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FORTY-SEVENTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, February 28, 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 Jacobsen and McCaslin. On motion of Senator Franklin, Senator Jacobsen was excused. On motion of Senator Anderson, Senator McCaslin was excused.
The Sergeant at Arms Color Guard, consisting of Pages Chris Pfund and Eric Salisbury, presented the Colors. Reverend Joan M. Anthony, priest at the St. Benedict's Episcopal Church in Lacey, 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
February 26, 1997
SB 5047 Prime Sponsor, Senator Benton: Arming community corrections officers. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: Do pass. Signed by Senators Long, Chair; Zarelli, Vice Chair; Franklin, Schow and Stevens.
Passed to Committee on Rules for second reading.
February 26, 1997
SB 5208 Prime Sponsor, Senator Morton: Detailing how to handle environmental complaints. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 5208 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Newhouse and Oke.
MINORITY Recommendation: Do not pass substitute. Signed by Senators Fraser and McAuliffe.
Passed to Committee on Rules for second reading.
February 25, 1997
SB 5250 Prime Sponsor, Senator Heavey: Limiting weight of tire studs. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 5250 be substituted therefor, and the substitute bill do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Prentice and Rasmussen.
Passed to Committee on Rules for second reading.
February 27, 1997
SB 5433 Prime Sponsor, Senator Stevens: Concerning the reduction of flood damage. Reported by Committee on Natural Resources and Parks
MAJORITY Recommendation: That Substitute Senate Bill No. 5433 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Morton, Roach, Stevens and Swecker.
Referred to Committee on Ways and Means.
February 27, 1997
SB 5434 Prime Sponsor, Senator Stevens: Providing for designation of mineral resource lands. Reported by Committee on Natural Resources and Parks
MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Stevens and Swecker.
Passed to Committee on Rules for second reading.
February 27, 1997
SB 5461 Prime Sponsor, Senator Hale: Requiring regulatory coordination between the state and federal and local entities. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Anderson, Haugen, Horn and Patterson.
Referred to Committee on Ways and Means.
February 25, 1997
SB 5480 Prime Sponsor, Senator Wood: Authorizing city and town transportation funding. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 5480 be substituted therefor, and the substitute bill do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Horn, Jacobsen, Morton, Oke, Patterson, Prentice and Rasmussen.
Passed to Committee on Rules for second reading.
February 27, 1997
SB 5511 Prime Sponsor, Senator Stevens: Modifying provisions relating to retention of reports of child abuse or neglect. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 5511 be substituted therefor, and the substitute bill do pass. Signed by Senators Long, Chair; Franklin, Hargrove, Kohl, Schow and Stevens.
Passed to Committee on Rules for second reading.
February 25, 1997
SB 5513 Prime Sponsor, Senator Oke: Excepting certain vessels from registration. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 5513 be substituted therefor, and the substitute bill do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Horn, Jacobsen, Morton, Oke, Patterson, Prentice and Rasmussen.
Passed to Committee on Rules for second reading.
February 27, 1997
SB 5527 Prime Sponsor, Senator McDonald: Providing incentives for water-efficient irrigation systems. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 5527 be substituted therefor, and the substitute bill 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 27, 1997
SB 5561 Prime Sponsor, Senator Swecker: Shifting the regulation of geoduck harvesting from the department of natural resources to the department of fish and wildlife. Reported by Committee on Natural Resources and Parks
MAJORITY Recommendation: That Substitute Senate Bill No. 5561 be substituted therefor, and the substitute bill do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Stevens and Swecker.
Passed to Committee on Rules for second reading.
February 27, 1997
SB 5578 Prime Sponsor, Senator Long: Concerning the placement and custody of at-risk youth. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 5578 be substituted therefor, and the substitute bill do pass. Signed by Senators Long, Chair; Franklin, Hargrove, Kohl, Schow and Stevens.
Passed to Committee on Rules for second reading.
February 27, 1997
SB 5587 Prime Sponsor, Senator Hochstatter: Changing provisions relating to the certificate of mastery. Reported by Committee on Education
MAJORITY Recommendation: Do pass. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Johnson and Zarelli.
MINORITY Recommendation: Do not pass. Signed by Senators Goings, McAuliffe and Rasmussen.
Passed to Committee on Rules for second reading.
February 27, 1997
SB 5703 Prime Sponsor, Senator Anderson: Concerning a water right for the beneficial use of water. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 5703 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Newhouse, Oke and Rasmussen.
MINORITY Recommendation: Do not pass. Signed by Senators Fraser and McAuliffe.
Passed to Committee on Rules for second reading.
February 26, 1997
SB 5708 Prime Sponsor, Senator Kohl: Requiring liability insurance for child day-care providers. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 5708 be substituted therefor, and the substitute bill do pass. Signed by Senators Long, Chair; Zarelli, Vice Chair; Franklin, Kohl, Schow and Stevens.
