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SIXTY-EIGHTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, March 21, 1997
The Senate was called to order at 10:00 a.m. by President Pro Tempore Newhouse. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Anderson, Benton, Brown, Loveland, McCaslin, Prentice, Schow, Snyder, Stevens, and West. On motion of Senator Hale, Senators Anderson, Benton, McCaslin, Stevens and West were excused. On motion of Senator Franklin, Senators Brown and Prentice were excused.
The Sergeant at Arms Color Guard, consisting of Pages Frava Burgess and Krista Hanberg, presented the Colors. Dan Locke of the Baha'i Community 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.
REPORTS OF STANDING COMMITTEES
March 20, 1997
HB 1081 Prime Sponsor, Representative Koster: Strengthening school policies and prohibitions on the use of tobacco at schools. Reported by Committee on Education
MAJORITY Recommendation: Do pass. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Goings, Johnson, Rasmussen and Zarelli.
Passed to Committee on Rules for second reading.
March 20, 1997
SHB 1171 Prime Sponsor, House Committee on Government Administration: Revising emergency management statutes. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Haugen, Horn and Swanson.
Passed to Committee on Rules for second reading.
March 20, 1997
HB 1241 Prime Sponsor, Representative Pennington: Limiting political activities of citizen members of the legislative ethics board. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Haugen and Horn.
Passed to Committee on Rules for second reading.
March 20, 1997
HB 1288 Prime Sponsor, Representative Johnson: Changing the name of the noncertificated employee category. Reported by Committee on Education
MAJORITY recommendation: Do pass. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Goings, Johnson, McAuliffe, Rasmussen and Zarelli.
Passed to Committee on Rules for second reading.
March 20, 1997
SHB 1320 Prime Sponsor, House Committee on Government Administration: Designating Anux junius as the official insect of the state of Washington. Reported by Committee on Government Operations
MAJORITY recommendation: That the bill be referred to Committee on Education without recommendation. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Haugen, Horn and Swanson.
Referred to Committee on Education.
March 20, 1997
HB 1761 Prime Sponsor, Representative D. Schmidt: Revising provisions for mutual aid and interlocal agreements. Reported by Committee on Government Operations
MAJORITY recommendation: Do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Haugen, Horn and Swanson.
Passed to Committee on Rules for second reading.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
March 20, 1997
GA 9130 KENNETH ALHADEFF, reappointed January 28, 1997, for a term ending September 30, 2002, as a member of the Board of Regents for Washington State University.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Wood, Chair; Hale, Kohl, Prince and Sheldon.
Passed to Committee on Rules.
March 20, 1997
GA 9131 CONNIE L. AMBROSE-HOSMAN, reappointed January 28, 1997, for a term ending April 3, 2000, as a member of the State Board for Community and Technical Colleges.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Wood, Chair; Hale, Kohl, Prince and Sheldon.
Passed to Committee on Rules.
March 20, 1997
GA 9133 SUE BATALI, reappointed January 28, 1997, for a term ending July 1, 1999, as a member of the Board of Trustees for the State School for the Deaf.
Reported by Committee on Education
MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Goings, Johnson, McAuliffe, Rasmussen and Zarelli.
Passed to Committee on Rules.
March 20, 1997
GA 9136 TOM BORGAILA, reappointed January 28, 1997, for a term ending July 1, 1998, as a member of the Board of Trustees for the State School for the Deaf.
Reported by Committee on Education
MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Goings, Johnson, McAuliffe, Rasmussen and Zarelli.
Passed to Committee on Rules.
March 20, 1997
GA 9139 NANCYLYNN BRIDGES, reappointed January 28, 1997, for a term ending July 1, 2000, as a member of the Board of Trustees for the State School for the Deaf.
Reported by Committee on Education
MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Goings, Johnson, McAuliffe, Rasmussen and Zarelli.
Passed to Committee on Rules.
March 20, 1997
GA 9148 RICKY DOCKTER, reappointed January 28, 1997, for a term ending July 1, 1999, as a member of the Board of Trustees for the State School for the Deaf.
Reported by Committee on Education
MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Goings, Johnson, McAuliffe, Rasmussen and Zarelli.
Passed to Committee on Rules.
March 20, 1997
GA 9153 JOSEPH FRAM, reappointed January 28, 1997, for a term ending July 1, 2001, as a member of the Board of Trustees for the State School for the Blind.
Reported by Committee on Education
MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Goings, Johnson, McAuliffe, Rasmussen and Zarelli.
Passed to Committee on Rules.
March 20, 1997
GA 9176 GABRIEL C. LOVE, reappointed January 28, 1997, for a term ending July 1, 2000, as a member of the Board of Trustees for the State School for the Deaf.
Reported by Committee on Education
MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Goings, Johnson, McAuliffe, Rasmussen and Zarelli.
Passed to Committee on Rules.
March 20, 1997
GA 9185 EILEEN O. ODUM, reappointed January 28, 1997, for a term ending April 3, 2000, as a member of the State Board for Community and Technical Colleges.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Wood, Chair; Hale, Kohl, Prince and Sheldon.
Passed to Committee on Rules.
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March 20, 1997
GA 9187 JEANNE A. PELKEY, reappointed January 28, 1997, for a term ending July 1, 2000, as a member of the Board of Trustees for the State School for the Blind.
Reported by Committee on Education
MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Goings, Johnson, McAuliffe, Rasmussen and Zarelli.
Passed to Committee on Rules.
March 20, 1997
GA 9188 JULIA L. PETERSEN, reappointed January 28, 1997, for a term ending July 1, 2000, as a member of the Board of Trustees for the State School for the Deaf.
Reported by Committee on Education
MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Goings, Johnson, McAuliffe, Rasmussen and Zarelli.
Passed to Committee on Rules.
March 20, 1997
GA 9200 CARIN S. SCHIENBERG, reappointed January 28, 1997, for a term ending July 1, 1997, as a member of the Board of Trustees for the State School for the Deaf.
Reported by Committee on Education
MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Goings, Johnson, McAuliffe, Rasmussen and Zarelli.
Passed to Committee on Rules.
March 20, 1997
GA 9230 EDITH L. NELSON, reappointed February 7, 1997, for a term ending September 30, 1997, as a member of the Board of Trustees for Shoreline Community College District No. 7.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Wood, Chair; Hale, Kohl, Prince and Sheldon.
Passed to Committee on Rules.
MESSAGES FROM THE HOUSE
March 19, 1997
MR. PRESIDENT:
The House has passed:
SECOND SUBSTITUTE HOUSE BILL NO. 1201,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1337,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1866,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1872,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2244, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
March 19, 1997
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1578,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1660,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1752,
ENGROSSED HOUSE JOINT MEMORIAL NO. 4020, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
March 19, 1997
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1471,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1527,
ENGROSSED HOUSE BILL NO. 1584,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1898,
SUBSTITUTE HOUSE BILL NO. 1966,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2096,
SUBSTITUTE HOUSE BILL NO. 2226,
HOUSE JOINT MEMORIAL NO. 4005, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
March 19, 1997
MR. PRESIDENT:
The House has passed:
HOUSE BILL NO. 1028,
SUBSTITUTE HOUSE BILL NO. 1043,
SUBSTITUTE HOUSE BILL NO. 1126,
SUBSTITUTE HOUSE BILL NO. 1261,
SUBSTITUTE HOUSE BILL NO. 1263,
HOUSE BILL NO. 1267,
SECOND SUBSTITUTE HOUSE BILL NO. 1275,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1327,
SUBSTITUTE HOUSE BILL NO. 1358,
SUBSTITUTE HOUSE BILL NO. 1379,
SUBSTITUTE HOUSE BILL NO. 1592,
SUBSTITUTE HOUSE BILL NO. 1624,
SUBSTITUTE HOUSE BILL NO. 1813,
SUBSTITUTE HOUSE BILL NO. 1943,
SUBSTITUTE HOUSE BILL NO. 2051, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
HB 1028 by Representatives Sheahan, Schoesler, Chandler, Sterk, McMorris, Mastin, Mulliken, Boldt and Smith
Exempting granges from property taxation.
Referred to Committee on Ways and Means.
SHB 1043 by House Committee on Law and Justice (originally sponsored by Representatives Schoesler, Dunn and Smith)
Requiring the state landlord/tenant act to preempt all other local landlord/tenant acts.
Referred to Committee on Law and Justice.
SHB 1126 by House Committee on Finance (originally sponsored by Representatives Mastin, Sump, Boldt, Doumit, Hatfield, McMorris, Kessler, Sheahan, Sheldon, Mulliken, Grant, Chandler, O'Brien, Conway, Wood, Cooper, Murray and Morris)
Providing for 911 emergency communications funding.
Referred to Committee on Ways and Means.
2SHB 1201 by House Committee on Appropriations (originally sponsored by Representatives Buck, Johnson, Sheldon, Blalock, Regala, Linville, Hatfield, Kessler, Tokuda, Anderson, Morris, Zellinsky, Dunn, Conway, Doumit, Ogden, Grant, Mastin, Butler and Murray)
Providing for reauthorization of assistance to areas impacted by the rural natural resources crisis.
Referred to Committee on Commerce and Labor.
SHB 1261 by House Committee on Finance (originally sponsored by Representatives Mulliken, Pennington, Boldt and Wensman) (by request of Department of Revenue)
Requiring a ranged table in standard increments for the business and occupation tax small business credit.
Referred to Committee on Ways and Means.
SHB 1263 by House Committee on Finance (originally sponsored by Representatives Robertson, Ogden, Dunn, Carrell, Dyer, Cairnes and Benson)
Revising current use taxation provisions.
Referred to Committee on Ways and Means.
HB 1267 by Representatives B. Thomas, Zellinsky and Dickerson
Providing a use tax exemption for vessel manufacturers and dealers.
Referred to Committee on Ways and Means.
2SHB 1275 by House Committee on Finance (originally sponsored by Representatives Mastin, Mitchell, Radcliff, Morris, Mason, Schoesler, Keiser, Dickerson, Wood, Kessler, Scott, Blalock, Thompson, Costa, Kenney and Conway)
Establishing public utility tax credits for weatherization and energy assistance programs.
Referred to Committee on Energy and Utilities.
ESHB 1327 by House Committee on Finance (originally sponsored by Representatives Huff, Carrell, Quall, Mulliken, Morris, Linville, Ogden, Dunshee, B. Thomas, Johnson, Conway, Sheldon, Grant, Mastin, D. Schmidt, Robertson, Kessler, Skinner, Boldt, Lisk, Mielke, Dickerson, L. Thomas, O'Brien, Hatfield, Kenney, Gardner, Cooke, Costa, Ballasiotes, Thompson, Koster, Lantz, Mason, Schoesler, Dunn, Alexander and Anderson)
Reimbursing sellers for sales tax collection costs.
Referred to Committee on Ways and Means.
ESHB 1337 by House Committee on Health Care (originally sponsored by Representatives Dyer, Backlund and Sherstad)
Authorizing providers and provider groups to offer health care coverage.
Referred to Committee on Health and Long-Term Care.
SHB 1358 by House Committee on Natural Resources (originally sponsored by Representatives Buck, Regala, Sump, Schoesler, Johnson, Linville, Sheldon, Wensman and Kessler) (by request of Department of Revenue)
Excluding materials purchased by farmers to improve wildlife habitat or forage from the definition of "sale at retail" or "retail sale" for tax purposes.
Referred to Committee on Natural Resources and Parks.
SHB 1379 by House Committee on Finance (originally sponsored by Representatives Radcliff, Costa, Scott, Thompson, O'Brien, Linville, Blalock, Cooper, Dickerson, Cooke, Mason, Conway and Wood)
Removing the expiration of tax exemptions for new construction of alternative housing for youth in crisis.
Referred to Committee on Ways and Means.
ESHB 1471 by House Committee on Health Care (originally sponsored by Representatives Dyer, Cody, Zellinsky, Conway, Ogden, Linville, Tokuda, Kessler, Scott, Blalock, Gombosky, Costa and Dickerson) (by request of Attorney General Gregoire)
Protecting vulnerable adults.
Referred to Committee on Health and Long-Term Care.
E2SHB 1527 by House Committee on Appropriations (originally sponsored by Representatives Chandler and Linville) (by request of Department of Agriculture)
Regulating pesticides.
Referred to Committee on Agriculture and Environment.
SHB 1578 by House Committee on Commerce and Labor (originally sponsored by Representatives H. Sommers, McMorris, Lisk, Scott, Cole, Clements, Gombosky, Honeyford, Schoesler, Ballasiotes, Cody, Conway, Carlson, Kenney, Ogden, Chopp, Hatfield, Sheahan, Sterk, Wood, Romero, Tokuda, Blalock, Dickerson, O'Brien, Sheldon, Cooper and Gardner)
Revising the regulation of liquor sales in designated restricted liquor zones.
Referred to Committee on Commerce and Labor.
EHB 1584 by Representatives Sherstad, Zellinsky, Dyer, Skinner, Backlund and Johnson
Revising provisions for school district employee benefits.
Referred to Committee on Health and Long-Term Care.
SHB 1592 by House Committee on Finance (originally sponsored by Representatives Bush, Kastama, Mulliken, Regala, K. Schmidt, McDonald, Lantz, Robertson, Chandler, Poulsen, Talcott, Backlund, McMorris, Thompson, O'Brien, Linville, Dunn and Sheldon)
Providing tax exemptions for small water districts and systems.
Referred to Committee on Ways and Means.
SHB 1624 by House Committee on Government Reform and Land Use (originally sponsored by Representatives Thompson, Dunn, Mulliken, Mielke and Boldt)
Defining wetlands for growth management purposes.
Referred to Committee on Government Operations.
ESHB 1660 by House Committee on Government Reform and Land Use (originally sponsored by Representative Koster)
Creating Skykomish county.
Referred to Committee on Government Operations.
E2SHB 1752 by House Committee on Appropriations (originally sponsored by Representatives Cooke, Dyer, Tokuda, McDonald, Sheahan, Cairnes, Cody, Ballasiotes, Bush, Boldt, Wolfe, Mitchell, Doumit, Ogden, Thompson, Blalock, Poulsen, L. Thomas, O'Brien, Costa, Backlund, Veloria, Kenney and Carlson)
Including persons with developmental disabilities in the long-term ombudsman program.
Referred to Committee on Health and Long-Term Care.
SHB 1813 by House Committee on Trade and Economic Development (originally sponsored by Representatives Dunn, Van Luven, Veloria, Alexander, Sheldon, Morris, Mason, McDonald, Honeyford and L. Thomas)
Regulating sales and use tax exemptions for motion picture and video production equipment and services.
Referred to Committee on Ways and Means.
E2SHB 1866 by House Committee on Appropriations (originally sponsored by Representatives Chandler, Linville, Lisk, Delvin and Schoesler)
Allowing for the creation of environmental excellence program agreements.
Referred to Committee on Agriculture and Environment.
ESHB 1872 by House Committee on Transportation Policy and Budget (originally sponsored by Representatives K. Schmidt, Scott, Mitchell and Hankins)
Improving public transportation performance.
Referred to Committee on Transportation.
E2SHB 1898 by House Committee on Appropriations (originally sponsored by Representatives Johnson, Cole, Blalock, Zellinsky, Cooper, Tokuda, Dickerson, Keiser, Regala, Ogden, Conway and Linville) (by request of Board of Education)
Establishing teacher assessments for certification.
Referred to Committee on Education.
SHB 1943 by House Committee on Government Administration (originally sponsored by Representatives Reams, Scott, D. Schmidt, Kessler and Schoesler)
Increasing special district commissioner per diem compensation.
Referred to Committee on Government Operations.
SHB 1966 by House Committee on Higher Education (originally sponsored by Representatives Chandler, Mulliken, Radcliff, Butler, Mason, O'Brien and Morris)
Raising the percentage of waivers allowed at some institutions of higher education.
Referred to Committee on Higher Education.
SHB 2051 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Linville, Regala, Mastin, D. Schmidt, Grant, Veloria, Clements, Cody and Parlette)
Exempting environmental remedial services, labor, and businesses from taxation.
Referred to Committee on Agriculture and Environment.
ESHB 2096 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler and K. Schmidt)
Consolidating the state's oil spill prevention program.
Referred to Committee on Agriculture and Environment.
SHB 2226 by House Committee on Health Care (originally sponsored by Representatives Dyer, Cody, Cooke, Crouse, Sheahan, Clements, Alexander, Wensman, Sehlin, Carlson, Talcott, D. Schmidt, Benson, Regala, Tokuda, Anderson, Wood, Hatfield, Kessler, Blalock, Backlund and Kenney)
Establishing residency requirements for subsidized enrollees in the basic health plan.
Referred to Committee on Health and Long-Term Care.
E2SHB 2244 by House Committee on Appropriations (originally sponsored by Representatives Reams, Mulliken, Bush and Thompson)
Revising the recommendations of the land use study commission.
Referred to Committee on Government Operations.
HJM 4005 by Representatives Mulliken, Chandler, Hankins, Sheahan, Skinner, Lisk, Delvin, Clements, Honeyford, Schoesler, Mastin, Grant, Mielke and McMorris
Returning land within the Hanford control zone to agricultural and wildlife uses.
Referred to Committee on Energy and Utilities.
EHJM 4020 by Representatives Ballasiotes, Costa, Radcliff, Cole, Hankins, Quall, Skinner, Morris, Thompson, Poulsen, Kenney, DeBolt, Conway, Mason, Benson, Cooper, Delvin, Blalock, Honeyford, Dunshee, Van Luven, Zellinsky, Mulliken, Alexander, Scott, L. Thomas, Clements, Parlette, Mastin, Chandler, Schoesler, Robertson and Linville
Requesting Congress adopt the proposed victims' rights amendment to the Constitution of the United States.
Referred to Committee on Law and Justice.
PERSONAL PRIVILEGE
Senator Haugen: "Thank you, Mr. President. I rise for a point of personal privilege. On your desks, today, you will find daffodils. These are gifts from our Skagit County Commissioners. We just wanted to remind you that the tulip festival is going to be starting next week in Skagit Valley and this is just a sample of what we have to offer. We would encourage you to come to visit our beautiful valley during the next month. It is, indeed, a lovely, lovely experience if you have never seen the tulips in bloom. The colors are absolutely magnificent and I hope you enjoy these as a sample."
PERSONAL PRIVILEGE
Senator Spanel: "Thank you, Mr. President. I would just like to add they used to be grown mainly in my district. Now, Senator Haugen has most of them, but some are in my district."
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Wood, Gubernatorial Appointment No. 9205, Alison Wo Sing, as a member of the Board of Trustees for Edmonds Community College District No. 23 was confirmed.
APPOINTMENT OF ALISON WO SING
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 3; Excused, 7.
Voting yea: Senators Bauer, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Spanel, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 39. Absent: Senators Loveland, Schow and Snyder - 3. Excused: Senators Anderson, Benton, Brown, McCaslin, Prentice, Stevens and West - 7.
MOTION
At 10:17 a.m., on motion of Senator Johnson, the Senate adjourned until 10:00 a.m., Monday, March 24, 1997.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate