARTMENT OF SOCIAL AND HEALTH SERVICES


February 21, 1997

Mr. Michael O'Connell

Secretary of the Senate

P. O. Box 40482

Olympia, WA 98504-0482


Dear Mr. O'Connell:

      Enclosed is the status report entitled "Juvenile Offender Basic Training Camp Program." This report is required by RCW 13.40.320.

      If you have questions, about the report, please call David Griffith at 902-8084.

Sincerely,

LYLE QUASIM, Secretary


      The Report from the Department of Social and Health Services is on file in the Office of the Secretary of the Senate.


MESSAGE FROM THE HOUSE

February 24, 1997

MR. PRESIDENT:

      The House has passed:

      HOUSE BILL NO. 1075,

      SUBSTITUTE HOUSE BILL NO. 1076,

      SUBSTITUTE HOUSE BILL NO. 1121,

      HOUSE BILL NO. 1363, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


INTRODUCTION AND FIRST READING

 

SB 6008             by Senator Stevens

 

AN ACT Relating to safety of school children; amending RCW 46.61.370, 46.61.385, and 10.31.100; reenacting and amending RCW 46.63.020; creating a new section; and prescribing penalties.

Referred to Committee on Law and Justice.

 

SB 6009             by Senator Finkbeiner

 

AN ACT Relating to the information services; amending RCW 43.105.020, 43.105.032, 43.105.047, 43.105.052, 43.105.160, 43.105.190, and 42.17.2401; reenacting and amending RCW 43.105.041, 43.105.041, 43.105.170, and 43.105.180; adding new sections to chapter 44.48 RCW; adding a new section to chapter 43.105 RCW; creating a new section; providing an effective date; providing an expiration date; and declaring an emergency.

Referred to Committee on Energy and Utilities.

 

SB 6010             by Senators Rossi and Finkbeiner

 

AN ACT Relating to lowering public utility tax rates; and amending RCW 82.16.020.

Referred to Committee on Ways and Means.

 

SB 6011             by Senators Rossi, Finkbeiner, Strannigan and Oke

 

AN ACT Relating to an audit of the licensing application migration project and companion projects; and creating a new section.

Referred to Committee on Energy and Utilities.

 

SB 6012             by Senators Heavey and Thibaudeau

 

AN ACT Relating to payment of wages; amending RCW 49.46.100, 49.48.020, 49.48.040, 49.48.060, and 49.48.070; adding a new section to chapter 49.48 RCW; creating a new section; and prescribing penalties.

Referred to Committee on Commerce and Labor.

 

SB 6013             by Senator Prince

 

AN ACT Relating to retirement benefit plans of colleges and universities; and amending RCW 28B.10.400 and 28B.10.420.

Referred to Committee on Ways and Means.

 

SB 6014             by Senator Finkbeiner

 

AN ACT Relating to a city owning or operating a telecommunications system; amending RCW 80.36.370; adding a new section to chapter 35.21 RCW; and creating a new section.

Referred to Committee on Energy and Utilities.

 

SB 6015             by Senators Deccio and Wood

 

AN ACT Relating to water recreation facilities; and repealing RCW 70.90.101, 70.90.110, 70.90.120, 70.90.125, 70.90.140, 70.90.150, 70.90.160, 70.90.170, 70.90.180, 70.90.190, 70.90.200, 70.90.205, 70.90.210, 70.90.230, 70.90.240, 70.90.250, 70.90.910, and 70.90.911.

Referred to Committee on Health and Long-Term Care.

 

SB 6016             by Senators Benton and Strannigan

 

AN ACT Relating to certain members of the retirement systems who are elected or appointed to the legislature or state elective positions; amending RCW 41.32.010; and reenacting and amending RCW 41.26.030 and 41.40.010.

Referred to Committee on Ways and Means.

 

SB 6017             by Senators Benton, Heavey, Kline, Strannigan, Zarelli, Wood, Finkbeiner, McDonald, Johnson, Oke, Roach, Winsley, Stevens, Rossi, Prince, Schow and Rasmussen

 

AN ACT Relating to recognition of World War II veterans; creating a new section; making an appropriation; and declaring an emergency.

Referred to Committee on Government Operations.


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

HB 1075            by Representatives Hickel, Mitchell, Keiser and Delvin

 

Providing concurrent jurisdiction for certain courts dealing with compulsory school attendance.

 

Referred to Committee on Law and Justice.

 

SHB 1076          by House Committee on Government Reform and Land Use (originally sponsored by Representatives Reams, Poulsen, Mastin, Hatfield, Skinner, Linville, Dyer, Kessler, Sherstad, Grant, Pennington, Mielke, Thompson, Carlson, Boldt, Bush, Smith and D. Schmidt)

 

Reforming regulatory activities.

 

Referred to Committee on Government Operations.

 

SHB 1121          by House Committee on Children and Family Services (originally sponsored by Representatives Veloria, Cooke, Tokuda, Wolfe, Dunn and Costa)

 

Revising legal custody of children.

 

Referred to Committee on Human Services and Corrections.

 

HB 1363            by Representatives Delvin, McMorris and K. Schmidt (by request of Gambling Commission)

 

Updating professional gambling definitions.

 

Referred to Committee on Commerce and Labor.

MOTION


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


SENATE RESOLUTION 1997-8624


By Senators Wojahn and Haugen


      WHEREAS, The literary, performing, and visual arts are vibrant threads weaving through the tapestry of life in the state of Washington; and

      WHEREAS, The arts inspire creativity and innovation, foster communication and understanding across cultures, and transmit core values to future generations; and

      WHEREAS, The arts accelerate students’ mastery of history, math, and science, enhance problem-solving skills, and increase the self-esteem of youth at risk; and

      WHEREAS, The arts industry throughout Washington State generates millions of dollars annually through performances, exhibitions, festivals, art walks, craft fairs, and concerts in the parks; and

      WHEREAS, Our state has received international acclaim for the quality of its artists and arts institutions, drawing audiences from across the nation and world to the Northwest and making cultural tourism a vital part of our economy;

      NOW, THEREFORE, BE IT RESOLVED, That February 26, 1997, is Arts Day, and all who work in the arts are thanked for truly establishing, within our borders, Washington as a State of the Arts.


      Senators Loveland and Thibaudeau spoke to Senate Resolution 1997-8624.


MOTION


      On motion of Senator Johnson, the Senate reverted to the sixth order of business.


SECOND READING


      SENATE BILL NO. 5012, by Senators Winsley and Prentice

 

Filing certain insurance related corporate documents.


MOTIONS


      On motion of Senator Winsley, Substitute Senate Bill No. 5012 was substituted for Senate Bill No. 5012 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 5012 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. 5012.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5012 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 46. Excused: Senators Fairley, Hargrove and Wojahn - 3.     SUBSTITUTE SENATE BILL NO. 5012, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


INTRODUCTION OF SPECIAL GUEST


      The President welcomed and introduced former Senator Margaret Hurley, who was seated on the rostrum.

      With permission of the Senate, business was suspended to permit the former Senator to address the Senate.

 

REMARKS BY FORMER SENATOR HURLEY


      Senator Hurley: "Thank you very much. This is a very exciting moment for me. I had no idea that anybody would remember me. I've been gone for thirteen years from this Senate and I think I must know about twelve or fourteen people that were in the Senate when I was here last. I am delighted to see so many people; I see you, Al Bauer--hello. There are so many people that I did know and I have fond memories of St. Patrick's Day and of the dances that we use to have and the sing-alongs. All of you were so much fun that I think of it as one of the very most pleasant memories of my life. Thank you very much."


MOTION


      On motion of Senator Johnson, the Senate returned to the third order of business.


MOTION


      Senator Johnson moved that the Senate now consider the Governor's Veto Message on Substitute Senate Bill No. 5398.


      EDITOR'S NOTE: The Governor's Veto Message on Substitute Senate Bill No. 5398 was read in on the fortieth day, February 21, 1997.


MOTION


      Senator Johnson moved that the Senate pass Substitute Senate Bill No. 5398, notwithstanding the Governor's Veto of the measure.

      Debate ensued.


MOTION


      Senator Heavey moved to lay the motion by Senator Johnson on the table.

      Senator Johnson demanded a roll call and the demand was sustained.

      The President declared the question before the Senate to be the roll call on the motion by Senator Heavey to lay the motion by Senator Johnson on the table.


ROLL CALL


      The Secretary called the roll and the motion to lay the motion by Senator Johnson on the table failed by the following vote: Yeas, 20; Nays, 26; Absent, 0; Excused, 3.

      Voting yea: Senators Bauer, Brown, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson and Thibaudeau - 20.         Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.       Excused: Senators Fairley, Hargrove and Wojahn - 3.      The President declared the question before the Senate to be the roll call on the motion by Senator Johnson to pass Substitute Senate Bill No. 5398, notwithstanding the Governor's Veto.


ROLL CALL


      The Secretary called the roll and the motion to override the Governor's Veto, having failed to receive a constitutional two-thirds vote of the member's present, failed by the following vote: Yeas, 26; Nays, 20; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.      Voting nay: Senators Bauer, Brown, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson and Thibaudeau - 20.         Excused: Senators Fairley, Hargrove and Wojahn - 3.

MOTION


      On motion of Senator Johnson, the Senate advanced to the sixth order of business.


SECOND READING


      SENATE BILL NO. 5174, by Senators Prince, Loveland, Morton and Rasmussen (by request of Washington State University)

 

Transferring property to Washington State University Lind dryland research unit.


      The bill was read the second time.


MOTION


      On motion of Senator Oke, the rules were suspended, Senate Bill No. 5174 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5174.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5174 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 46. Excused: Senators Fairley, Hargrove and Wojahn - 3.     SENATE BILL NO. 5174, 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. 5265, by Senators Schow, Wojahn, Horn, Stevens and Benton

 

Requiring that agreements between the state and Indian tribes be approved by the senate.


MOTIONS


      On motion of Senator Schow, Substitute Senate Bill No. 5265 was substituted for Senate Bill No. 5265 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Schow, the following amendment was adopted:

      On page 3, after line 6, insert the following:          "(9) The approval process for new and amended compacts established in this section does not apply to amendments to existing compacts that are technical in nature only and do not include any changes in the following: Wagering limits, types of games operated, hours of operation for the gaming facility, number of facilities operated, or number of tables operated."

MOTION


      Senator Prentice moved that the following amendment be adopted:

      Strike everything after the enacting clause and insert the following:     "Sec. 1. RCW 9.46.360 and 1992 c 172 s 2 are each amended to read as follows:          (1) The negotiation process for proposed or amended compacts with federally recognized Indian tribes for conducting class III gaming, as defined in the Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq., on federal Indian lands is governed by this section.      (2) The ((gambling commission through the director or the director's)) senate or its designee shall negotiate compacts for class III gaming on behalf of the state with federally recognized Indian tribes in the state of Washington.           (3) When a tentative agreement with an Indian tribe on a proposed or amended compact is reached, the ((director)) senate or its designee shall immediately transmit a copy of the proposed or amended compact to all voting and ex officio members of the gambling commission and to the ((standing committees designated pursuant to subsection (5) of this section)) majority and minority leaders of the senate.            (4) ((Notwithstanding RCW 9.46.040, the four ex officio members of the gambling commission shall be deemed voting members of the gambling commission for the sole purpose of voting on proposed compacts submitted under this section.         (5) Within thirty days after receiving a proposed compact from the director, one standing committee from each house of the legislature shall hold a public hearing on the proposed compact and forward its respective comments to the gambling commission. The president of the senate shall designate the senate standing committee that is to carry out the duties of this section, and the speaker of the house of representatives shall designate the house standing committee that is to carry out the duties of this section. The designated committees shall continue to perform under this section until the president of the senate or the speaker of the house of representatives, as the case may be, designates a different standing committee.          (6))) The gambling commission ((may)) shall hold public hearings on the proposed or amended compact ((any time)) after receiving a copy of the compact from the ((director)) senate or its designee. Within forty-five days after receiving the proposed or amended compact from the ((director)) senate or its designee, the gambling commission, including the four ex officio members, shall ((vote on whether to return the proposed compact to the director with instructions for further negotiation or to forward the proposed compact to the governor for review and final execution)) forward its findings and recommendations to the senate.          (((7) Notwithstanding provisions in this section to the contrary,)) (5) If the ((director)) senate or its designee forwards a proposed or amended compact to the ((gambling commission and the designated standing committees within ten days)) senate before the beginning of a regular session of the legislature, or during a regular or special session of the legislature, ((the thirty-day time limit set forth in subsection (5) of this section and the forty-five day limit set forth in subsection (6) of this section are each forty-five days and sixty days, respectively)) the senate has until the adjournment of the regular session to approve the proposed or amended compact. If the senate fails to approve the proposed or amended compact before the adjournment of the regular session, the senate or its designee shall renegotiate the proposed or amended compact and resubmit the proposed or amended compact to the senate no later than the first day of the next regular session of the legislature.          (((8) Funding for the negotiation process under this section must come from the gambling revolving fund.      (9))) (6) In addition to the powers granted under this chapter, the commission, consistent with the terms of any compact, is authorized and empowered to enforce the provisions of any compact between a federally recognized Indian tribe and the state of Washington."

POINT OF INQUIRY


      Senator Deccio: "Senator Prentice, exactly what is the difference between what your amendment does and what is in the bill? As I read it, the bill says that the Senate minority and majority leader would negotiate and I think your amendment says that the Senate designee would--that would be the Senate members of the Gambling Commission. Is that correct?"

      Senator Prentice: "No, it would be the Senate committee, I would presume. It would be whomever the majority leader would designate. No, it would not be a member of the Gambling Commission. The idea was that the product has been so inferior and we certainly heard it lambasted in many committee meetings, then do it and remove the Gambling Commission. Why spend the time and the resources on something that isn't an accepted product?"

      Further debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Prentice.

      The motion by Senator Prentice failed and the amendment was not adopted.


MOTION


      On motion of Senator Schow, the rules were suspended, Engrossed Substitute Senate Bill No. 5265 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      At 11:14 a.m., on motion of Senator Heavey, the Senate recessed until 11:30 a.m.


      The Senate was called to order at 11:40 a.m. by President Owen.

      There being no objection, the Senate resumed consideration of Engrossed Substitute Senate Bill No. 5265, which was being considered before the Senate went at recess.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5265.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5265 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 21; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 25.          Voting nay: Senators Bauer, Brown, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson and Thibaudeau - 21.        Excused: Senators Fairley, Hargrove and Wojahn - 3.      ENGROSSED SUBSTITUTE SENATE BILL NO. 5265, 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. 5056, by Senators McCaslin and Roach

 

Limiting property assessments to permitted land use.


MOTIONS


      On motion of Senator McCaslin, Substitute Senate Bill No. 5056 was substituted for Senate Bill No. 5056 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5056 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. 5056.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5056 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 46. Excused: Senators Fairley, Hargrove and Wojahn - 3.     SUBSTITUTE SENATE BILL NO. 5056, 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. 5030, by Senator Horn

 

Establishing procedures by which owners of single-family residences may use lake water for noncommercial landscape irrigation.


MOTIONS


      On motion of Senator Morton, Substitute Senate Bill No. 5030 was substituted for Senate Bill No. 5030 and the substitute bill was placed on second reading and read the second time.

      Senator Kline moved that the following amendment by Senators Kline and McAuliffe be adopted:

      On page 1, line 11, after "owners" strike "will" and insert "may"          Debate ensued.


POINT OF INQUIRY


      Senator Horn: "A point of order, Mr. President. I would request that the speaker speak to the amendment. I think she is speaking to the wrong amendment."

      Further debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Kline and McAuliffe on page 1, line 11, to Substitute Senate Bill No. 5030.

      The motion by Senator Kline failed and the amendment was not adopted.


MOTION


      Senator Kline moved that the following amendment by Senators Kline and McAuliffe be adopted:

      On page 2, line 10, after "(1)" strike "The" and insert "If a petition signed by more than ten percent of the private owners of land surrounding a lake or reservoir is filed with the department, the"    Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Kline and McAuliffe on page 2, line 10, to Substitute Senate Bill No. 5030.

      The motion by Senator Kline failed and the amendment was not adopted on a rising vote.


MOTION


      On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 5030 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 Rasmussen: "Senator Horn, is it true that the Department of Ecology still is authorized to suspend the right to use the water? Can they stop, at any time, your right to withdraw from the lake?"

      Senator Horn: "That is correct, Senator Rasmussen. We have put the same controls with DOE over the use of water and if the water in the lake got to a dangerously low level, they could suspend that operation during that period of time. If it doesn't, and the water in the lake is high enough, that would just be merely dropped into salt water at some period of time. But, the control is there."

      Further debate ensued.


MOTION


      Senators West, Horn and Johnson called for the previous question.

      The President declared the question before the Senate to be the call for the previous question by Senators West, Horn and Johnson.

      The call for the previous question failed.

      Further debate ensued on Substitute Senate Bill No. 5030.


      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5030.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5030 and the bill failed to pass the Senate by the following vote: Yeas, 23; Nays, 22; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rossi, Sellar, Stevens, Strannigan, Swecker, West, Wood and Zarelli - 23.         Voting nay: Senators Bauer, Brown, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Schow, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Winsley - 22.            Absent: Senator Roach - 1.    Excused: Senators Fairley, Hargrove and Wojahn - 3. SUBSTITUTE SENATE BILL NO. 5030, having failed to receive the constitutional majority, was declared lost.


NOTICE FOR RECONSIDERATION


      Senator Schow, having voted on the prevailing side, served notice that he would move to reconsider the vote by which Substitute Senate Bill No. 5030 failed to pass the Senate.


MOTION FOR IMMEDIATE RECONSIDERATION


      Senator Heavey, having voted on the prevailing side, moved to immediately reconsider the vote by which Substitute Senate Bill No. 5030 failed to pass the Senate.

      The President declared the question before the Senate to be the motion by Senator Heavey to immediately reconsider the vote by which Substitute Senate Bill No. 5030 failed to pass the Senate.

      The motion by Senator Heavey failed and the Senate will not immediately reconsider the vote by which Substitute Senate Bill No. 5030 failed to pass the Senate.


MOTION


      Senator Johnson moved that the standing committees be allowed to meet during the lunch hour on Thursday, February 27, and Tuesday, March 4, notwithstanding the brief pro-forma sessions which will be held at noon on those days.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Johnson that the standing committees be allowed to meet during the lunch hour on Thursday, February 27, and Tuesday, March 4, notwithstanding the brief pro-forma sessions which will be held at noon on those days.

      The motion carried and the standing committees will be allowed to meet during the noon hour on Thursday, February 27, and Tuesday, March 4, 1997.


MOTION


      At 12:24 p.m., on motion of Senator Johnson, the Senate adjourned until 12:00 noon, Thursday, February 27, 1997.


BRAD OWEN, President of the Senate


MIKE O'CONNELL, Secretary of the Senate