Passed to Committee on Rules for second reading.
February 27, 1997
SB 5725 Prime Sponsor, Senator Swecker: Changing provisions relating to reclaimed water. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 5725 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Swecker, Oke and Rasmussen.
MINORITY Recommendation: Do not pass. Signed by Senator Fraser.
Passed to Committee on Rules for second reading.
February 27, 1997
SB 5744 Prime Sponsor, Senator Hale: Extending the time for legislative review of agency rules. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Anderson, Haugen, Horn and Patterson.
Referred to Committee on Ways and Means.
February 26, 1997
SB 5809 Prime Sponsor, Senator Fraser: Requiring unauthorized insurers to be financially sound. Reported by Committee on Financial Institutions, Insurance and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Heavey, Kline and Prentice.
Passed to Committee on Rules for second reading.
February 26, 1997
SB 5815 Prime Sponsor, Senator Spanel: Requiring replacement transportation when a claimant's vehicle is totaled. Reported by Committee on Financial Institutions, Insurance and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Heavey, Kline and Prentice.
Passed to Committee on Rules for second reading.
February 27, 1997
SB 5838 Prime Sponsor, Senator Swecker: Requiring health boards to respond to requests for on-site sewage permits in a timely manner. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 5838 be substituted therefor, and the substitute bill 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 26, 1997
SB 5903 Prime Sponsor, Senator Hale: Authorizing the use of local hotel-motel taxes for operation of performing and cultural arts facilities. Reported by Committee on Ways and Means
MAJORITY Recommendation: That it be referred to Committee on Government Operations without recommendation. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Brown, Hochstatter, Kohl, Long, Rossi, Snyder and Swecker.
Referred to Committee on Government Operations.
February 27, 1997
SB 5967 Prime Sponsor, Senator Stevens: Revising disclosure of public records regarding child abuse investigations. Reported by Committee on Government Operations
MAJORITY Recommendation: That it be referred to Committee on Human Services and Corrections without recommendation. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Anderson, Haugen, Horn and Patterson.
Referred to Committee on Human Services and Corrections.
February 26, 1997
HB 1019 Prime Sponsor, Representative Honeyford: Implementing the public works board's recommendations for project loans. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass as amended. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Kohl, Long, Snyder, Spanel, Swecker and Winsley.
Passed to Committee on Rules for second reading.
MESSAGE FROM THE HOUSE
February 27, 1997
MR. PRESIDENT:
The Speaker has signed:
SENATE BILL NO. 5835,
ENGROSSED SENATE BILL NO. 7902, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
SB 6026 by Senator Jacobsen
AN ACT Relating to deer and elk tag fees; and amending RCW 77.32.340.
Referred to Committee on Natural Resources and Parks.
SB 6027 by Senator Hale
AN ACT Relating to funding for the Columbia river exhibition of history, science and technology museum and science center; and amending RCW 43.31.422.
Referred to Committee on Commerce and Labor.
SB 6028 by Senators Kohl, Jacobsen, Winsley and Prentice
AN ACT Relating to metropolitan park districts; amending RCW 35.61.010, 35.61.050, 35.61.130, 35.61.150, 35.61.180, 35.61.200, 35.61.210, and 35.61.290; and adding new sections to chapter 35.61 RCW.
Referred to Committee on Government Operations.
SB 6029 by Senators Strannigan, Oke, McDonald and West
AN ACT Relating to catastrophic insurance/health care savings accounts; amending RCW 41.05.006, 41.05.011, 41.05.021, 41.05.065, 41.05.140, 41.05.170, and 41.05.180; reenacting and amending RCW 41.05.075; and creating a new section.
Referred to Committee on Health and Long-Term Care.
MOTION
At 10:07 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 11:26 a.m. by President Owen.
MOTION
On motion of Senator Oke, the following resolution was adopted:
SENATE RESOLUTION 1997-8626
By Senators Oke, Haugen, Long, Franklin, Spanel and Kohl
WHEREAS, One of four high school seniors in Washington are current smokers; and
WHEREAS, Three thousand young people start smoking every day in the United States, one third of whom will eventually die of tobacco-related illnesses; and
WHEREAS, Advertising and peer pressure are strong motivating factors in a teen's decision to start using tobacco; and
WHEREAS, Teens all across Washington are involved in programs and activities such as youth coalitions, Teens as Teachers, and the American Cancer Society's Youth Initiative; and
WHEREAS, These programs are designed to prepare teens to educate younger teens and preteens about the dangers of tobacco use; and
WHEREAS, Teens are speaking out in support of stronger policies to restrict tobacco access and exposure by minors; and
WHEREAS, Youths have opportunities to speak out against tobacco through programs sponsored by local health departments, the American Lung Association, the American Cancer Society, and Washington Doctors Ought to Care;
NOW, THEREFORE, BE IT RESOLVED, That the Senate recognizes teens involved in anti-tobacco programs designed to keep tobacco away from minors and eliminate exposure to second-hand smoke; and
BE IT FURTHER RESOLVED, That the Senate recognizes the Teens Against Tobacco Day where teens from across the state advocate for stronger state laws restricting access and exposure to tobacco by minors; and
BE IT FURTHER RESOLVED, That copies of the resolution be immediately transmitted by the Secretary of the Senate to Astrid Berg, American Lung Association of Washington; Steve Bowman, Washington State Department of Health; Robert Jaffe, M.D., Washington Doctors Ought to Care, Willie Stewart, Chairman of the Board, American Cancer Society, Western Pacific Division; Ann Marie Pomerinke, Chief Executive Officer, American Cancer Society, Western Pacific Division; and David Harrelson, Program Manager for Tobacco Control, American Cancer Society, Western Pacific Division.
