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TWELFTH DAY

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NOON SESSION

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Senate Chamber, Olympia, Friday, January 23, 2004

      The Senate was called to order at 12:00 noon by President Pro Tempore. No roll call was taken.


MOTION


      On motion of Senator Pflug, the reading of the Journal of the previous day was dispensed with and it was approved.


MOTION


      There being no objection, the Senate advanced to the first order of business.


REPORTS OF STANDING COMMITTEES


January 21, 2004

E2SSB 5364      Prime Sponsor, Committee on Ways & Means: Promoting economic development and community revitalization. Reported by Committee on Ways & Means


      MAJORITY Recommendation: That Third Substitute Senate Bill No. 5364 be substituted therefor, and the third substitute bill do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget, Chair; Carlson; Honeyford; Johnson; Regala; Roach; Sheahan; Sheldon, B. and Winsley.


      Passed to Committee on Rules for second reading.


January 22, 2004

SB 6076             Prime Sponsor, Esser: Revising provisions for committees of members of nonprofit corporations. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline and Roach.


      Passed to Committee on Rules for second reading.


January 22, 2004

SB 6105             Prime Sponsor, McCaslin: Revising penalties for animal cruelty. Reported by Committee on Judiciary

 

MAJORITY recommendation: That Substitute Senate Bill No. 6105 be substituted therefor, and the substitute bill do pass. Signed by Senators Esser, Vice Chair; Brandland, Haugen, Johnson, Kline, Roach and Thibaudeau.


      Passed to Committee on Rules for second reading.


January 22, 2004

SB 6106             Prime Sponsor, Rasmussen: Including severability clauses in commodity commission statutes. Reported by Committee on Agriculture

 

MAJORITY recommendation: Do pass. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Jacobsen, Rasmussen and Sheahan.


      Passed to Committee on Rules for second reading.


January 22, 2004

SB 6108             Prime Sponsor, Sheahan: Applying pesticides. Reported by Committee on Agriculture

 

MAJORITY recommendation: That Substitute Senate Bill No. 6108 be substituted therefor, and the substitute bill do pass. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Jacobsen, Rasmussen and Sheahan.


      Passed to Committee on Rules for second reading.


January 22, 2004

SB 6125             Prime Sponsor, Morton: Conservancy board voting. Revised for 1st Substitute: Providing for alternate members of a water conservancy board. Reported by Committee on Natural Resources, Energy & Water

 

MAJORITY recommendation: That Substitute Senate Bill No. 6125 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Hargrove and Honeyford.

 

Minority Report: Do not pass. Signed by Senator Fraser.


      Passed to Committee on Rules for second reading.


January 22, 2004

SB 6126             Prime Sponsor, Swecker: Promoting Washington-grown apples. Reported by Committee on Agriculture

 

MAJORITY recommendation: Do pass. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Rasmussen and Sheahan.


      Passed to Committee on Rules for second reading.


January 22, 2004

SB 6127             Prime Sponsor, Swecker: Promoting Washington state agriculture. Reported by Committee on Agriculture

 

MAJORITY recommendation: Do pass. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Rasmussen and Sheahan.


      Passed to Committee on Rules for second reading.


January 22, 2004

SB 6129             Prime Sponsor, Carlson: Changing membership on the higher education coordinating board. Reported by Committee on Higher Education

 

MAJORITY recommendation: That Substitute Senate Bill No. 6129 be substituted therefor, and the substitute bill do pass. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Kohl-Welles, Pflug, B. Sheldon and Shin.


      Passed to Committee on Rules for second reading.


January 22, 2004

SB 6130             Prime Sponsor, Esser: Granting additional rights and powers to nonprofit miscellaneous and mutual corporations. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline, Roach and Thibaudeau.


      Passed to Committee on Rules for second reading.


January 21, 2004

SB 6132             Prime Sponsor, Morton: Providing tax incentives for solar energy systems. Reported by Committee on Natural Resources, Energy & Water

 

MAJORITY recommendation: That Substitute Senate Bill No. 6132 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Fraser, Hargrove, Honeyford, Oke and Regala.


      Passed to Committee on Ways & Means.


January 22, 2004

SB 6138             Prime Sponsor, Kohl-Welles: Developing a master plan for education from prekindergarten through university. Reported by Committee on Higher Education

 

MAJORITY recommendation: That Substitute Senate Bill No. 6138 be substituted therefor, and the substitute bill do pass. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Kohl-Welles, B. Sheldon and Shin.


      Passed to Committee on Rules for second reading.


January 22, 2004

SB 6140             Prime Sponsor, Morton: Exempting uninhabited electric utility facilities from short plats and subdivision requirements. Reported by Committee on Land Use & Planning

 

MAJORITY recommendation: That Substitute Senate Bill No. 6140 be substituted therefor, and the substitute bill do pass. Signed by Senators Mulliken, Chair; Kline, Morton and Murray.


      Passed to Committee on Rules for second reading.


January 22, 2004

SB 6143             Prime Sponsor, Kastama: Determining eligibility for veteran's regular or special license plates. Reported by Committee on Highways & Transportation

 

MAJORITY recommendation: Do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Murray, Oke, Poulsen and Spanel.


      Passed to Committee on Rules for second reading.


January 22, 2004

SB 6148             Prime Sponsor, Haugen: Authorizing special license plates to honor law enforcement officers killed in the line of duty. Reported by Committee on Highways & Transportation

 

MAJORITY recommendation: That Substitute Senate Bill No. 6148 be substituted therefor, and the substitute bill do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Kastama, Murray, Oke, Poulsen and Spanel.


      Passed to Committee on Rules for second reading.


January 21, 2004

SB 6239             Prime Sponsor, Zarelli: Modifying high technology and research and development tax incentive provisions. Reported by Committee on Ways & Means

 

MAJORITY recommendation: That Substitute Senate Bill No. 6239 be substituted therefor, and the substitute bill do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Hale, Honeyford, Johnson, Rasmussen, Roach, Sheahan and Winsley.

 

Minority Report: Do not pass. Signed by Senators Fairley, Fraser and Regala.


      Passed to Committee on Rules for second reading.


January 21, 2004

SB 6240             Prime Sponsor, T. Sheldon: Providing tax incentives in rural counties. Revised for 1st Substitute: Modifying tax incentive provisions for rural counties. Reported by Committee on Ways & Means

 

MAJORITY recommendation: That Substitute Senate Bill No. 6240 be substituted therefor, and the substitute bill do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Hale, Honeyford, Johnson, Prentice, Rasmussen, Roach, Sheahan and Winsley.


      Passed to Committee on Rules for second reading.


January 22, 2004

SB 6268             Prime Sponsor, Kohl-Welles: Permitting a college or university to maintain a diverse student population by considering race, color, ethnicity, or national origin in the admission and transfer process without using quotas, predetermined points, or set asides. Reported by Committee on Higher Education

 

MAJORITY recommendation: That Substitute Senate Bill No. 6268 be substituted therefor, and the substitute bill do pass and be referred to Committee on Judiciary. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Kohl-Welles, B. Sheldon and Shin.


      Passed to Committee on Judiciary.


January 22, 2004

SB 6270             Prime Sponsor, Esser: Revising provisions relating to attorneys' liens. Reported by Committee on Judiciary

 

MAJORITY recommendation: That Substitute Senate Bill No. 6270 be substituted therefor, and the substitute bill do pass. Signed by Senators Esser, Vice Chair; Hargrove, Haugen, Johnson, Kline, Roach and Thibaudeau.

 

Minority Report: Do not pass. Signed by Senator Brandland.


      Passed to Committee on Rules for second reading.


January 22, 2004

SB 6325             Prime Sponsor, Haugen: Adjusting provisions of the special license plate law. Reported by Committee on Highways & Transportation

 

MAJORITY recommendation: That Substitute Senate Bill No. 6325 be substituted therefor, and the substitute bill do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Murray, Oke, Poulsen and Spanel.


      Passed to Committee on Rules for second reading.


January 22, 2004

SB 6378             Prime Sponsor, Esser: Prohibiting unauthorized recording of motion pictures. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline and Roach.


      Passed to Committee on Rules for second reading.


MOTION


      On motion of Senator Pflug, all measures listed on the Standing Committee report were referred to the committees as designated.


REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS


January 22, 2004

SGA 9267          DALE STEDMAN, appointed November 1, 2003, for the term ending June 30, 2008, as a member of the Transportation Commission.

Reported by Committee on Highways & Transportation


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Kastama, Murray, Oke, Poulsen and Spanel.


      Passed to Committee on Rules.


January 22, 2004

SGA 9277          DANIEL O'NEAL, appointed November 1, 2003, for the term ending June 30, 2009, as a member of the Transportation Commission.

Reported by Committee on Highways & Transportation


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Kastama, Murray, Oke, Poulsen and Spanel.


      Passed to Committee on Rules.


MOTION


      On motion of Senator Pflug, all Gubernatorial Appointments listed on the Standing Committee report were referred to the committees as designated.


MOTION


      On motion of Senator Pflug, the Senate advanced to the fifth order of business.


INTRODUCTIONS AND FIRST READING

 

SB 6543             by Senators Carlson, Oke, Shin, Jacobsen and Haugen

 

AN ACT Relating to annexing park districts; and amending RCW 35.61.010 and 35.61.020.

Referred to Committee on Parks, Fish & Wildlife.

 

SB 6544             by Senators Winsley, Brown and Regala; by request of Department of Revenue

 

AN ACT Relating to conforming Washington's tax structure to portions of the streamlined sales and use tax agreement not implemented by chapter 168, Laws of 2003; amending RCW 82.32.020 and 82.32.030; amending 2003 c 168 s 902 (uncodified); reenacting and amending RCW 82.14.020; adding new sections to chapter 82.32 RCW; adding a new section to chapter 82.14 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; creating a new section; providing effective dates; and providing contingent effective dates.

Referred to Committee on Ways & Means.

 

SB 6545             by Senators Schmidt, Eide and Esser

 

AN ACT Relating to the treatment of confidential and proprietary information filed with the utilities and transportation commission and the attorney general; amending RCW 80.04.095; reenacting and amending RCW 42.17.310 and 42.17.310; providing an effective date; and providing an expiration date.

Referred to Committee on Technology & Communications.

 

SB 6546             by Senators Prentice and Benton

 

AN ACT Relating to the confidentiality of compliance review documents and release of records by nonbank financial service companies; and adding a new chapter to Title 19 RCW.

Referred to Committee on Financial Services, Insurance & Housing.

 

SB 6547             by Senators Honeyford, Mulliken and Hewitt

 

AN ACT Relating to adding to the electrical board one representative of each of the following: Outside journeyman lineman, industrial electricians, owners or managers of appliance repair contractors, and owners or managers of heating, ventilation, and air conditioning contractors; and amending RCW 19.28.311.

Referred to Committee on Commerce & Trade.

 

SB 6548             by Senators Honeyford, Hewitt, Mulliken and Sheahan

 

AN ACT Relating to wildlife crop damage; amending RCW 77.36.080; amending 2001 c 274 s 5 (uncodified); and providing an expiration date.

Referred to Committee on Natural Resources, Energy & Water.

 

SB 6549             by Senators Hargrove, Horn, Franklin, Keiser, Shin, B. Sheldon, Eide, Fairley, Kohl-Welles, Rasmussen, Thibaudeau, Regala, Poulsen, Prentice, Berkey, McAuliffe, Doumit, Kastama, Haugen and Johnson

 

AN ACT Relating to display of the United States flag; and amending RCW 1.20.015.

Referred to Committee on Highways & Transportation.

 

SB 6550             by Senators Rasmussen, Winsley, Kastama, Oke and Regala

 

AN ACT Relating to the implementation date of existing lodging taxes; amending RCW 67.28.181 and 67.28.200; and creating a new section.

Referred to Committee on Government Operations & Elections.

 

SB 6551             by Senators Thibaudeau, Winsley, Fairley, Spanel, Kohl-Welles, B. Sheldon, Franklin, Doumit, Brown, Fraser, McAuliffe, Shin, Keiser, Kline, Poulsen, Regala, Berkey, Eide, Prentice and Rasmussen

 

AN ACT Relating to expanding access to health insurance coverage; amending RCW 70.47.010, 70.47.020, 70.47.030, and 70.47.060; adding new sections to chapter 70.47 RCW; adding a new section to chapter 48.21 RCW; adding a new section to chapter 48.44 RCW; adding a new section to chapter 48.46 RCW; adding a new section to chapter 74.09 RCW; adding a new chapter to Title 50 RCW; and creating new sections.

Referred to Committee on Health & Long-Term Care.

 

SB 6552             by Senators Murray, Haugen, Esser, Oke, Swecker and Rasmussen; by request of Department of Social and Health Services and Department of Health

 

AN ACT Relating to specialized commercial vehicles used for patient transportation; and amending RCW 18.73.180.

Referred to Committee on Health & Long-Term Care.

 

SB 6553             by Senators Deccio, Keiser, Parlette, Winsley, Thibaudeau and Kline; by request of Department of Health

 

AN ACT Relating to health professions disciplinary procedures; amending RCW 18.130.060, 18.130.090, and 18.130.190; adding a new section to chapter 18.130 RCW; and providing an effective date.

Referred to Committee on Health & Long-Term Care.

 

SB 6554             by Senators Franklin, Parlette, Keiser, Winsley and Thibaudeau; by request of Department of Health

 

AN ACT Relating to eliminating credentialing barriers for health professions; amending RCW 18.06.050, 18.29.021, 18.29.180, 18.34.070, 18.79.160, 18.83.050, 18.83.070, 18.83.072, 18.83.082, and 18.83.170; adding a new section to chapter 18.79 RCW; and creating a new section.

Referred to Committee on Health & Long-Term Care.

 

SB 6555             by Senators Franklin, Keiser and Thibaudeau; by request of Department of Health

 

AN ACT Relating to eliminating credentialing barriers for sex offender treatment providers; amending RCW 4.24.556, 18.155.020, 18.155.030, and 18.155.040; reenacting and amending RCW 18.130.040; and adding a new section to chapter 18.155 RCW.

Referred to Committee on Health & Long-Term Care.

 

SB 6556             by Senators Keiser and Winsley; by request of Department of Health

 

AN ACT Relating to removing certificate of need limitations on bed capacity and redistribution for federally certified critical access hospitals; and amending RCW 70.38.105.

Referred to Committee on Health & Long-Term Care.

 

SB 6557             by Senators Schmidt, Eide and Esser

 

AN ACT Relating to certain data reporting requirements by competitively classified local exchange companies; and amending RCW 80.04.530.

Referred to Committee on Technology & Communications.

 

SB 6558             by Senators Mulliken, Shin, Deccio, Winsley and Kohl-Welles

 

AN ACT Relating to increasing the operating fee waiver authority for Central Washington University; amending RCW 28B.15.910; and providing an effective date.

Referred to Committee on Higher Education.

 

SB 6559             by Senators Stevens and Hargrove

 

AN ACT Relating to provision of cash grants, case staffing, and work requirements to families eligible for temporary assistance for needy families; amending RCW 74.08A.260; and creating a new section.

Referred to Committee on Children & Family Services & Corrections.

 

SB 6560             by Senators Oke, Fraser, Swecker, Kline, Kohl-Welles, Jacobsen, Thibaudeau, Fairley and Winsley

 

AN ACT Relating to animal cruelty; amending RCW 16.52.205 and 16.52.207; adding a new section to chapter 77.12 RCW; and prescribing penalties.

Referred to Committee on Judiciary.

 

SB 6561             by Senators Carlson, McAuliffe and Kohl-Welles

 

AN ACT Relating to strengthening linkages between K-12 and higher education systems; creating a new section; and providing an expiration date.

Referred to Committee on Higher Education.

 

SB 6562             by Senators Mulliken and Parlette

 

AN ACT Relating to water pollution control; and amending RCW 90.48.010 and 90.48.080.

Referred to Committee on Natural Resources, Energy & Water.

 

SB 6563             by Senators Schmidt, McAuliffe, Stevens, Keiser and Haugen

 

AN ACT Relating to the use of Paine Field for commercial passenger air service; creating a new section; and making an appropriation.

Referred to Committee on Highways & Transportation.

 

SB 6564             by Senators Kline, Esser, Franklin, Roach, Berkey, Shin, Kastama, Prentice, Brandland, Regala, Johnson, Keiser, Thibaudeau and Winsley

 

AN ACT Relating to driver's licenses; amending RCW 46.63.110 and 46.64.025; and reenacting and amending RCW 46.20.391.

Referred to Committee on Judiciary.

 

SB 6565             by Senators Kline, Kastama, Haugen, McCaslin, Esser, Spanel and Jacobsen

 

AN ACT Relating to administrative procedures for abandoned vehicles; amending RCW 46.12.101, 46.12.102, 46.55.100, 46.55.120, and 46.55.140; and prescribing penalties.

Referred to Committee on Highways & Transportation.

 

SB 6566             by Senators Jacobsen, Kohl-Welles, Carlson, Shin and Horn

 

AN ACT Relating to an intercollegiate and community swim facility; creating a new section; and making an appropriation.

Referred to Committee on Higher Education.

 

SB 6567             by Senators Deccio, Franklin, Winsley and Prentice

 

AN ACT Relating to the nursing care quality assurance commission; and amending RCW 18.79.070.

Referred to Committee on Health & Long-Term Care.

 

SB 6568             by Senators Fraser, Winsley, Kline, Kohl-Welles, Jacobsen, B. Sheldon, Spanel, Keiser, Franklin and Thibaudeau

 

AN ACT Relating to directing the institute for public policy to develop a proposal for establishing a Washington state women's history center or information network; creating new sections; providing an effective date; and declaring an emergency.

Referred to Committee on Higher Education.

 

SB 6569             by Senators Fraser, Winsley, Fairley, Kline and Kohl-Welles

 

AN ACT Relating to donation of surplus construction property to nonprofit corporations; amending RCW 43.19.1919 and 39.12.020; adding a new section to chapter 43.19 RCW; and creating a new section.

Referred to Committee on Government Operations & Elections.

 

SB 6570             by Senators Shin, Schmidt, Berkey, Keiser and Fairley

 

AN ACT Relating to local regulation of siting essential public facilities; amending RCW 36.70A.200; and creating a new section.

Referred to Committee on Land Use & Planning.


MOTION


      On motion of Senator Pflug, all measures listed on the Introduction and First Reading report were referred to the committees as designated.


MOTION


      At 12:04 p.m., on motion of Senator Pflug, the Senate adjourned until 10:00 a.m., Monday, January 26, 2004.


BRAD OWEN, President of the Senate


MILTON H. DOUMIT, JR., Secretary of the Senate