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SEVENTY-EIGHTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Monday, March 31, 1997

      The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senator Anderson. On motion of Senator Hale, Senator Anderson was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Lindsay Barnes and Sara Hawkes, presented the Colors. Reverend Sandra Lee, pastor of the Unitarian Universalist Congregation 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 26, 1997

SB 5175             Prime Sponsor, Senator Morton: Revising the business and occupation tax on the handling of hay, alfalfa, and seed. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That Substitute Senate Bill No. 5175 as recommended by Committee on Agriculture and Environment be substituted therefor, and the substitute bill do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Hochstatter, Long, Loveland, Rossi, Sheldon, Snyder, Spanel, Swecker, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


March 26, 1997

SB 5343             Prime Sponsor, Senator Sellar: Defining the location of a retail sale by a towing service operator as the place of business. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Hochstatter, Long, Rossi, Sheldon, Snyder, Spanel, Swecker and Zarelli.


      Passed to Committee on Rules for second reading.


March 26, 1997

SB 5543             Prime Sponsor, Senator Snyder: Deferring sales and use tax for rentals of machinery and equipment used in the installation and construction of investment projects in distressed areas. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Hochstatter, Long, Loveland, Rossi, Sheldon, Snyder, Spanel, Swecker, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


March 26, 1997

SB 5622             Prime Sponsor, Senator Long: Removing the expiration of tax exemptions for new construction of alternative housing for youth in crisis. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Strannigan, Vice Chair; Bauer, Hochstatter, Long, Loveland, Rossi, Sheldon, Snyder, Spanel, Swecker, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


March 26, 1997

SB 5688             Prime Sponsor, Senator Strannigan: Paying the business and occupation tax by property management companies for on-site employees. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Hochstatter, Kohl, Long, Rossi, Snyder, Swecker and Zarelli.


      Passed to Committee on Rules for second reading.


March 26, 1997

SB 5868             Prime Sponsor, Senator Sellar: Classifying producers of aluminum master alloys as processors for hire for business and occupation tax purposes. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That Substitute Senate Bill No. 5868 be substituted therefor, and the substitute bill do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Fraser, Hochstatter, Long, McDonald, Roach, Rossi, Snyder, Spanel, Swecker and Zarelli.


      Passed to Committee on Rules for second reading.


March 28, 1997

SB 6070             Prime Sponsor, Senator West: Creating the disaster response account. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Brown, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.


      Passed to Committee on Rules for second reading.


March 27, 1997

HB 1002            Prime Sponsor, Representative L. Thomas: Clarifying submission of insurance antifraud plans. Reported by Committee on Financial Institutions, Insurance and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Heavey, Kline and Prentice.


      Passed to Committee on Rules for second reading.


March 27, 1997

SHB 1007          Prime Sponsor, House Committee on Financial Institutions and Housing: Expanding the duties of the director of the Washington state pollution liability insurance agency. Reported by Committee on Financial Institutions, Insurance and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Heavey, Kline and Prentice.


      Passed to Committee on Rules for second reading.


March 27, 1997

ESHB 1017        Prime Sponsor, House Committee on Natural Resources: Exchanging state-owned aquatic lands with privately owned lands. Reported by Committee on Natural Resources and Parks


      MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Spanel, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


March 27, 1997

ESHB 1057        Prime Sponsor, House Committee on Health Care: Limiting public disclosure of complaints filed under the uniform disciplinary act. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin, Strannigan and Wojahn.


      Passed to Committee on Rules for second reading.


March 27, 1997

ESHB 1064        Prime Sponsor, House Committee on Financial Institutions and Insurance: Changing the financial and reporting requirements of health care service contractors and health maintenance organizations. Reported by Committee on Financial Institutions, Insurance and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Heavey, Kline and Prentice.


      Passed to Committee on Rules for second reading.


March 27, 1997

SHB 1065          Prime Sponsor, House Committee on Financial Institutions: Filing certain insurance related corporate documents. Reported by Committee on Financial Institutions, Insurance and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Heavey, Kline and Prentice.



      Passed to Committee on Rules for second reading.


March 27, 1997

SHB 1076          Prime Sponsor, House Committee on Government Reform and Land Use: Reforming regulatory activities. Reported by Committee on Government Operations


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

 

      Referred to Committee on Ways and Means.


March 27, 1997

HB 1189            Prime Sponsor, Representative K. Schmidt: Making the moratorium on oil and gas exploration and production off the Washington coast permanent. Reported by Committee on Natural Resources and Parks


      MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Snyder, Spanel, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


March 27, 1997

HB 1400            Prime Sponsor, Representative Benson: Removing a termination date in the bank statement rule. Reported by Committee on Financial Institutions, Insurance and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Heavey, Kline and Prentice.


      Passed to Committee on Rules for second reading.


March 27, 1997

SHB 1418          Prime Sponsor, House Committee on Natural Resources: Eliminating pooling of the resource management cost account and removing reference to agricultural college lands. Reported by Committee on Natural Resources and Parks


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Morton, Prentice, Roach, Snyder, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


March 27, 1997

HB 1452            Prime Sponsor, Representative L. Thomas: Providing definitions concerning title insurers. Reported by Committee on Financial Institutions, Insurance and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Kline and Prentice.


      Passed to Committee on Rules for second reading.


March 28, 1997

HB 1465            Prime Sponsor, Representative Sump: Requiring establishment of a no-cost consulting service regarding mining issues. Reported by Committee on Natural Resources and Parks


      MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Spanel, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


March 28, 1997

SHB 1466          Prime Sponsor, House Committee on Natural Resources: Allowing the department of natural resources to delegate some or all of its surface mining enforcement authority to qualified personnel of a county, city, or town. Reported by Committee on Natural Resources and Parks


      MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Spanel, Stevens and Swecker.


      Passed to Committee on Rules for second reading.





March 28, 1997

SHB 1467          Prime Sponsor, House Committee on Natural Resources: Specifying where reclamation performance security must be posted. Reported by Committee on Natural Resources and Parks


      MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Spanel, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


March 28, 1997

HB 1468            Prime Sponsor, Representative Buck: Removing authority to modify reclamation permit fees. Reported by Committee on Natural Resources and Parks


      MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Roach, Snyder, Spanel, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


March 27, 1997

SHB 1504          Prime Sponsor, House Committee on Government Administration: Protecting records of strategy discussions. Reported by Committee on Government Operations


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


      Passed to Committee on Rules for second reading.


March 27, 1997

SHB 1536          Prime Sponsor, House Committee on Health Care: Modifying regulation of respiratory care practitioners. Reported by Committee on Health and Long-Term Care


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


      Referred to Committee on Ways and Means.


March 27, 1997

SHB 1596          Prime Sponsor, House Committee on Government Administration: Concerning the transfer of solid waste regulatory authority back and forth between cities and the utilities and transportation commission. Reported by Committee on Government Operations.


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


      Passed to Committee on Rules for second reading.


March 28, 1997

SHB 1600          Prime Sponsor, House Committee on Natural Resources: Revising provisions relating to surface mining permits. Reported by Committee on Natural Resources and Parks


      MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Spanel, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


March 27, 1997

SHB 1618          Prime Sponsor, House Committee on Health Care: Modifying certain aspects of programs that treat impaired physicians. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin, Strannigan and Wojahn.


      Passed to Committee on Rules for second reading.


March 28, 1997

SHB 1624          Prime Sponsor, House Committee on Government Reform and Land Use: Defining wetlands for growth management purposes. Reported by Committee on Government Operations



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


      Referred to Committee on Agriculture and Environment.


March 27, 1997

ESHB 1678        Prime Sponsor, House Committee on Financial Institutions and Insurance: Regulating mortgage brokers. Reported by Committee on Financial Institutions, Insurance and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Heavey, Kline and Prentice.


      Passed to Committee on Rules for second reading.


March 27, 1997

SHB 1795          Prime Sponsor, House Committee on Natural Resources: Concerning the classification of forest practices and the regulation of forest practices by state and local entities. Reported by Committee on Natural Resources and Parks


      MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Snyder, Spanel, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


March 27, 1997

HB 1796            Prime Sponsor, Representative Smith: Delivering the cancellation notice for an insurance policy. Reported by Committee on Financial Institutions, Insurance and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Heavey, Kline and Prentice.


      Passed to Committee on Rules for second reading.


March 27, 1997

HB 1819            Prime Sponsor, Representative Benson: Establishing the confidentiality of voluntary compliance efforts by financial institutions. Reported by Committee on Financial Institutions, Insurance and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Heavey, Kline and Prentice.


      Passed to Committee on Rules for second reading.


March 27, 1997

HB 1828            Prime Sponsor, Representative Van Luven: Establishing inspection requirements for private residence conveyances. Reported by Committee on Financial Institutions, Insurance and Housing


      MAJORITY Recommendation: That the bill be referred to Committee on Commerce and Labor without recommendation. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Heavey, Kline and Prentice.


      Referred to Committee on Commerce and Labor.


March 27, 1997

HB 1928            Prime Sponsor, Representative Skinner: Allowing the housing finance commission to impose covenants running with the land. Reported by Committee on Financial Institutions, Insurance and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Kline and Prentice.


      Passed to Committee on Rules for second reading.


March 28, 1997

HB 1942            Prime Sponsor, Representative B. Thomas: Repealing the coal mining code. Reported by Committee on Natural Resources and Parks


      MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Spanel, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


March 27, 1997

HB 1945            Prime Sponsor, Representative Dunn: Concerning foreclosed property deeded by a county for use as state forest land. Reported by Committee on Natural Resources and Parks


      MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Spanel, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


March 28, 1997

SHB 1985          Prime Sponsor, House Committee on Appropriations: Allowing for pilot project landscape management plans. Reported by Committee on Natural Resources and Parks


      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Spanel, Stevens and Swecker.


      Referred to Committee on Ways and Means.


March 27, 1997

SHB 2097          Prime Sponsor, House Committee on Financial Institutions and Insurance: Regulating the investment practices of insurance companies. Reported by Committee on Financial Institutions, Insurance and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Hale, Heavey, Kline and Prentice.


      Passed to Committee on Rules for second reading.


March 28, 1997

SHB 2149          Prime Sponsor, House Committee on Natural Resources: Modifying licensing provisions for a dungeness crab--Puget Sound fishery license. Reported by Committee on Natural Resources and Parks


      MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Spanel, Stevens and Swecker.


      Passed to Committee on Rules for second reading.


March 27, 1997

EHB 3901          Prime Sponsor, Representative Cooke: Implementing the federal personal responsibility and work opportunity reconciliation act of 1996 (Introduced with Senate sponsors). Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Refer to Committee on Rules without recommendation. Signed by Senators Deccio, Vice Chair; Wood, Vice Chair; Benton and Strannigan.


      MINORITY Recommendation: Do not pass. Signed by Senators Fairley and Wojahn.


      HOLD.


MOTION


      On motion of Senator Johnson, Substitute House Bill No. 1076 was referred to the Committee on Ways and Means.


REQUEST TO HOLD BILL


      Senator Snyder requested that Engrossed House Bill No. 3901 be held at the desk.


MOTION


      On motion of Senator Johnson, Engrossed House Bill No. 3901 was held on the desk.


INTRODUCTION AND FIRST READING

 

SB 6092             by Senators West and Deccio

 

AN ACT Relating to abolishing the state health care policy board; amending RCW 41.05.021, 43.70.054, 43.70.066, 43.70.068, and 43.72.310; repealing RCW 43.72.320, 43.73.010, 43.73.020, 43.73.030, and 43.73.040; providing an effective date; and declaring an emergency.

Referred to Committee on Ways and Means.

 

SB 6093             by Senators West and Deccio

 

AN ACT Relating to the basic health plan; amending RCW 70.47.015; and reenacting and amending RCW 70.47.060.

Referred to Committee on Ways and Means


MOTION


      On motion of Senator Johnson, the rules were suspended and Senate Concurrent Resolution No. 8410, which was held on the Introduction and First Reading Calendar March 3, 1997, was advanced to second reading.


SECOND READING


      SENATE CONCURRENT RESOLUTION NO. 8410, by Senators Horn, Rossi, Johnson, McDonald, Winsley and Rasmussen


      Proclaiming the year commencing July 1997, as Klondike Gold Rush Centennial Year.


      The concurrent resolution was read the second time.


SENATE CONCURRENT RESOLUTION NO. 8410


      WHEREAS, At 6:00 a.m. on the morning of July 17, 1897, the S.S. Portland steamed into Seattle from St. Michael, Alaska, through Puget Sound with more than a ton of gold on board; and

      WHEREAS, News of gold in Canada's Yukon captured the imagination of the world turning a sleepy frontier town on Puget Sound into the "gateway to the Klondike" making it, for the time, the liveliest town in America; and

      WHEREAS, The city of Seattle and the surrounding region owe their growth to the gold rush fever brought on by the Klondike gold rush of 1897-1898 which brought tens of thousands of people to the far north corner of the United States; and

      WHEREAS, On July 19, 1997, the Spirit of '98 will reenact the arrival of the S.S. Portland one hundred years and two days after the original landing, an effort begun two years ago by the board of directors of the Klondike Centennial Committee of Washington, together with the Klondike Centennial Committee of Alaska, the Office of the Secretary of State, the Seattle Chamber of Commerce, and private business who are also working on a variety of other events and activities; and

      WHEREAS, The Klondike Centennial celebration activities are being coordinated by the Klondike Centennial Committees of Alaska, British Columbia, the Yukon, and Washington to ensure the recognition of a significant event in the history of the United States and Canada;

      NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, the House of Representatives concurring, That "The Rush is On," and, in honor of our forbearers, pioneers whose toughness, tenacity, and spirit of adventure have come to characterize the Evergreen State, the year commencing July 1997, is proclaimed the "Klondike Gold Rush Centennial Year"; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Office of the Secretary of State, the Klondike Centennial Committee of Washington, the Seattle Chamber of Commerce, and each of the Klondike Centennial Committees of Alaska, British Columbia, and the Yukon.


MOTION


      On motion of Senator Johnson, the rules were suspended, Senate Concurrent Resolution No. 8410 was advanced the third reading, the second reading considered the third and the concurrent resolution was adopted.

      SENATE CONCURRENT RESOLUTION NO. 8410 was adopted by voice vote.


      Senators Horn, Loveland and McCaslin spoke to Senate Concurrent Resolution No. 8410.


INTRODUCTION OF SPECIAL GUEST


      The President welcomed and introduced Reid Jarvis, past chairman of the Klondike Gold Rush Centennial Committee, who was seated in the gallery.


MOTION


      At 10:21 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.


      The Senate was called to order at 12:02 p.m. by President Owen.


      At 12:02 p.m., on motion of Senator Johnson, the Senate adjourned until 12:00 noon, Tuesday, April 1, 1997.


BRAD OWEN, President of the Senate


MIKE O'CONNELL, Secretary of the Senate