Senators Oke, Franklin and Roach spoke to Senate Resolution 1997-8626.
MOTION
On motion of Senator Haugen, the following resolution was adopted:
SENATE RESOLUTION 1997-8627
By Senators Haugen, Long and Kohl
WHEREAS, The number of Washington teens who have tried alcohol or cigarettes has risen above the national average; and
WHEREAS, There is growing concern that national advertising campaigns by alcohol and tobacco industries have undue influence on teen audiences; and
WHEREAS, Coupeville School Social Worker Mindy Pelton works with students at the middle-school and high-school level in the prevention of alcohol, tobacco, and other drug use; and
WHEREAS, A perceptive group of Coupeville students recognized the symbolism and message of a popular beer commercial and interpreted this ad as clearly targeting minors, and encouraging them to disregard the legal drinking age; and
WHEREAS, The students and Ms. Pelton wrote directly to the manufacturer to voice their concern for the ad; and
WHEREAS, The students suggested several ways the commercial could be recast so it would not target minors;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor the awareness and activism demonstrated by the Coupeville students and Mindy Pelton in their efforts to combat the influence of alcohol and tobacco advertising on minors; and
BE IT FURTHER RESOLVED, That the Senate applaud this group in their efforts to reduce drug and alcohol abuse by teenagers in our state and across the country.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the Coupeville middle-school and high-school students and the school social worker, Mindy Pelton, who were seated in the gallery.
MOTION
On motion of Senator Johnson, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 5079, by Senator Swecker
Providing an alternative means to comply with wastewater discharge permit requirements.
MOTIONS
On motion of Senator Morton, Substitute Senate Bill No. 5079 was substituted for Senate Bill No. 5079 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 5079 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 Fraser: "Senator Swecker, I would appreciate it if you could provide some clarification. The summary in our report here says, 'This new procedure would not apply to renewals of existing permits.' The language in the bill itself is sort of a term of art. It speaks to modification of an existing permit. So, my question is, is the intent of the bill to apply to renewals?"
Senator Swecker: "Senator Fraser, the intent of the bill is not to apply to renewals. It is only to apply to new applications for permits or permit applications where substantial changes are being proposed by the applicant."
Senator Fraser: "Thank you."
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5079.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5079 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Jacobsen and McCaslin - 2. SUBSTITUTE SENATE BILL NO. 5079, 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. 5330, by Senators Sellar, Snyder and McCaslin
Allowing another type of golfing sweepstakes.
The bill was read the second time.
MOTION
On motion of Senator Schow, the rules were suspended, Senate Bill No. 5330 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF ORDER
Senator Heavey: "A point of order, Mr. President. Does this vote require a sixty percent majority?"
RULING BY THE PRESIDENT
President Owen: "In ruling upon the point of order raised by Senator Heavey, the President finds that Senate Bill No. 5330 is a bill that would make an addition to the list of legal wagers on golfing events. The measure would permit the auctioning of players or teams in a golfing contest. The person placing the highest bid on the winning player or team would receive the proceeds from the auction.
"The President, therefore, finds that the measure does expand gambling and does require a sixty percent majority under Article II, section 24 of the State Constitution."
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5330.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5330 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 13; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Heavey, Horn, Johnson, Kline, Kohl, Loveland, McDonald, Newhouse, Oke, Patterson, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley and Wood - 34. Voting nay: Senators Goings, Hargrove, Haugen, Hochstatter, Long, McAuliffe, Morton, Prentice, Prince, Rasmussen, Thibaudeau, Wojahn and Zarelli - 13. Excused: Senators Jacobsen and McCaslin - 2. SENATE BILL NO. 5330, having received the constitutional sixty percent 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. 5108, by Senators Roach and Johnson
Transferring certain interests in individual retirement accounts.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5108 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. 5108.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5108 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Jacobsen and McCaslin - 2. SENATE BILL NO. 5108, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 12:02 p.m., on motion of Senator Johnson, the Senate adjourned until 10:00 a.m. Monday, March 3, 1997.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate