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FIFTY-THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Thursday, March 6, 1997
The Senate was called to order at 8:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Goings, Hargrove, McDonald, Prince, Roach and Wojahn. On motion of Senator Hale, Senators McDonald, Prince and Roach were excused. On motion of Senator Franklin, Senators Goings and Wojahn were excused.
The Sergeant at Arms Color Guard, consisting of Pages Dustin Wilson and Amanda Nettleton, presented the Colors. Elder James Erlandson of the Reorganized Church of Jesus Christ of Latter-Day Saints of Olympia, 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.
INTRODUCTION AND FIRST READING
SB 6052 by Senators Kohl, Long, Patterson and Rasmussen (by request of Department of Social and Health Services)
AN ACT Relating to background reviews of persons with access to children and vulnerable adults; amending RCW 9.96A.020, 41.06.475, and 43.20A.710; adding new sections to chapter 43.20A RCW; and repealing RCW 72.23.035.
Referred to Committee on Human Services and Corrections.
SB 6053 by Senators Spanel, Snyder, Loveland, Wojahn, McAuliffe, Patterson, Goings and Kohl (by request of Governor Locke)
AN ACT Relating to property tax relief by allowing for valuation increases to be spread over time, allowing for a property tax credit, and reducing the one hundred six percent limit; amending RCW 84.04.030, 84.40.020, 84.40.030, 84.40.040, 84.40.045, 84.41.041, 84.48.010, 84.48.065, 84.48.075, 84.48.080, 84.12.270, 84.12.280, 84.12.310, 84.12.330, 84.12.350, 84.12.360, 84.16.040, 84.16.050, 84.16.090, 84.16.110, 84.16.120, 84.36.041, 84.52.063, 84.70.010, 84.52.080, 84.56.050, 84.36.383, 84.36.385, 84.36.387, 84.36.389, 84.55.005, 84.55.010, 84.55.020, 35.61.210, 70.44.060, 84.08.115, and 84.55.120; adding a new section to chapter 84.04 RCW; adding a new section to chapter 84.40 RCW; adding a new section to chapter 84.52 RCW; adding a new section to chapter 84.55 RCW; creating new sections; and providing a contingent effective date.
Referred to Committee on Ways and Means.
SJR 8212 by Senators Spanel, Snyder, Loveland, Wojahn, McAuliffe, Goings and Kohl (by request of Governor Locke)
Amending the state Constitution to allow for property tax relief.
Referred to Committee on Ways and Means.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Long, Gubernatorial Appointment No. 9124, Lyle Quasim, as Secretary of the Department of Social and Health Services, was confirmed.
Senators Long, Thibaudeau, Deccio, Rasmussen and Oke spoke to the confirmation of Lyle Quasim as Secretary of the Department of Social and Health Services.
APPOINTMENT OF LYLE QUASIM
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 1; Absent, 1; Excused, 5.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley and Wood - 42. Voting nay: Senator Zarelli - 1. Absent: Senator Hargrove - 1. Excused: Senators Goings, McDonald, Prince, Roach and Wojahn - 5. MOTION
On motion of Senator Sellar, Gubernatorial Appointment No. 9229, Thomas A. Green, as a member of the Transportation Commission, was confirmed.
APPOINTMENT OF THOMAS A. GREEN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 44. Excused: Senators Brown, Goings, McDonald, Prince and Wojahn - 5.
MOTION
On motion of Senator Strannigan, Gubernatorial Appointment No. 9120, Steve Kolodney, as Director of the Department of Information Services, was confirmed.
Senators Strannigan, Bauer and Swanson spoke to the confirmation of Steve Kolodney as Director of the Department of Information Services.
APPOINTMENT OF STEVE KOLODNEY
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 45. Excused: Senators Goings, McDonald, Prince and Wojahn - 4.
MOTION
On motion of Senator Wood, Gubernatorial Appointment No. 9172, David Lamb, as a member of the Board of Trustees for The Evergreen State College, was confirmed.
Senators Wood and Snyder spoke to the confirmation of David Lamb as a member of the Board of Trustees for The Evergreen State College.
APPOINTMENT OF DAVID LAMB
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 46. Excused: Senators McDonald, Prince and Wojahn - 3.
SECOND READING
SENATE BILL NO. 5132, by Senators Zarelli, Schow, Winsley and Oke
Simplifying designation of school bus stops as drug-free zones.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5132 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 Senate Bill No. 5132.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5132 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, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators McDonald and Prince - 2. SENATE BILL NO. 5132, 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. 5472, by Senators West, Spanel, McDonald, Kohl, Long, Sheldon, Strannigan, Oke and Winsley
Creating the caseload forecast council.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 5472 was substituted for Senate Bill No. 5472 and the substitute bill was placed on second reading and read the second time.
On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 5472 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. 5472.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5472 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, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators McDonald and Prince - 2. SUBSTITUTE SENATE BILL NO. 5472, 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. 5243, by Senators Oke, Rasmussen, Winsley, Morton, Benton, Prince, Stevens, Horn, Zarelli, Long, Roach, Swecker, Deccio, McCaslin, Hale, Sellar, Johnson, Bauer, McAuliffe and Haugen
Exempting disabled veterans from reservation fees for state parks.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Senate Bill No. 5243 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 Senate Bill No. 5243.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5243 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, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators McDonald and Prince - 2. SENATE BILL NO. 5243, 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. 5295, by Senators Roach, Goings, Kohl, Wojahn, Zarelli, Schow and Patterson
Revising district court procedures regarding small claims and appeals.
MOTIONS
On motion of Senator Roach, Substitute Senate Bill No. 5295 was substituted for Senate Bill No. 5295 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 5295 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. 5295.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5295 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Voting nay: Senator Kline - 1. Excused: Senators McDonald and Prince - 2. SUBSTITUTE SENATE BILL NO. 5295, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Franklin, Senator Snyder was excused.
SECOND READING
SENATE BILL NO. 5010, by Senators Prentice and Winsley (by request of Pollution Liability Insurance Agency)
Expanding the duties of the director of the Washington state pollution liability insurance agency.
MOTIONS
On motion of Senator Winsley, Substitute Senate Bill No. 5010 was substituted for Senate Bill No. 5010 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. 5010 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. 5010.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5010 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, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Excused: Senators McDonald, Prince and Snyder - 3. SUBSTITUTE SENATE BILL NO. 5010, 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. 5371, by Senators Rossi, Brown, Hochstatter, Strannigan and Winsley (by request of Utilities and Transportation Commission)
Exempting regulated utilities from seeking commission preapproval of some short-term notes having a maturity of twelve or fewer months.
The bill was read the second time.
MOTION
On motion of Senator Finkbeiner, the rules were suspended, Senate Bill No. 5371 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 Senate Bill No. 5371.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5371 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, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Excused: Senators McDonald, Prince and Snyder - 3. SENATE BILL NO. 5371, 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. 5154, by Senators Horn, Heavey and Prince
Extending the vehicle gross weight schedule.
The bill was read the second time.
MOTION
On motion of Senator Horn, the rules were suspended, Senate Bill No. 5154 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Swanson: “Senator Horn, would this break down into layman’s language like a third truck--a third whatchamacallit--to a third trailer on a truck?”
Senator Horn: “No, this is the six and seven axle without the third trailer.”
Senator Swanson: “Thank you.”
POINT OF INQUIRY
Senator Wojahn: “Senator Horn, would you tell me how long a triple trailer is--the axle of a triple trailer? Do you know? I don’t mean to embarrass you, but I am adamantly opposed to triple trailers and I think we need to clarify this.”
Senator Horn: “I’m sorry, I do not know what the length of a triple trailer is. I can get that information and contact you later.”
Senator Wojahn: “Well, it won’t do very much good if this is the same--if we are going to vote on it now. Senator Prince isn’t here today is he? Does anyone know what the triple trailer length is--the axle? I hate to delay this, but I think we need to put this down until we get the answers. Thank you.”
Further debate ensued.
Senator Wojahn withdrew her opposition to the bill, since the bill deals only with weight.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5154.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5154 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, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators McDonald and Prince - 2. SENATE BILL NO. 5154, 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. 5253, by Senators Strannigan, Oke, Hargrove, Roach, Morton, Swecker, Horn and Winsley
Allowing nonresidents under the age of fifteen to obtain a free fishing license.
The bill was read the second time.
MOTION
On motion of Senator Strannigan, the rules were suspended, Senate Bill No. 5253 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. 5253.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5253 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, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators McDonald and Prince - 2. SENATE BILL NO. 5253, 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. 5266, by Senators Horn, Fraser, Newhouse and Schow (by request of Department of Licensing)
Regulating engineers and land surveyors.
The bill was read the second time.
MOTION
On motion of Senator Horn, the rules were suspended, Senate Bill No. 5266 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 Senate Bill No. 5266.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5266 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, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators McDonald and Prince - 2. SENATE BILL NO. 5266, 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. 5144, by Senator Roach
Modifying numerous local government administrative requirements.
MOTIONS
On motion of Senator Roach, Substitute Senate Bill No. 5144 was substituted for Senate Bill No. 5144 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 5144 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. 5144.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5144 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, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators McDonald and Prince - 2. SUBSTITUTE SENATE BILL NO. 5144, 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 9:30 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 10:29 a.m. by President Owen.
SECOND READING
SENATE JOINT RESOLUTION NO. 8204, by Senators McCaslin and Haugen
Amending the Constitution to provide an alternative method of framing a county charter.
The joint resolution was read the second time.
MOTION
On motion of Senator McCaslin, the rules were suspended, Senate Joint Resolution No. 8204 was advanced to third reading, the second reading considered the third and the joint resolution 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 Senate Joint Resolution No. 8204.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Resolution No. 8204 and the joint resolution passed the Senate by the following vote: Yeas, 40; Nays, 7; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Swanson, Swecker, Thibaudeau, West, Winsley and Wojahn - 40. Voting nay: Senators Benton, Hochstatter, Loveland, Newhouse, Stevens, Strannigan and Zarelli - 7. Absent: Senator Wood - 1. Excused: Senator Prince - 1. SENATE JOINT RESOLUTION NO. 8204, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 5281, by Senators Morton, Rasmussen and Stevens (by request of Department of Agriculture)
Updating and modifying certain noxious weed provisions.
MOTIONS
On motion of Senator Morton, Substitute Senate Bill No. 5281 was substituted for Senate Bill No. 5281 and the substitute bill was placed on second reading and read the second time.
Senator Haugen moved that the following amendment by Senators Haugen and Snyder be adopted:
On page 6, line 6, after "products." insert the following: "In counties with designations of spartina as a noxious aquatic weed, one member of the county noxious weed board shall have knowledge of this weed and its control." Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Haugen and Snyder on page 6, line 6, to Substitute Senate Bill No. 5281.
The motion by Senator Haugen carried and the amendment was adopted.
MOTION
On motion of Senator Morton, the following amendments by Senators Morton and Loveland were considered simultaneously and were adopted:
On page 9, line 9, strike “fifty registered voters within the county” and insert “five hundred registered voters that are land owners within the county” On page 13, line 26, after "(2)" strike “Forest” and insert “Farm and agricultural lands classified under RCW 84.34.020(2) and forest”
MOTION
On motion of Senator McCaslin, the rules were suspended, Engrossed Substitute Senate Bill No. 5281 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 Engrossed Substitute Senate Bill No. 5281.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5281 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Prince - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 5281, 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. 5200, by Senators Wood, Kohl, Winsley and Bauer (by request of Higher Education Coordinating Board)
Referencing the prior fiscal period rather than biennia for refunds and recoveries to the state educational trust fund.
The bill was read the second time.
MOTION
On motion of Senator Wood, the rules were suspended, Senate Bill No. 5200 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 Senate Bill No. 5200.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5200 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Prince - 1. SENATE BILL NO. 5200, 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. 5514, by Senators Morton, Rasmussen and Swecker (by request of Department of Agriculture)
Authorizing fees for commodity commissions and the department of agriculture.
The bill was read the second time.
MOTIONS
On motion of Senator Morton, the following Committee on Agriculture and Environment amendment was adopted:
On page 3, after line 13, insert the following: "NEW SECTION. Sec. 5. A new section is added to chapter 15.66 RCW to read as follows: The wheat commission may raise the rate of annual assessment in excess of the fiscal growth factor under chapter 43.135 RCW from one-half percent of the net receipts at the first point of sale to one percent. The assessment limits established by this section are set solely to provide prior legislative authority for the purpose of RCW 43.135.055 and may not be construed as providing a limitation on the authority of the commission to alter assessments in any manner not limited by RCW 43.135.055. However any alteration in assessments made under the authority of this section shall be made in compliance with the procedural requirements established by this chapter for altering or amending such assessments." Renumber the remaining section consecutively. On motion of Senator Morton, the following title amendment was adopted:
On page 1, line 4 of the title, after "43.23 RCW;" insert "adding a new section to chapter 15.66 RCW;"
MOTION
On motion of Senator Morton, the rules were suspended, Engrossed Senate Bill No. 5514 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5514.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5514 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Prince - 1. ENGROSSED SENATE BILL NO. 5514, 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. 5394, by Senators Hochstatter, West and Spanel (by request of Office of Financial Management)
Regarding school audits.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 5394 was substituted for Senate Bill No. 5394 and the substitute bill was placed on second reading and read the second time.
On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 5394 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. 5394.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5394 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Prince - 1. SUBSTITUTE SENATE BILL NO. 5394, 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. 5119, by Senators Swecker, Snyder and Roach
Compensating members of the forest practices appeals board.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 5119 was substituted for Senate Bill No. 5119 and the substitute bill was placed on second reading and read the second time.
Senator Benton moved that the following amendment by Senators Benton, Swecker and Heavey be adopted:
On page 1, after line 5, insert the following: "Sec. 1. RCW 68.52.220 and 1994 c 223 s 77 are each amended to read as follows: The affairs of the district shall be managed by a board of cemetery district commissioners composed of three members. Members of the board shall receive ((no compensation for their services, but)) fifty dollars per day or portion thereof, not to exceed four thousand eight hundred dollars per year, for attendance at board meetings and for performance of other services in behalf of the district. In addition, members of the board shall receive expenses necessarily incurred in attending meetings of the board or when otherwise engaged in district business. The board shall fix the compensation to be paid the secretary and other employees of the district. Cemetery district commissioners and candidates for cemetery district commissioner are exempt from the requirements of chapter 42.17 RCW. The initial cemetery district commissioners shall assume office immediately upon their election and qualification. Staggering of terms of office shall be accomplished as follows: (1) The person elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall assume office immediately after they are elected and qualified but their terms of office shall be calculated from the first day of January after the election. Thereafter, commissioners shall be elected to six-year terms of office. Commissioners shall serve until their successors are elected and qualified and assume office as provided in RCW 29.04.170. The polling places for a cemetery district election may be located inside or outside the boundaries of the district, as determined by the auditor of the county in which the cemetery district is located, and no such election shall be held irregular or void on that account." Renumber the sections consecutively and correct any internal references accordingly.
POINT OF ORDER
Senator Haugen: “Mr. President, I would like to raise the scope and object on this amendment. I believe the title of the bill deals with the Forest Practices Appeals Board and this amendment would include the cemetery district commissioners under that.”
MOTION
On motion of Senator Johnson, further consideration of Substitute Senate Bill No. 5119 was deferred.
President Pro Tempore Newhouse assumed the Chair.
SECOND READING
SENATE BILL NO. 5199, by Senators Wood, Kohl, Winsley, Bauer, Hale, Sheldon, Horn and Oke (by request of Higher Education Coordinating Board)
Requiring the higher education coordinating board to develop models for the delivery of technology-based programs.
The bill was read the second time.
MOTION
On motion of Senator Wood, the rules were suspended, Senate Bill No. 5199 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5199.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5199 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Prince - 1. SENATE BILL NO. 5199, 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.
President Owen assumed the Chair.
There being no objection, the Senate resumed consideration of Senate Bill No. 5119 and the pending amendment by Senators Benton, Swecker and Heavey on page 1, after line 5, deferred earlier today.
RULING BY THE PRESIDENT
President Owen: "In ruling upon the point of order raised by Senator Haugen, the President finds that Substitute Senate Bill No. 5119 is a measure which permits the Director of the Environmental Review Hearings Office to determine which duties of the Forest Practice Appeals Board merit compensation.
"The amendment by Senators Benton, Swecker and Heavey would provide that members of cemetery boards receive compensation, as well as expense reimbursement.
"The President, therefor, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."
The amendment by Senators Benton, Swecker and Heavey on page 1, after line 5, to Substitute Senate Bill No. 5119 was ruled out of order.
MOTION
On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 5119 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. 5119.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5119 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator McCaslin - 1. Excused: Senator Prince - 1. SUBSTITUTE SENATE BILL NO. 5119, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Hale, Senator Benton was excused.
SECOND READING
SENATE BILL NO. 5085, by Senators Roach, Swecker, McCaslin and Winsley
Removing a defense to the crime of criminal conspiracy.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5085 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. 5085.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5085 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 44. Voting nay: Senators Kline, Swanson and Thibaudeau - 3. Excused: Senators Benton and Prince - 2. SENATE BILL NO. 5085, 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. 5347, by Senators Roach, Oke, Winsley, Snyder, Bauer, Swecker, Morton, Schow, Zarelli, Rossi, Strannigan and Rasmussen
Creating a program for juvenile fishing only waters.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 5347 was substituted for Senate Bill No. 5347 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 5347 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Hale, Senator Sellar was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5347.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5347 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, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Prince and Sellar - 2. SUBSTITUTE SENATE BILL NO. 5347, 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 11:37 a.m., on motion of Senator Johnson, the Senate recessed until 1:15 p.m.
The Senate was called to order at 1:15 p.m. by President Owen.
At 1:15 p.m., the President declared the Senate to be at ease.
The Senate was called to order at 1:18 p.m. by President Owen.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Anderson, Gubernatorial Appointment No. 9160, Sheryl S. Hershey, as a member of the Board of Trustees for Bellingham Technical College District No. 25, was confirmed.
Senators Anderson and Spanel spoke to the confirmation of Sheryl S. Hershey, as a member of the Board of Trustees for Bellingham Technical College.
MOTION
On motion of Senator Hale, Senators Deccio and Winsley were excused.
APPOINTMENT OF SHERYL S. HERSHEY
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Wojahn, Wood and Zarelli - 45. Absent: Senator Hargrove - 1. Excused: Senators Deccio, Prince and Winsley - 3.
SECOND READING
SENATE BILL NO. 5140, by Senators Long, Zarelli, Schow, Kohl, Franklin, Hargrove and Winsley (by request of Department of Corrections)
Revising provisions relating to community placement of offenders.
The bill was read the second time.
MOTION
On motion of Senator Long, the rules were suspended, Senate Bill No. 5140 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 Senate Bill No. 5140.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5140 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Prince - 1. SENATE BILL NO. 5140, 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. 5229, by Senators Prince, Loveland, Morton, Oke, Stevens, Fraser, Swecker, Rasmussen, Hochstatter, Johnson, Bauer, Horn, Snyder, Winsley, Roach, McDonald and Haugen
Extending permitted uses of assembly halls and meeting places to maintain property tax exemptions.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, Senate Bill No. 5229 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. 5229.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5229 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Prince - 1. SENATE BILL NO. 5229, 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. 5139, by Senators Oke, Snyder, Swecker and Winsley (by request of Parks and Recreation Commission)
Regarding enterprise activities of the state parks and recreation commission.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Senate Bill No. 5139 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. 5139.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5139 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Prince - 1. SENATE BILL NO. 5139, 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. 5273, by Senators Morton, Fraser, Swecker, Prentice, Strannigan and Haugen
Regulating compensatory mitigation.
MOTIONS
On motion of Senator Morton, Substitute Senate Bill No. 5273 was substituted for Senate Bill No. 5273 and the substitute bill was placed on second reading and read the second time.
Senator Heavey moved that the following amendments be considered simultaneously and be adopted:
On page 1, line 7, after “habitat” strike “for necessary or unavoidable development” On page 3, line 5, after “impacts.” strike all material through “chapters.” on line 12. Renumber remaining subsections accordingly. Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Heavey on page 2, line 7, and page 3, line 5, to Substitute Senate Bill No. 5273.
The motion by Senator Heavey failed and the amendments were not adopted.
MOTION
Senator Fraser moved that the following amendments be considered simultaneously and be adopted:
On page 2, line 12 after "option." insert the following: "It shall further be the policy of the state to encourage the active involvement of citizens from local communities in developing mitigation plans." On page 3, after line 30, insert the following: "(d) Provide for compliance with the public participation requirements of this section." On page 4, after line 33, insert the following: "(5) When an environmental regulatory agency receives a proposed compensatory mitigation plan from a project proponent, the agency shall ensure that ample opportunities for public involvement in the review and development of a draft memorandum of agreement are provided. When a draft memorandum of agreement has been reached between the project proponents and the environmental regulatory agency or agencies, the agency or agencies shall hold a public hearing on the draft agreement. The public hearing shall be held in the local community of the project requiring the mitigation to occur. The agency or agencies involved in the decision whether to enter the agreement shall respond to the public comments received." Renumber subsections and correct internal references accordingly. Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Fraser on page 2, line 12; page 3, after line 30; and page 4, after line 33; to Substitute Senate Bill No. 5273.
The motion by Senator Fraser failed and the amendments were not adopted on a rising vote.
MOTION
Senator Heavey moved that the following amendment be adopted:
On page 4, line 12, after “values” strike “, compared to the existing conditions,” Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Heavey on page 4, line 12, to Substitute Senate Bill No. 5273.
The motion by Senator Heavey failed and the amendment was not adopted.
MOTION
Senator Fraser moved that the following amendment be adopted:
On page 5, line 4, after “mitigation” delete "for sediment dredging or capping actions that" and insert "for the cleanup of hazardous substances under federal or state cleanup laws where the cleanup action plan ensures that the cleanup actions will" Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Fraser on page 5, line 4, to Substitute Senate Bill No. 5273.
The motion by Senator Fraser carried and the amendment was adopted.
MOTION
On motion of Senator Morton, the rules were suspended, Engrossed Substitute Senate Bill No. 5273 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 Engrossed Substitute Senate Bill No. 5273.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5273 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 9; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 39. Voting nay: Senators Brown, Fairley, Heavey, Kline, Kohl, Patterson, Schow, Swanson and Thibaudeau - 9. Excused: Senator Prince - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 5273, 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. 5372, by Senators Finkbeiner, Brown, Hochstatter, Strannigan and Rossi (by request of Utilities and Transportation Commission)
Limiting the number of times the maximum disposal fee at a radioactive waste disposal site may be adjusted.
The bill was read the second time.
MOTION
On motion of Senator Finkbeiner, the rules were suspended, Senate Bill No. 5372 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 Senate Bill No. 5372.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5372 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Prince - 1. SENATE BILL NO. 5372, 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 2:13 p.m., on motion of Senator Johnson, the Senate adjourned until 8:00 a.m., Friday, March 7, 1997.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate