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SIXTIETH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Thursday, March 13, 1997

      The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Brown, Finkbeiner and Haugen. On motion of Senator Franklin, Senator Haugen was excused.

      The Sergeant at Arms Color Guard, consisting of Jordan Stephens and Dave Doyle, presented the Colors. Reverend Bruce Armstrong, pastor of the Lacey Presbyterian Church, 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.

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENT

March 11, 1997

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following appointment, subject to your confirmation.

      Jesse Farias, appointed for a term beginning April 1, 1997, and ending January 15, 2001, as a member of the Liquor Control Board.

Sincerely,

GARY LOCKE, Governor

      Referred to Committee on Commerce and Labor.

MESSAGES FROM THE HOUSE

March 11, 1997

MR. PRESIDENT:

      The House has passed:

      ENGROSSED HOUSE BILL NO. 1186,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1214,

      ENGROSSED HOUSE BILL NO. 1408,

      ENGROSSED HOUSE BILL NO. 1832,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1899, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 11, 1997

MR. PRESIDENT:

      The House has passed:

      HOUSE BILL NO. 1300,

      HOUSE BILL NO. 1301,

      SUBSTITUTE HOUSE BILL NO. 1385,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1443,

      SUBSTITUTE HOUSE BILL NO. 1467,

      SUBSTITUTE HOUSE BILL NO. 1474,

      HOUSE BILL NO. 1487,

      HOUSE BILL NO. 1489,

      SUBSTITUTE HOUSE BILL NO. 1503,

      SUBSTITUTE HOUSE BILL NO. 1504,

      HOUSE BILL NO. 1525,

      HOUSE BILL NO. 1559,

      SUBSTITUTE HOUSE BILL NO. 1566,

      SUBSTITUTE HOUSE BILL NO. 1577,

      SUBSTITUTE HOUSE BILL NO. 1580,

      HOUSE BILL NO. 1609,

      HOUSE BILL NO. 1615,

      SUBSTITUTE HOUSE BILL NO. 1631,

      HOUSE BILL NO. 1673,

      HOUSE BILL NO. 1676,

      SUBSTITUTE HOUSE BILL NO. 1726,

      SUBSTITUTE HOUSE BILL NO. 1729,

      SUBSTITUTE HOUSE BILL NO. 1750,

      HOUSE BILL NO. 1751,

      HOUSE BILL NO. 1778,

      HOUSE BILL NO. 1785,

      SUBSTITUTE HOUSE BILL NO. 1786,

      SUBSTITUTE HOUSE BILL NO. 1799,

      SUBSTITUTE HOUSE BILL NO. 1834,

      HOUSE BILL NO. 1835,

      HOUSE BILL NO. 1874,

      SUBSTITUTE HOUSE BILL NO. 1875,

      HOUSE BILL NO. 1942,

      HOUSE BILL NO. 1945,

      SUBSTITUTE HOUSE BILL NO. 1975,

      SUBSTITUTE HOUSE BILL NO. 2044,

      SUBSTITUTE HOUSE BILL NO. 2083, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 12, 997

MR. PRESIDENT:

      The Speaker has signed:

      HOUSE BILL NO. 1959,

      HOUSE CONCURRENT RESOLUTION NO. 4412, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 12, 1997

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE HOUSE BILL NO. 2110,

      HOUSE BILL NO. 2127,

      HOUSE BILL NO. 2143,

      HOUSE BILL NO. 2163,

      HOUSE BILL NO. 2165,

      SUBSTITUTE HOUSE BILL NO. 2166,

      SUBSTITUTE HOUSE BILL NO. 2189,

      SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4010, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

SIGNED BY THE PRESIDENT

      The President signed:

      HOUSE BILL NO. 1959,

      HOUSE CONCURRENT RESOLUTION NO. 4412.

INTRODUCTION AND FIRST READING

SB 6060             by Senator Spanel (by request of Department of Revenue)

AN ACT Relating to payment to municipal corporations of property taxes deferred by senior citizens and persons retired by reason of disability; amending RCW 84.38.120; providing an effective date; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 6061             by Senators Prince, Haugen and Wood (by request of Governor Locke)

AN ACT Relating to transportation funding and appropriations; creating new sections; making appropriations; and declaring an emergency.

Referred to Committee on Transportation.

SB 6062             by Senators West and Spanel (by request of Governor Locke)

AN ACT Relating to fiscal matters; making appropriations and authorizing expenditures for the operations of state agencies for the fiscal biennium beginning July 1, 1997, and ending June 30, 1999; amending RCW 43.08.250; creating new sections; providing an effective date; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 6063             by Senators Strannigan and Fraser (by request of Governor Locke)

AN ACT Relating to the capital budget; making appropriations and authorizing expenditures for capital improvements; creating new sections; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 6064             by Senators Strannigan and Fraser (by request of Office of Financial Management)

AN ACT Relating to state general obligation bonds and related accounts; amending RCW 39.42.060, 28B.56.100, 28B.106.040, 43.83A.090, 43.99E.045, 43.99F.080, 43.99G.030, 43.99G.040, 43.99G.050, 43.99G.104, 43.99H.030, 43.99H.040, 43.99I.030, 43.99J.030, 43.99K.030, 47.26.506, 67.40.060, 70.48.310, 70.48A.070, 79.24.658, 43.83.160, 43.99I.020, 43.99I.040, 43.99I.090, 43.99K.010, and 43.99K.020; adding new sections to chapter 28A.525 RCW; adding new chapters to Title 43 RCW; repealing RCW 43.99I.050; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 6065             by Senators Strannigan and Fraser (by request of Governor Locke)

AN ACT Relating to the capital budget; amending 1995 2nd sp.s. c 16 s 713 (uncodified); adding new sections to 1995 2nd sp.s. c 16; making appropriations and authorizing expenditures for capital improvements; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 6066             by Senators West and Spanel (by request of Governor Locke)

AN ACT Relating to fiscal matters; amending 1996 c 283 ss 109, 113, 114, 116, 119, 121, 124, 133, 135, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 220, 301, 302, 304, 305, 306, 402, 501, 502, 504, 505, 506, 507, 509, 511, 512, 514, 515, 516, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703, 705, 709, 801, 802, and 803 (uncodified); amending 1995 2nd sp.s. c 18 ss 116, 210, 213, and 306 (uncodified); adding new sections to 1995 2nd sp.s. c 18 (uncodified); making appropriations; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 6067             by Senators West, McDonald and Oke

AN ACT Relating to restricting public reimbursement of criminal defendants; and amending RCW 9A.16.110.

Referred to Committee on Ways and Means.

SB 6068             by Senators West, Spanel and Oke (by request of Secretary of State Munro)

AN ACT Relating to legal advertising of state measures; and amending RCW 29.27.072 and 29.27.074.

Referred to Committee on Ways and Means.

SB 6069             by Senators West and Spanel (by request of Office of Financial Management)

AN ACT Relating to reducing paperwork related to requirements for the governor's budget document; and reenacting and amending RCW 43.88.030.

Referred to Committee on Ways and Means.

SB 6070             by Senators West and Spanel (by request of Office of Financial Management)

AN ACT Relating to the disaster response account; adding a new section to chapter 38.52 RCW; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 6071             by Senators West and Spanel (by request of Governor Locke)

AN ACT Relating to school levies; and amending RCW 28A.500.010, 84.52.0531, and 28A.320.150.

Referred to Committee on Ways and Means.

SB 6072             by Senators West and Spanel (by request of Office of Financial Management)

AN ACT Relating to modifying the timelines for development and implementation of the student assessment system; reenacting and amending RCW 28A.630.885; repealing 1995 c 335 s 803 (uncodified); and providing an expiration date.

Referred to Committee on Education.

SB 6073             by Senators West and McDonald

AN ACT Relating to cigarettes and tobacco; amending RCW 66.44.010, 82.24.010, 82.24.110, 82.24.130, 82.24.190, 82.24.250, 82.24.550, and 82.32.300; adding a new section to chapter 82.24 RCW; adding a new section to chapter 82.26 RCW; and prescribing penalties.

Referred to Committee on Ways and Means.

SB 6074             by Senator West

AN ACT Relating to offender employment goals; and amending RCW 72.09.111.

Referred to Committee on Ways and Means.

SB 6075             by Senator West

AN ACT Relating to alien offenders; and amending RCW 9.94A.280.

Referred to Committee on Ways and Means.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

EHB 1186          by Representatives Hickel, Mitchell, Ballasiotes, Dickerson, Robertson, Blalock, Benson, Quall, Sheahan, Delvin, Lisk, Carrell, Cairnes, McDonald, Johnson and DeBolt

Changing duties for aiding injured persons and the penalties for second degree murder.

Referred to Committee on Law and Justice.

ESHB 1214        by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Costa, Ballasiotes, Radcliff, O'Brien, Sheahan, Cody, Lantz, Dickerson and Conway)

Revising sentencing provisions.

Referred to Committee on Law and Justice.

HB 1300            by Representatives Sheahan, Appelwick, Hickel and L. Thomas (by request of Statute Law Committee)

Making technical corrections affecting the department of financial institutions.

Referred to Committee on Financial Institutions, Insurance and Housing.

HB 1301            by Representatives Sheahan, Appelwick and Hickel (by request of Statute Law Committee)

Making technical corrections to the Revised Code of Washington.

Referred to Committee on Law and Justice.

SHB 1385          by House Committee on Education (originally sponsored by Representatives Johnson, B. Thomas, Talcott, Sump and Hickel)

Changing probation provisions for certificated educational employees.

Referred to Committee on Education.

EHB 1408          by Representatives Mielke, Sheahan, Doumit, Pennington, Mulliken, Sterk, Thompson, Dunn and Sullivan

Authorizing carrying of concealed pistols by certain persons from out of state.

Referred to Committee on Law and Justice.

ESHB 1443        by House Committee on Agriculture and Ecology (originally sponsored by Representatives Mastin, Grant, Johnson, Quall, Koster, Linville, Wensman, Hatfield, Mielke and Smith)

Permitting expedited flood damage repairs during flooding emergencies.

Referred to Committee on Natural Resources and Parks.

SHB 1467          by House Committee on Natural Resources (originally sponsored by Representatives Sump, Sheldon, Chandler, Grant, Alexander, Hatfield, Delvin and Pennington)

Specifying where reclamation performance security must be posted.

Referred to Committee on Natural Resources and Parks.

SHB 1474          by House Committee on Government Reform and Land Use (originally sponsored by Representatives Reams, Cairnes, Lisk, Sherstad, Sheldon, Sheahan, Pennington, Hatfield, Koster, Dunn, Doumit, McMorris, Alexander, Thompson, Bush, McDonald, Delvin, Wensman and Mulliken)

Increasing categorical exemptions from SEPA.

Referred to Committee on Agriculture and Environment.

HB 1487            by Representatives K. Schmidt, Fisher, Mitchell and Hankins

Enhancing transportation planning.

Referred to Committee on Transportation.

HB 1489            by Representatives Chandler, Linville, L. Thomas, Reams, Sheldon, Cairnes, McMorris, Veloria and Schoesler

Modifying public works and water pollution control funding.

Referred to Committee on Government Operations.

SHB 1503          by House Committee on Health Care (originally sponsored by Representatives Backlund, Cody, Anderson and Mason)

Making technical corrections to statutes administered by the department of health.

Referred to Committee on Health and Long-Term Care.

SHB 1504          by House Committee on Government Administration (originally sponsored by Representatives McMorris, Boldt, Honeyford and Dunn)

Protecting records of strategy discussions.

Referred to Committee on Government Operations.

HB 1525            by Representatives K. Schmidt, Hatfield and Skinner (by request of County Road Administration Board)

Revising the submittal date for county six-year transportation programs.

Referred to Committee on Transportation.

HB 1559            by Representative McMorris

Deleting references to the former judicial council.

Referred to Committee on Law and Justice.

SHB 1566          by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Hatfield, Cairnes and Costa) (by request of Washington State Patrol)

Changing accident report requirements.

Referred to Committee on Transportation.

SHB 1577          by House Committee on Government Reform and Land Use (originally sponsored by Representatives Mulliken, Sheldon, Cairnes, L. Thomas, Reams, Sherstad, Mielke, Smith, Koster, McMorris, Dunn, Thompson, Bush, Pennington, Sheahan and Robertson)

Revising land division.

Referred to Committee on Government Operations.

SHB 1580          by House Committee on Appropriations (originally sponsored by Representatives Regala, Cooke, Conway, Schoesler, Grant, Tokuda, Skinner, Benson, Chopp, Veloria, Van Luven, Blalock, Hatfield, Wood, O'Brien, Ogden and Constantine)

Providing funding for community gardens.

Referred to Committee on Ways and Means.

HB 1609            by Representatives Mastin, Poulsen, Hankins and Kessler (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.

Referred to Committee on Energy and Utilities.

HB 1615            by Representatives Alexander, Regala and Sump (by request of Parks and Recreation Commission)

Changing provisions relating to offenses committed in state parks or parkways.

Referred to Committee on Natural Resources and Parks.

SHB 1631          by House Committee on Law and Justice (originally sponsored by Representatives Costa, Kenney, Dickerson, Ogden, Mason, Regala and Lantz) (by request of Washington Uniform Legislation Commission)

Revising the uniform interstate family support act.

Referred to Committee on Law and Justice.

HB 1673            by Representatives Dunn, Bush, Boldt, Koster, Thompson, Mielke, Chandler, Wensman, Alexander, Clements, Skinner, Mulliken and Johnson

Allowing parents to decline having their children in the transitional bilingual program.

Referred to Committee on Education.

HB 1676            by Representatives O'Brien, Skinner, K. Schmidt, Fisher, Ogden and Gardner (by request of County Road Administration Board)

Removing residency requirements for county road engineers.

Referred to Committee on Government Operations.

SHB 1726          by House Committee on Agriculture and Ecology (originally sponsored by Representatives Robertson, Linville, L. Thomas, Regala, Benson, Kastama, Smith, Hatfield, Koster, Sullivan, McDonald, Chandler, Zellinsky, DeBolt, B. Thomas, Cairnes, Johnson, Cooke, Clements, Kessler and Mulliken)

Allowing outdoor burning of storm and flood-related debris.

Referred to Committee on Agriculture and Environment.

SHB 1729          by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Schoesler, Grant and Linville)

Changing irrigation district administration provisions.

Referred to Committee on Agriculture and Environment.

SHB 1750          by House Committee on Government Administration (originally sponsored by Representatives D. Sommers, Sterk and Sheldon)

Protecting existing functional mobile home park septic systems.

Referred to Committee on Financial Institutions, Insurance and Housing.

HB 1751            by Representatives Zellinsky, Clements, L. Thomas, Fisher, Sheldon, Chandler, Carrell, Grant, Ballasiotes, K. Schmidt, Radcliff, Johnson, Cooke, Reams, Smith, Van Luven, Thompson, Lambert, Wensman, O'Brien, Boldt, Wolfe, Dunn and Schoesler

Protecting communications between state employees and legislators.

Referred to Committee on Government Operations.

HB 1778            by Representatives Huff, H. Sommers, Alexander, Benson, Clements, Wensman and O'Brien (by request of Office of Financial Management)

Changing the formula for determining average salaries for certificated instructional staff.

Referred to Committee on Ways and Means.

HB 1785            by Representatives K. Schmidt, Zellinsky and Wensman

Encouraging the public to submit names for state ferries.

Referred to Committee on Transportation.

SHB 1786          by House Committee on Transportation Policy and Budget (originally sponsored by Representatives K. Schmidt, Fisher, Murray, Cooper, Mitchell, Hatfield, Sterk, Skinner, Blalock, Ogden, Robertson, DeBolt, Gardner, Johnson, Wood, Backlund, O'Brien, Scott, Zellinsky, Hankins, Chandler and Dyer)

Requiring the transportation improvement board to report to the legislative transportation committees.

Referred to Committee on Transportation.

SHB 1799          by House Committee on Law and Justice (originally sponsored by Representatives Sheahan, Appelwick, Costa and Sullivan) (by request of Washington Uniform Legislation Commission)

Regarding letters of credit under the uniform commercial code.

Referred to Committee on Law and Justice.

EHB 1832          by Representatives Clements, Linville, Lisk and Grant

Transferring funds for plant pest control activities.

Referred to Committee on Agriculture and Environment.

SHB 1834          by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Linville and Schoesler)

Defining agriculture for the purpose of safety regulations.

Referred to Committee on Agriculture and Environment.

HB 1835            by Representatives Skinner and Clements

Requiring audit resolution reports.

Referred to Committee on Ways and Means.

HB 1874            by Representatives Robertson, O'Brien and Fisher

Modifying electrical inspections within county road rights of way.

Referred to Committee on Commerce and Labor.

SHB 1875          by House Committee on Health Care (originally sponsored by Representatives Skinner, Carlson, Radcliff, Cody, Murray, Hatfield and O'Brien)

Updating terminology in chapter 18.108 RCW.

Referred to Committee on Health and Long-Term Care.

ESHB 1899        by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky, L. Thomas, Carrell, Wolfe, Grant and Sullivan)

Providing standards for life insurance policy illustrations.

Referred to Committee on Financial Institutions, Insurance and Housing.

HB 1942            by Representatives B. Thomas, Thompson and Dyer

Repealing the coal mining code.

Referred to Committee on Natural Resources and Parks.

HB 1945            by Representatives Dunn and Boldt

Concerning foreclosed property deeded by a county for use as state forest land.

Referred to Committee on Natural Resources and Parks.

SHB 1975          by House Committee on Energy and Utilities (originally sponsored by Representatives DeBolt, Morris, Benson and Sullivan)

Regulating public ownership of coal-fired thermal electric generating facilities.

Referred to Committee on Energy and Utilities.

SHB 2044          by House Committee on Energy and Utilities (originally sponsored by Representatives Crouse, Pennington, Mastin, McMorris, DeBolt, D. Sommers, Kessler and Delvin)

Revising the definition of personal wireless service facilities and microcells.

Referred to Committee on Energy and Utilities.

SHB 2083          by House Committee on Government Reform and Land Use (originally sponsored by Representatives Reams, Scott, Buck, Sheldon, Delvin, D. Sommers and Kessler)

Authorizing uses for master planned resorts.

Referred to Committee on Government Operations.

SHB 2110          by House Committee on Children and Family Services (originally sponsored by Representatives Dunn, Van Luven, McDonald, Veloria, Sheldon, Morris, Mason and Boldt)

Facilitating assistance for students with disabilities.

Referred to Committee on Education.

HB 2127            by Representatives Reams, Romero, Cairnes, Regala, Lantz, Ogden and Costa

Requiring state agencies to make available paper copies of information electronically disseminated to the public.

Referred to Committee on Government Operations.

HB 2143            by Representatives Parlette and Chandler

Concerning volunteer ambulance personnel.

Referred to Committee on Government Operations.

HB 2163            by Representatives Sheldon, Conway, Sehlin, Zellinsky, K. Schmidt, D. Sommers, Veloria, Huff, D. Schmidt, Johnson, Lantz, Sullivan, Koster, Pennington, Smith, Costa, Cairnes, Reams, Robertson and Hatfield

Clarifying the requirements for a veterans or military personnel remembrance emblem.

Referred to Committee on Transportation.

HB 2165            by Representatives K. Schmidt, Zellinsky, Fisher, Morris, Radcliff, Sehlin, Sheldon and Hatfield

Paying interest on retroactive raises for ferry workers.

Referred to Committee on Transportation.

SHB 2166          by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Huff, K. Schmidt, Clements, Buck, Talcott, Johnson, Mitchell, Carlson, Delvin, Cooke and Chandler)

Encouraging coordinated transportation services.

Referred to Committee on Transportation.

SHB 2189          by House Committee on Trade and Economic Development (originally sponsored by Representatives McDonald, Van Luven, Veloria and Cooke)

Creating a task force to study alternative financing techniques for the development and renovation of low-income senior housing developments.

Referred to Committee on Financial Institutions, Insurance and Housing.

SHJM 4010        by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Buck, Kessler and Tokuda)

Renaming the Sequim Bypass.

Referred to Committee on Transportation.

SECOND READING

      SENATE BILL NO. 5741, by Senators Wood and Winsley

Requiring a statement of permitted uses and use restrictions for condominiums.

      The bill was read the second time.

MOTION

      On motion of Senator Wood, the rules were suspended, Senate Bill No. 5741 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. 5741.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5741 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, 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, Wojahn, Wood and Zarelli - 46.   Absent: Senators Brown and Finkbeiner - 2.         Excused: Senator Haugen - 1.               SENATE BILL NO. 5741, 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. 5768, by Senators Horn, Thibaudeau, Winsley, Oke, McDonald, Wood, Fairley, Wojahn and Heavey

Creating supported employment programs

MOTIONS

      On motion of Senator Horn, Substitute Senate Bill No. 5768 was substituted for Senate Bill No. 5768 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 5768 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. 5768.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5768 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      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, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.     SUBSTITUTE SENATE BILL NO. 5768, 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. 5769, by Senators Johnson and Goings

Concerning the theft of beverage crates and merchandise pallets.

MOTIONS

      On motion of Senator Johnson, Substitute Senate Bill No. 5769 was substituted for Senate Bill No. 5769 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 5769 was advanced to third reading, the second reading considered the third and the bill was placed on final passage

POINT OF INQUIRY

      Senator Loveland: “Senator Johnson, what is the value of ten pallets or crates? Do you know--or whoever the sponsor of the bill was, if I am not speaking to the correct--?”

      Senator Johnson: “I think it depends upon their condition and what material is used.”

      Senator Loveland: “I guess I am a little concerned to make it a Class C Felony if I didn’t know what the value was for ten pallets. Thank you.”

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5769.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5769 and the bill passed the Senate by the following vote:

Yeas, 34; Nays, 15; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Johnson, Kline, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 34.         Voting nay: Senators Brown, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kohl, Loveland, McAuliffe, Patterson, Prentice, Prince, Swanson, Thibaudeau and Wojahn - 15.      SUBSTITUTE SENATE BILL NO. 5769, 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. 5207, by Senators Swecker, Oke, Stevens, Hargrove, Snyder, Haugen, Morton, Rossi, Roach and Anderson

Concerning habitat conservation plans.

MOTIONS

      On motion of Senator Oke, Substitute Senate Bill No. 5207 was substituted for Senate Bill No. 5207 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. 5207 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. 5207.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5207 and the bill passed the Senate by the following vote:

Yeas, 35; Nays, 13; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 35.       Voting nay: Senators Fairley, Franklin, Fraser, Heavey, Jacobsen, Kline, Kohl, McAuliffe, Sheldon, Spanel, Swanson, Thibaudeau and Wojahn - 13.   Absent: Senator Finkbeiner - 1.            SUBSTITUTE SENATE BILL NO. 5207, 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 9:02 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.

      The Senate was called to order at 11:00 a.m. by President Owen.

SECOND READING

      SENATE BILL NO. 5867, by Senators Sellar, Hale and Kohl

Allowing special excise taxes in certain cities and towns for tourism promotion.

MOTIONS

      On motion of Senator McCaslin, Substitute Senate Bill No. 5867 was substituted for Senate Bill No. 5867 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. 5867 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. 5867.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5867 and the bill passed the Senate by the following vote:

Yeas, 46; Nays, 2; Absent, 1; Excused, 0.

      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, Rasmussen, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.   Voting nay: Senators Prentice and Prince - 2.       Absent: Senator Roach - 1.   SUBSTITUTE SENATE BILL NO. 5867, 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. 5093, by Senator Roach

Prescribing procedures for capital punishment sentencing.

      The bill was read the second time.

MOTION

      On motion of Senator Roach, the rules were suspended, Senate Bill No. 5093 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. 5093.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5093 and the bill passed the Senate by the following vote:

Yeas, 33; Nays, 15; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Snyder, Stevens, Strannigan, Swecker, West, Winsley and Wood - 33.  Voting nay: Senators Brown, Fairley, Franklin, Fraser, Heavey, Kline, Kohl, McAuliffe, Patterson, Prentice, Sheldon, Spanel, Swanson, Thibaudeau and Wojahn - 15.           Absent: Senator Zarelli - 1.   SENATE BILL NO. 5093, 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. 5590, by Senators Newhouse, Fraser, Swecker, Morton, McAuliffe and Rasmussen

Funding a biosolids management program.

      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 1, line 7, after "chapter." strike "A" and insert "An initial"On motion of Senator Morton, the rules were suspended, Engrossed Senate Bill No. 5590 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

      On motion of Senator Hale, Senator Deccio was excused..

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5590.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5590 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, 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, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Excused: Senator Deccio - 1.                 ENGROSSED SENATE BILL NO. 5590, 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. 5664, by Senators Horn, Bauer, Sheldon and Schow

Allowing credit and debit card purchases in state liquor stores.

MOTIONS

      On motion of Senator Horn, Substitute Senate Bill No. 5664 was substituted for Senate Bill No. 5664 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 5664 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. 5664.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5664 and the bill failed to pass the Senate by the following vote: Yeas, 20; Nays, 28; Absent, 0; Excused, 1.

      Voting yea: Senators Bauer, Fraser, Hale, Horn, Jacobsen, Kline, Kohl, McCaslin, McDonald, Prince, Rasmussen, Sellar, Sheldon, Snyder, Spanel, Thibaudeau, West, Winsley, Wojahn and Wood - 20.     Voting nay: Senators Anderson, Benton, Brown, Fairley, Finkbeiner, Franklin, Goings, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Roach, Rossi, Schow, Stevens, Strannigan, Swanson, Swecker and Zarelli - 28.     Excused: Senator Deccio - 1.                SUBSTITUTE SENATE BILL NO. 5664, having failed to receive the constitutional majority, was declared lost.

NOTICE FOR RECONSIDERATION

      Having voted on the prevailing side, Senator Schow served notice that he would move to reconsider the vote by which Substitute Senate Bill No. 5664 failed to pass the Senate.

SECOND READING

      SENATE BILL NO. 5612, by Senators Long, Wojahn, Hale and Horn

Providing qualifications for granting certificates of registration to architects.

MOTIONS

      On motion of Senator Long, Substitute Senate Bill No. 5612 was substituted for Senate Bill No. 5612 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 5612 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. 5612.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5612 and the bill passed the Senate by the following vote:

Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      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, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.    SUBSTITUTE SENATE BILL NO. 5612, 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 McCaslin was excused.

SECOND READING

      SENATE BILL NO. 5332, by Senators Finkbeiner, Strannigan, Schow and Benton

Prohibiting the department of information services from spending funds for multimedia kiosks for the Washington information network.

MOTIONS

      On motion of Senator Finkbeiner, Substitute Senate Bill No. 5332 was substituted for Senate Bill No. 5332 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Finkbeiner, the rules were suspended, Substitute Senate Bill No. 5332 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 Johnson, further consideration of Substitute Senate Bill No. 5332 was deferred.

MOTION

      At 11:52 a.m., on motion of Senator Johnson, the Senate recessed until 1:00 p. m.

      The Senate was called to order at 1:00 p.m. by President Owen.

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

      The Senate was called to order at 1:05 p.m. by President Owen.

MOTION

      On motion of Senator Franklin, Senator Thibaudeau was excused.

.                                                                                             SECOND READING

      SENATE BILL NO. 5799, by Senators Deccio, Rasmussen, Newhouse and Loveland

Transferring funds for plant pest control activities.

MOTIONS

      On motion of Senator Morton, Substitute Senate Bill No. 5799 was substituted for Senate Bill No. 5799 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. 5799 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. 5799.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5799 and the bill passed the Senate by the following vote:

Yeas, 43; Nays, 0; Absent, 4; 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, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Wojahn, Wood and Zarelli - 43.      Absent: Senators McDonald, Roach, West and Winsley - 4.                Excused: Senators McCaslin and Thibaudeau - 2.       SUBSTITUTE SENATE BILL NO. 5799, 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. 5803, by Senators Finkbeiner and McCaslin (by request of Department of Revenue)

Allowing electronic distribution of rules notices.

MOTIONS

      On motion of Senator Finkbeiner, Substitute Senate Bill No. 5803 was substituted for Senate Bill No. 5803 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Finkbeiner, the rules were suspended, Substitute Senate Bill No. 5803 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. 5803.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5803 and the bill passed the Senate by the following vote:

Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 46.  Absent: Senators Heavey and Kohl - 2.                 Excused: Senator Thibaudeau - 1.        SUBSTITUTE SENATE BILL NO. 5803, 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. 5804, by Senators Finkbeiner and West (by request of Department of Revenue)

Eliminating the requirement for a study of the property tax exemption and valuation rules for computer software.

      The bill was read the second time.

MOTION

      On motion of Senator Finkbeiner, the rules were suspended, Senate Bill No. 5804 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. 5804.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5804 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, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 48.    Excused: Senator Thibaudeau - 1.         SENATE BILL NO. 5804, 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 Sheldon, all the remarks on the final passage of Substitute Senate Bill No. 5569 will be spread across the Journal.

SECOND READING

      SENATE BILL NO. 5569, by Senators Schow, Sellar and Wood

Revising provisions for overtime compensation for commissioned salespersons.

MOTIONS

      On motion of Senator Schow, Substitute Senate Bill No. 5569 was substituted for Senate Bill No. 5569 and the substitute bill was placed on second reading and read the second time.

      Senator Fraser moved that the following amendment by Senators Fraser and Heavey be adopted:

      On page 1, beginning with "Section 3" on line 8, strike all material through "law." on line 13.

REMARKS BY SENATOR FRASER

      Senator Fraser: “Thank you, Mr. President, and members of the Senate. We've had a lot of discussion over the years, and the courts do too, about what is legislative intent. Often, we pass legislation where words are ambiguous, maybe not by intent, but because you can't anticipate all of the circumstances. So, when a court looks at legislative intent, it looks at a lot of things. It looks at the record at the time the bill is passed; it looks at all the evidence at the time the bill was passed.

      “One thing the courts generally don't do is look at legislative intent that is expressed twenty-two years later. That’s what this bill does, and this is what the amendment does. It deletes language that says twenty-two years, after the fact, what legislative intent is. It is the case that this particular language is the subject of litigation at the present time, with several lawsuits, and I understand it will be heard this fall. But, I don't think the Legislature and the legislative process is the place where we should be taking sides in litigation and trying to tell the court what was legislative intent twenty-two years ago when hardly any of us were here then. This issue came before the Joint Administrative Rules Review Committee about a year and a half ago, and the committee decided not to make a ruling on the substance of intent, because the matter was in litigation.

      “So, I urge you to support this amendment and not have the Legislature get involved in taking sides in a lawsuit.”

REMARKS BY SENATOR SCHOW

      Senator Schow: “Thank you, Mr. President. I rise in opposition to this amendment. The underlying bill that we're going to be voting on is designed to take the confusion out of the federal statute and what we're doing here in the state, and to clarify what this Legislature, in 1975, decided what should be in this bill. We'd just continue that confusion if we were to pass this amendment, and destroy the intent of the underlying bill. I would urge that you turn this amendment down.”

REMARKS BY SENATOR HEAVEY

      Senator Heavey: “Thank you, Mr. President, and members of the Senate. I don't see how this amendment at all hurts the purpose of the underlying bill. It simply says we're making no statement as to the intent of the Legislature and Governor back in 1977. We don't know what their intent was, but this bill, as written, says we know what their intent was, and so that's all it does. It doesn't change the substantive provisions of the bill, it merely takes out the intent of the 1975 Legislature. Thank you.”

REMARKS BY SENATOR KLINE

      Senator Kline: “Thank you, Mr. President. Mr. President, I would suggest to you that there are some on this floor who were born in the year 1977, and who, therefore, have absolutely no way of knowing what the intent of the Legislature was. I don't mean to be flip, but let's face it, we can't possibly go back twenty-three years to determine what was legislative intent at that time. This is absurd. I suggest a ‘yes’ vote on the amendment. Thank you.”

      The President declared the question before the Senate to be the adoption of the amendment by Senators Fraser and Heavey on page 1, beginning with ‘Section 3' on line 8, to Substitute Senate Bill No. 5569.

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

MOTION

      Senator Fraser moved that the following amendments by Senators Fraser and Heavey be considered simultaneously and be adopted:

      On page 3, after line 37, insert the following:

      "This subsection (3) shall only apply to the hours of employment in excess of the applicable work week specified in subsection (1) of this section where, except for de minimis other duties done at the direction of the employer, the employee is engaged exclusively in sales duties."

      On page 6, after line 31, insert the following:

      "(8) "Sales duties" means selling goods or services, duties incidental to or in conjunction with selling, inactivity pending a sales opportunity, or duties performed pending a sales opportunity in reasonable proximity to the employee's customary sales location."

REMARKS BY SENATOR FRASER

      Senator Fraser: “Thank you, Mr. President, and members of the Senate. As I mentioned on the previous amendment, there is a dispute over what current state law is. That is the purpose of this bill--to, in addition to dealing with the lawsuit, it's to establish what should state policy be for purposes of overtime pay for commissioned salespersons.

      “What this bill proposes is that we adopt the federal regulatory policies. Now, what that policy would allow is that any commissioned salesperson who earns more than fifty percent of their salary in a month from commissions, or earns one and a half times the minimum wage, the store could require them to work overtime without paying them overtime. So, what happens? Often, is that these employees are asked to work overtime for work that they cannot earn a commission for.

      “What these amendments do, is divide the overtime work into two categories. I think it's really fair. If you do overtime work where you can earn a commission, this amendment says you do not need to be paid overtime. But, if you are working overtime where you cannot possibly earn a commission, such as--say several days setting up a new display, unloading trucks, cleaning the store, doing comparison shopping, those kind of things where you cannot earn a commission, then if you work overtime, you ought to be paid the overtime rate. It's only fair and it's consistent with the way everybody else is paid.

      “So, I urge you to support these amendments to be fair to those employees who work in commissioned sales.”

REMARKS BY SENATOR SCHOW

      Senator Schow: “Thank you, Mr. President. I understand what the good Senator from the Twenty-second District is trying to do, but these amendments--the way they are written--would make it so confusing between employers and employees to know when someone should be paid overtime and when they shouldn't be paid overtime. And again, it just defeats what we're trying to do with the underlying bill, and that is to clarify between employer and employee what each other's roles really are. So, I would ask that you defeat these amendments.”

REMARKS BY SENATOR HEAVEY

      Senator Heavey: “Thank you, Mr. President, and members of this distinguished body. Without these amendments, it makes this a commission issue--minimum wage issue. Without these amendments, the person who makes commissions can be asked to unload a truck for two hours on overtime and not be paid time and-one-half, which is the fair labor standard. It's the law of the country. Without these amendments, that simply can happen. If you read it, we still could be required to do diminuous tasks unrelated to sales such as sweeping the floors, such as running to get a cup of coffee or cleaning up. But, essentially, they'd have to be eligible to make commissions. It's perfectly logical. Without it, they could be asked to spend three hours unloading a truck which doesn't have anything to do with commissioned sales, at least as to overtime. I urge your support of the amendments.”

FURTHER REMARKS BY SENATOR FRASER

      Senator Fraser: “Thank you, Mr. President. To close debate, I'd just like to point out to the members that this would apply to anybody who earns seven dollars and thirty-six cents an hour. So, we are talking here, in many cases, about people who are not getting really rich off of commissions. Yes, there are some salespeople on commissions who sell very expensive products and are able to earn an excellent salary, but there are a lot of people who are in sales who sell products where they don't earn a lot in commissions. What you would be doing, if you do not adopt this amendment, is saying people who earn seven dollars and thirty-six cents an hour, if they're required to work overtime where they cannot earn a commission, they won't get paid overtime. And I think these people should be paid overtime, and I urge you to support these amendments.”

REMARKS BY SENATOR KLINE

      Senator Kline: “Thank you, Mr. President. Mr. President, the point of these amendments is to avoid the exploitation of labor that is so inherent in the underlying bill. The purpose of this underlying bill which is opposed by the amendment--and let me speak to the amendments then, is to pay people for what they do. If a person is paid on a commission basis and earns a commission basis, there may be some rational reason for exempting that person from overtime. When that person is unloading a truck, something for which there's no commission, and that person is doing the work that would otherwise be done by a paid worker earning no commission, then that person should be paid overtime. It's real simple. This is a bill submitted, I would submit, under the interest of many employers to cheat labor. These amendments would simply vitiate that purpose, and I urge a ‘yes’ vote on the amendments. Thank you.”

      The President declared the question before the Senate to be the adoption of the amendments by Senators Fraser and Heavey on page 3, after line 37, and page 6, after line 31, to Substitute Senate Bill No. 5569.

      The motion by Senator Fraser failed and the amendments were not adopted on a rising vote.

MOTION

      On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 5569 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

REMARKS BY SENATOR SCHOW

      Senator Schow: “Thank you, Mr. President. I ask that my remarks be spread upon the Journal.

      “The bill before you is necessary to clarify the law governing overtime payments for commissioned employees of retail businesses. This measure brings nothing new to the law, but simply clarifies the law as understood in the industry and by the state from the time of adoption in 1975 to 1992 when a state agency chose to reinterpret the law through a guideline, thus creating severe confusion in the industry and causing substantial loss of income for commissioned employees.

      “I have provided for Senators a copy of the 1975 Final Bill Report on the law we are now clarifying. You will note that it states clearly in the highlighted section that, ‛where different federal overtime provisions exist for a particular industry, such provisions shall apply to that industry on the state level also.' The language before you simply restates that intent and places the exact language of the federal overtime standard for commission retail employees into the text of state law. Previously, it was included in state law by incorporation.

      “This change is necessary to restore a reasonable overtime formula to state commission sales. This is a formula followed by the federal government and modeled in forty-three other states. I ask you to vote for this bill. Thank you.”

REMARKS BY SENATOR FRASER

      Senator Fraser: “Thank you, Mr. President, and members of the Senate. Speaking against the bill, this bill is not a clarification, it's a choice. And it's a choice that says, a commissioned salesperson who earns seven dollars and thirty-six cents an hour can be required to work overtime in a situation where they cannot possibly earn commissions without getting overtime pay. I don't think that's fair.

      “It's also a bill that is intended to send a message to the court on one side of litigation. I think that's an improper purpose for legislation and I urge you to defeat this bill for that reason.”

POINT OF INQUIRY

      Senator Horn: “Thank you, Mr. President. Will Senator Schow yield to a question? Senator Schow, I wanted to make sure I understood your remarks as you have stated them. Is it true that this bill simply reaffirms the original legislative intent of the 1975 Act establishing overtime standards for commission retail employees?”

      Senator Schow: “Senator Horn, as you can see from the Final Bill Report from 1975, the intent of the Legislature in 1975 was to incorporate the federal overtime standard into state law. This was not contested in any form, judicial or administrative, until a state agency chose to reinterpret the law almost seventeen years after the law was passed. Now, the law is in confusion, and we must send a clear and direct message to uphold the original intent of the legislative body.”

REMARKS BY SENATOR HORN

      Senator Horn: “Thank you very much, Mr. President. Speaking in favor of this bill, I think it's been clearly established that we've had something that's worked for us for seventeen years, and because of interference by one of our state departments, it has brought it into confusion. It's important, I think, that we get back to that original intent. Things have been working very well. We have not had a request from the people, the salesmen themselves, that they need additional protection from state government. Quite the contrary. We've heard comments from them that they want to return to the status quo that they've enjoyed for seventeen years. I urge your support.”

REMARKS BY SENATOR KLINE

      Senator Kline: “Mr. President, it's been stated several times now that this bill brings nothing new to the field of employment law, that it simply clarifies the previous status quo before, somehow, the law was thrown into a state of confusion. The fact is, this bill brings something very, very old back into our law. It's called the exploitation of working people. I would hope that this body would not voluntarily become the handmaiden of big business in its constant exploitation of people who work for a living.

      “We've just, yesterday, told them that they're going to have to pay now for their own uniforms no matter what those uniforms are, and the boss can require them to pay for them, and the boss can require them to wear them. It doesn't matter that they may have just come off of a welfare program and have very little other than the five hundred and forty-six dollars a month they've received. Too bad. They've got to buy three sets of pants and blouses. Now we're going to tell them, that it doesn't matter that they'll be doing non-commission work. It doesn't matter that they'll be doing any kind of work. They just don't have the right to time and a half like everybody else.

      “Federal law, I would like to add, does--it does, create a choice. We can go and state employers are required to go with the state or federal statute, whichever is more favorable to the employee. Currently, it's the state law. That state law is about, in effect, to be repealed. I urge a ‘no’ vote on this bill. Thank you.”

REMARKS BY SENATOR ANDERSON

      Senator Anderson: “Thank you, Mr. President. It's regrettable that the members of the body here have not had, each and every one of you, the opportunity to sit through the public hearing on this. In the public hearing on this particular bill, there were employee after employee asking us to clarify the law and get rid of what L& I had done in interpreting the law, because they, as employees, were suffering because of the Labor and Industries interpretation.

      “The hearing was made up of people that came forth and had shown how their wages had dropped-- dropped, under the supposedly new interpretation. Those people overwhelmingly asked us to go back to this interpretation because they, as employees, were better off. And so with that information and the request from those particular employees, I would hope that you would vote for this bill.”

POINT OF INQUIRY

      Senator Swanson: “Would the distinguished gentleman from the First District yield to a question? Senator Schow, were you a member of this legislative body in 1975?”

      Senator Schow: “I don't believe I was.”

FURTHER REMARKS BY SENATOR SWANSON

      Senator Swanson: “Thank you. I'd like to go ahead and comment if I might. I rise in opposition to this bill. There are two kinds of people in this world. It's very obvious that many of y'all never got out there and worked like I did for three and four dollars a day. Working on commission is tough enough when you're trying to raise a family and feed a couple of young ‛Uns. The fair labor standard is very clear, that if you're going to work somebody overtime, then you're going to have to pay them. And for this body here to try to interpret something that was in 1975, you're trying to say what them dudes back there were saying, ‘I'm saying that you can't do that.’ If it's in litigation now, why mess with it? Let the court decide.”

FURTHER REMARKS BY SENATOR SCHOW

      Senator Schow: “Thank you, Mr. President. To close debate, just yesterday we had a bill in here that we had to vote on so that department heads--instead of using two pieces of paper, one form for L&I and one for Employment Security, that we would allow the employers to report on just one piece of paper. We had to vote on such a simple little procedure. And yet, we have department heads who interpret laws, like the one that was passed in 1975, and think that we should not stand up to this. I think the Legislature is the body that makes these kind of decisions. In 1975, we made the decision. I think we ought to uphold that. I ask that you support this bill. Thank you.”

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5569.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5569 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 33.         Voting nay: Senators Brown, Fairley, Fraser, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 16.          SUBSTITUTE SENATE BILL NO. 5569, 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. 5351, by Senators Benton, Strannigan, Oke, Anderson, Swecker, Zarelli and Rossi

Exempting small scale mining from the requirement of obtaining a hydraulic permit.

MOTIONS

      On motion of Senator Benton, Substitute Senate Bill No. 5351 was substituted for Senate Bill No. 5351 and the substitute bill was placed on second reading and read the second time.

      Senator Benton moved that the following amendment by Senators Benton and Hargrove be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that small scale prospecting and mining is an important part of the heritage of the state. The legislature further finds that small scale prospecting and mining provide economic benefits to the state, and help to meet the national security demand and industrial demand for minerals. The legislature further finds that it is critical that small scale miners and prospectors be allowed access to open public lands in the state. The legislature further finds that mineral prospecting and mining activities can be conducted in a manner that is consistent with fish habitat and fish-life population. Now, therefore, the legislature declares that small scale prospecting and mining must not be unreasonably regulated. The legislature further declares that small scale prospecting and mining must not be unfairly limited or obstructed from access to open public lands. The legislature further declares that all restrictions or regulations of small scale prospecting and mining activities must be based on sound scientific evidence and applicable documentation supporting the need for such restrictions.

      Sec. 2. RCW 75.20.100 and 1993 sp.s. c 2 s 30 are each amended to read as follows: