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TWENTY-THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, February 3, 2004
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 with the exception of Senator Kastama.
The Sergeant at Arms Color Guard consisting of Pages Jamie DeHaven and Tom Naylor presented the Colors. Senator Haugen offered the prayer.
MOTION
On motion of Senator Esser, 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
February 2, 2004
SB 6164 Prime Sponsor, B. Sheldon: Concerning residency status of military dependents. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Horn, Kohl-Welles, Pflug, B. Sheldon and Shin.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6204 Prime Sponsor, Doumit: Evaluating and expanding revenue generation on state-owned lands. Reported by Committee on Parks, Fish & Wildlife
MAJORITY recommendation: Do pass and be referred to Committee on Ways & Means. Signed by Senators Oke, Chair; Sheahan, Vice Chair; Doumit, Morton and Swecker.
Passed to Committee on Ways & Means.
February 2, 2004
SB 6264 Prime Sponsor, Swecker: Allowing for the issuance of general permits for certain projects in state waters and on shorelines of the state. Reported by Committee on Parks, Fish & Wildlife
MAJORITY recommendation: That Substitute Senate Bill No. 6264 be substituted therefor, and the substitute bill do pass. Signed by Senators Oke, Chair; Sheahan, Vice Chair; Doumit, Jacobsen, Morton, Spanel and Swecker.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6282 Prime Sponsor, Doumit: Concerning personal use shellfish licenses. Reported by Committee on Parks, Fish & Wildlife
MAJORITY recommendation: That Substitute Senate Bill No. 6282 be substituted therefor, and the substitute bill do pass. Signed by Senators Oke, Chair; Sheahan, Vice Chair; Doumit, Jacobsen, Morton, Spanel and Swecker.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6285 Prime Sponsor, Oke: Providing for a regulated trapping program in the state. Reported by Committee on Parks, Fish & Wildlife
MAJORITY recommendation: That Substitute Senate Bill No. 6285 be substituted therefor, and the substitute bill do pass. Signed by Senators Oke, Chair; Sheahan, Vice Chair; Doumit, Jacobsen, Morton, Spanel and Swecker.
Passed to Committee on Rules for second reading.
January 30, 2004
SB 6296 Prime Sponsor, Roach: Making technical changes to county treasurer statutes. Revised for 1st Substitute: Making changes to county treasurer statutes. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: That Substitute Senate Bill No. 6296 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Berkey, Fairley, Kastama and McCaslin.
Passed to Committee on Rules for second reading.
January 30, 2004
SB 6306 Prime Sponsor, Roach: Changing provisions relating to providing notice of proposed rule changes. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Berkey, Fairley, Kastama and McCaslin.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6332 Prime Sponsor, Schmidt: Providing for performance contracts with institutions of higher education on a pilot basis. Reported by Committee on Higher Education
MAJORITY recommendation: That Substitute Senate Bill No. 6332 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Horn, Kohl-Welles, Pflug and Shin.
MINORITY recommendation: Do not pass. Signed by Senator B. Sheldon.
Passed to Committee on Ways & Means.
February 2, 2004
SB 6342 Prime Sponsor, Oke: Recognizing important bird areas. Reported by Committee on Parks, Fish & Wildlife
MAJORITY recommendation: That Substitute Senate Bill No. 6342 be substituted therefor, and the substitute bill do pass. Signed by Senators Oke, Chair; Doumit, Jacobsen, Spanel and Swecker.
Passed to Committee on Rules for second reading.
January 30, 2004
SB 6400 Prime Sponsor, Kastama: Authorizing additional sales tax authority for public facilities districts. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: That Substitute Senate Bill No. 6400 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means. Signed by Senators Roach, Chair; Berkey, Fairley, Kastama and McCaslin.
Passed to Committee on Ways & Means.
January 30, 2004
SB 6420 Prime Sponsor, Roach: Enhancing integrity of voting systems. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: That Substitute Senate Bill No. 6420 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Berkey, Fairley, Kastama and McCaslin.
Passed to Committee on Rules for second reading.
January 30, 2004
SJM 8039 Prime Sponsor, Shin: Requesting relief for military installations in Washington State from the latest round of closures under the Base Realignment and Closure process. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Berkey, Fairley, Kastama and McCaslin.
Passed to Committee on Rules for second reading.
January 30, 2004
SJM 8040 Prime Sponsor, Shin: Requesting funding for veterans' health care needs. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Berkey, Fairley, Kastama and McCaslin.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Esser, all measures listed on the Standing Committee report were referred to the committees as designated.
On motion of Senator Esser, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
February 2, 2004
MR. PRESIDENT:
The House has passed the following bill:
ENGROSSED SUBSTITUTE HOUSE BILL 1005,
and the same is herewith transmitted.
RICHARD NARZIGER, Chief Clerk
MOTION
There being no objection, the Senate advanced to the fifth order of business.
INTRODUCTIONS AND FIRST READING
SB 6706 by Senators Thibaudeau, Kohl-Welles and McAuliffe
AN ACT Relating to off-campus disruptive behavior of higher education students; and adding a new section to chapter 28B.10 RCW.
Referred to Committee on Higher Education.
SB 6707 by Senators Morton, Winsley, Fraser and Rasmussen
AN ACT Relating to creating a public lands advisory commission for noxious weed management; and adding new sections to chapter 17.10 RCW.
Referred to Committee on Natural Resources, Energy & Water.
SB 6708 by Senators Thibaudeau, McAuliffe, Eide, Kohl-Welles, Winsley, Benton and Berkey
AN ACT Relating to defibrillators in schools; adding a new section to chapter 28A.320 RCW; making an appropriation; and providing an effective date.
Referred to Committee on Education.
SB 6709 by Senators Roach, Kastama, Fairley, McCaslin, Stevens, Schmidt, Shin, Berkey, Horn, Kline, Jacobsen, Keiser, McAuliffe, Winsley, B. Sheldon and Eide
AN ACT Relating to encouraging voter registration among youth; adding a new section to chapter 46.20 RCW; adding a new section to chapter 29A.04 RCW; and creating a new section.
Referred to Committee on Government Operations & Elections.
SB 6710 by Senators Horn, Haugen, Swecker, Spanel and Esser
AN ACT Relating to transportation fees; amending RCW 46.16.237, 46.16.270, 46.20.117, 46.20.120, 46.20.311, and 46.20.380; reenacting and amending RCW 46.16.160, 46.20.055, 46.20.070, and 46.20.308; and providing effective dates.
Referred to Committee on Highways & Transportation.
SB 6711 by Senators Horn, Jacobsen, Swecker, Prentice and Esser
AN ACT Relating to membership on regional transportation planning organization boards; amending RCW 47.80.060; and adding a new section to chapter 47.80 RCW.
Referred to Committee on Highways & Transportation.
SB 6712 by Senators Murray, Haugen, Hewitt, Doumit, Spanel, Honeyford, Swecker, Eide, Morton, Jacobsen, Deccio, Kastama, Carlson, Prentice, Benton, Rasmussen, Roach, Hargrove, McAuliffe, Stevens, Mulliken, Sheahan and Shin
AN ACT Relating to motorist information sign panels; amending RCW 47.36.310; and repealing RCW 47.36.325.
Referred to Committee on Highways & Transportation.
SB 6713 by Senators Roach, Schmidt, Oke, Stevens, Kohl-Welles, Jacobsen, Eide, Rasmussen and Shin
AN ACT Relating to disclosure of information concerning sex offenders and kidnapping offenders; amending RCW 4.24.550; and creating a new section.
Referred to Committee on Children & Family Services & Corrections.
SB 6714 by Senators Kline, Fairley, Prentice, Kohl-Welles, Oke and Pflug
AN ACT Relating to expanding the responsibilities of the caseload forecast council; and amending RCW 43.88C.010.
Referred to Committee on Ways & Means.
INTRODUCTIONS AND FIRST READING OF HOUSE BILLS
2SHB 1234 by House Committee on Appropriations (originally sponsored by Representatives Pettigrew, Veloria, McCoy, Conway and Chase)
Establishing an industry cluster-based approach to economic development.
Referred to Committee on Economic Development.
ESHB 1869 by House Committee on Finance (originally sponsored by Representatives McIntire, Gombosky, Morris, Conway, Santos, Haigh, Kagi, Hunt, Linville, Dunshee, Chase, G. Simpson, Moeller, Lovick, Cody, Murray, Upthegrove, Veloria and Wood)
Requiring performance audits for tax preferences.
Referred to Committee on Ways & Means.
SHB 2439 by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Hankins, Campbell, Cooper, Kenney, Wood, D. Simpson, Chase, G. Simpson, Moeller, Morrell, Hudgins and Dickerson; by request of Governor Locke and Washington State Apprenticeship and Training Council)
Providing for apprenticeship utilization requirements on public works projects.
Referred to Committee on Commerce & Trade.
ESHB 2546 by House Committee on Finance (originally sponsored by Representatives McIntire, Morris, Hunter, Ruderman, Kessler, Lovick, Hunt, Grant, Hatfield, Fromhold, Clibborn and Clements; by request of Governor Locke)
Modifying high technology and research and development tax incentive provisions.
Held at the desk.
HJM 4018 by Representatives Blake, Veloria and Kenney
Requesting Congress to enter trade agreements that are more fair to domestic agricultural businesses.
Referred to Committee on Agriculture.
MOTION
On motion of Senator Esser, all measures listed on the Introductions and First Reading report were referred to the committees as designated with the exception of Engrossed Substitute House Bill No. 2546 which was held at the desk.
MOTION
On motion of Senator Esser, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Mulliken, the following resolution was adopted:
By Senators Mulliken, Hale, Rasmussen, Benton, Zarelli, McAuliffe, Prentice, Esser, Deccio, Franklin, B. Sheldon, Regala and Carlson
WHEREAS, Catholic school educators have been teaching in Washington state for more than one hundred forty years, beginning with the Sisters of Providence at Fort Vancouver; and
WHEREAS, Catholic schools throughout the state of Washington and nation provide an outstanding quality education in a safe environment to thousands of students regardless of race, creed, color, gender, national origin, ethnicity, the presence of any sensory, mental, or physical disability, or economic status; and
WHEREAS, Catholic schools have approximately twenty-eight thousand students currently receiving their education in ninety-one elementary and secondary schools throughout the state of Washington; and
WHEREAS, The dedicated men and women who teach and administer these schools produce academically strong students who also commit themselves to service; and
WHEREAS, Catholic schools have trained many of the finest leaders in professions and occupations throughout this state and nation; and
WHEREAS, Catholic schools have been recognized by the United States Department of Education as "Schools of Excellence"; and
WHEREAS, Catholic schools greatly help relieve the financial burdens placed on public school systems by providing options for parents and students seeking alternative educational opportunities; and
WHEREAS, Catholic schools teach the dignity and sanctity of human life; and
WHEREAS, All Catholic schools around the entire country are celebrating "Catholic Schools 2004: A Faith-Filled Future";
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize the Catholic schools of Washington state and honor their academic excellence and faith-based instruction during this celebration of Catholic Schools Week, January 25, 2004, through January 31, 2004; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the school departments at the Archdiocese of Seattle, the Diocese of Spokane, and the Diocese of Yakima.
Senators Mulliken, Carlson, Prentice and Rasmussen spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8700.
The motion by Senator Mulliken carried and the resolution was adopted by voice vote.
MOTION
On motion of Senator Esser, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 6201, by Senators Honeyford and Prentice
Regulating liquified petroleum gas.
MOTIONS
On motion of Senator Morton, Substitute Senate Bill No. 6201 was substituted for Senate Bill No. 6201 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. 6201 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Morton spoke in favor of passage of the bill.
MOTIONS
On motion of Senator Eide, Senators Brown and Kastama were excused.
On motion of Senator Hewitt, Senator Parlette was excused.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6201.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6201 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Kastama - 1.
SUBSTITUTE SENATE BILL NO. 6201, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Esser, the Senate advanced to the seventh order of business.
THIRD READING
ENGROSSED SENATE BILL NO. 5083, by Senators Stevens, Benton, Mulliken, Roach, Oke, Esser, Swecker and T. Sheldon
Recognizing concealed weapon licenses issued by states that recognize Washington's concealed pistol license.
The bill was read on Third Reading.
Senators Stevens and Kline spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5083.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5083 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Kastama - 1.
ENGROSSED SENATE BILL NO. 5083, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
THIRD READING
SENATE BILL NO. 5790, by Senators Franklin, Deccio, Winsley and Kline
Changing the time period in which beds can be converted back to nursing facilities.
The bill was read on Third Reading.
Senator Franklin spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Senate Bill No. 5790.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5790 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Kastama - 1.
SENATE BILL NO. 5790, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Esser, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 6325, by Senators Haugen and Esser
Adjusting provisions of the special license plate law.
MOTIONS
On motion of Senator Horn, Substitute Senate Bill No. 6325 was substituted for Senate Bill No. 6325 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. 6325 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Haugen and Horn spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6325.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6325 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Kastama - 1.
SUBSTITUTE SENATE BILL NO. 6325, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5677, by Senators McAuliffe, Carlson, Parlette, Eide, Rasmussen, Regala, Schmidt, Kohl-Welles and Shin
Requiring state-level education and higher education policy boards to conduct joint meetings. Revised for 1st Substitute: Requiring annual meetings to focus on implementing cross-sector education policies.
MOTIONS
On motion of Senator Carlson, Substitute Senate Bill No. 5677 was substituted for Senate Bill No. 5677 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Carlson, the rules were suspended, Substitute Senate Bill No. 5677 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators McAuliffe and Carlson spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5677.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5677 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Kastama - 1.
SUBSTITUTE SENATE BILL NO. 5677, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6138, by Senators Kohl-Welles, Carlson, Rasmussen, Schmidt and McAuliffe
Developing a master plan for education from prekindergarten through university.
MOTIONS
On motion of Senator Carlson, Substitute Senate Bill No. 6138 was substituted for Senate Bill No. 6138 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Carlson, the rules were suspended, Substitute Senate Bill No. 6138 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kohl-Welles and Carlson spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6138.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6138 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Kastama - 1.
SUBSTITUTE SENATE BILL NO. 6138, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6107, by Senators Rasmussen, Swecker, Eide, Esser, McAuliffe and Shin; by request of Department of Agriculture
Preventing the spread of animal diseases.
MOTIONS
On motion of Senator Swecker, Substitute Senate Bill No. 6107 was substituted for Senate Bill No. 6107 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Swecker, the rules were suspended, Substitute Senate Bill No. 6107 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Swecker and Rasmussen spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6107.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6107 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Kastama - 1.
SUBSTITUTE SENATE BILL NO. 6107, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Esser, the Senate advanced to the seventh order of business.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5168, by Senate Committee on Children & Family Services & Corrections (originally sponsored by Senator Hargrove)
Authorizing reduction of interest on legal financial obligations.
The bill was read on Third Reading.
Senator Hargrove spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5168.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5168 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Kastama - 1.
SUBSTITUTE SENATE BILL NO. 5168, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Eide, Senator Thibaudeau was excused.
THIRD READING
SENATE BILL NO. 6091, by Senator Esser
Ensuring deployment of personal wireless service facilities.
The bill was read on Third Reading.
Senator Esser spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Senate Bill No. 6091.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6091 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, Winsley and Zarelli - 44.
Voting nay: Senators Fairley, Haugen and Spanel - 3.
Excused: Senators Kastama and Thibaudeau - 2.
SENATE BILL NO. 6091, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Esser, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 6269, by Senators Hale, Doumit, Hewitt and Brandland
Concerning the relocation of harbor lines.
The bill was read the second time.
MOTION
On motion of Senator Hale, the rules were suspended, Senate Bill No. 6269 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Hale and Fraser spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Senate Bill No. 6269.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6269 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 47.
Excused: Senators Kastama and Thibaudeau - 2.
SENATE BILL NO. 6269, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Esser, the Senate advanced to the seventh order of business.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5148, by Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Winsley and Prentice; by request of Insurance Commissioner)
Providing confidentiality to certain insurance commissioner examinations.
The bill was read on Third Reading.
Senators Winsley and Prentice spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5148.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5148 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 46.
Voting nay: Senator Fairley - 1.
Excused: Senators Kastama and Thibaudeau - 2.
SUBSTITUTE SENATE BILL NO. 5148, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
THIRD READING
SENATE BILL NO. 5232, by Senator Morton
Authorizing multiyear excess property tax levies for cemetery districts.
MOTION
On motion of Senator Morton, the rules were suspended, Senate Bill No. 5232 was returned to second reading and read a second time.
MOTION
Senator Morton moved that the following striking amendment by Senator Morton be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 84.52.052 and 2003 c 83 s 312 are each amended to read as follows:
The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the levy of additional taxes by any taxing district, except school districts ((and)), fire protection districts, and cemetery districts, in which a larger levy is necessary in order to prevent the impairment of the obligation of contracts. As used in this section, the term "taxing district" means any county, metropolitan park district, park and recreation service area, park and recreation district, water-sewer district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, rural partial-county library district, intercounty rural library district, ((cemetery district,)) city, town, transportation benefit district, emergency medical service district with a population density of less than one thousand per square mile, cultural arts, stadium, and convention district, ferry district, or city transportation authority.
Any such taxing district may levy taxes at a rate in excess of the rate specified in RCW 84.52.050 through 84.52.056 and 84.52.043, or 84.55.010 through 84.55.050, when authorized so to do by the voters of such taxing district in the manner set forth in Article VII, section 2(a) of the Constitution of this state at a special or general election to be held in the year in which the levy is made.
A special election may be called and the time therefor fixed by the county legislative authority, or council, board of commissioners, or other governing body of any such taxing district, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no."
Sec. 2. RCW 68.52.310 and 1973 1st ex.s. c 195 s 77 are each amended to read as follows:
The board of cemetery commissioners shall have no authority to contract indebtedness in any year in excess of the aggregate amount of the currently levied taxes, which annual tax levy for cemetery district purposes shall not exceed eleven and one-quarter cents per thousand dollars of assessed valuation and the tax levy amount authorized in section 3 of this act.
NEW SECTION. Sec. 3. A new section is added to chapter 84.52 RCW to read as follows:
The limitations imposed by RCW 84.52.050 through 84.52.056, and 84.52.043 shall not prevent the levy of taxes by a cemetery district, when authorized so to do by the voters of a cemetery district in the manner and for the purposes and number of years allowable under Article VII, section 2(a) of the Constitution of this state. Elections for taxes shall be held in the year in which the levy is made, or in the case of propositions authorizing two-year through four-year levies for maintenance and operation support of a cemetery district, or authorizing two-year through six-year levies to support the construction, modernization, or remodeling of cemetery district facilities, in the year in which the first annual levy is made. Once additional tax levies have been authorized for maintenance and operation support of a cemetery district for a two-year through four-year period, no further additional tax levies for maintenance and operation support of the district for that period may be authorized.
A special election may be called and the time fixed by the cemetery district commissioners, by giving notice by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing the excess levy shall be submitted in a form as to enable the voters favoring the proposition to vote "yes" and those opposed to vote "no."
NEW SECTION. Sec. 4. This act takes effect January 1, 2005, if the proposed amendment to Article VII, section 2 of the state Constitution authorizing multiyear excess property tax levies for cemetery districts is validly submitted to and approved by the voters at the next general election. If the proposed amendment is not approved, this act is void in its entirety."
Senator Morton spoke in favor of adoption of the striking amendment.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Morton to Senate Bill No. 5232.
The motion by Senator Morton carried and the striking amendment was adopted by voice vote.
MOTION
On motion of Senator Morton, the following title amendment was adopted:
On page 1, line 2 of the title, after "districts;" strike the remainder of the title and insert "amending RCW 84.52.052 and 68.52.310; adding a new section to chapter 84.52 RCW; and providing a contingent effective date."
MOTION
On motion of Senator Morton, the rules were suspended, Engrossed Senate Bill No. 5232 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Morton spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5232.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5232 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 47.
Excused: Senators Kastama and Thibaudeau - 2.
ENGROSSED SENATE BILL NO. 5232, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Esser, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 6417, by Senators Roach and Kastama; by request of Secretary of State
Incorporating the 2003 changes into Title 29A RCW.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 6417 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 final passage on Senate Bill No. 6417.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6417 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 47.
Excused: Senators Kastama and Thibaudeau - 2.
SENATE BILL NO. 6417, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6161, by Senators Regala, McCaslin, Franklin, Brandland, B. Sheldon, Esser, Spanel, Winsley, Rasmussen, Kastama, Kohl-Welles, Shin, Haugen, Keiser, Hargrove, Kline, Doumit, Eide, Fraser, Jacobsen, Benton, Oke, Brown, Murray and McAuliffe
Requiring law enforcement agencies to adopt policies concerning domestic violence by sworn employees.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 6161 was substituted for Senate Bill No. 6161 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Regala, the rules were suspended, Substitute Senate Bill No. 6161 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Regala, McCaslin, Brandland and Franklin spoke in favor of passage of the bill.
Senator Esser: “Would Senator Regala yield to a question? One of the standards that the model policy must provide for, is a procedure by which agencies can access and share domestic violence training within and across jurisdictions. Is this a mandate that requires all agencies to provide access to their domestic violence training programs?”
Senator Regala: “No, this is not a mandate. The intent of the bill is to facilitate a way for jurisdictions to share training programs where opportunities present themselves. This is meant to serve as a cost saving measure. Those agencies with the means to do so, may offer their training program to other agencies.”
Senator Brandland: “Would Senator Regala yield to a question. Does this bill in anyway effect the Garrity decision as it relates to law enforcement?”
Senator Regala: “No, this does not in anyway effect Garrity, in fact Section 3, sub 3, says the model policy shall provide due process for employees.”
EDITOR’S NOTE: Garrity v. New Jersey, 385 U. S. 493 (1967)
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6161.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6161 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 47.
Excused: Senators Kastama and Thibaudeau - 2.
SUBSTITUTE SENATE BILL NO. 6161, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6148, by Senators Haugen, Horn, Brandland, Esser, Oke, Eide, Winsley and Hewitt
Authorizing special license plates to honor law enforcement officers killed in the line of duty.
MOTIONS
On motion of Senator Horn, Substitute Senate Bill No. 6148 was substituted for Senate Bill No. 6148 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. 6148 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Haugen, Brandland, Horn and Eide spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6148.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6148 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.
Excused: Senator Kastama - 1.
SUBSTITUTE SENATE BILL NO. 6148, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Esser, the Senate advanced to the seventh order of business.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5661, by Senate Committee on Land Use & Planning (originally sponsored by Senators Schmidt, Mulliken, Shin, Finkbeiner, Stevens, Esser, Johnson, Reardon and Oke)
Allowing the use of agricultural lands not currently being farmed as sites for recreational activities. Revised for 1st Substitute: Concerning the use of unused agricultural lands for interim recreational purposes.
The bill was read on Third Reading.
Senators Schmidt, Kline, Sheldon, T. and Mulliken spoke in favor of passage of the bill.
Senators Rasmussen, McAuliffe and Spanel spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5661.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5661 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.
Voting yea: Senators Berkey, Brandland, Carlson, Deccio, Eide, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, McCaslin, Morton, Mulliken, Murray, Oke, Pflug, Prentice, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker and Zarelli - 28.
Voting nay: Senators Benton, Brown, Doumit, Fairley, Franklin, Fraser, Hargrove, Haugen, Kline, Kohl-Welles, McAuliffe, Parlette, Poulsen, Rasmussen, Regala, Roach, Sheldon, B., Spanel, Thibaudeau and Winsley - 20.
Excused: Senator Kastama - 1.
SUBSTITUTE SENATE BILL NO. 5661, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
Senator McCaslin: “A point of personal privilege. I would ask the President to direct the Secretary of the Senate to do a variation of acoustical studies in the chamber because obviously your voice is not carrying to the thirty-seventh district Senator. Now I know him as a perfect gentleman, tremendous sense of humor, always cooperating with us and he would not in any way, shape or form defy an instruction from you not to mention that other what ya ma call it. When you say we shouldn’t mention the other blank, then he gets up and mentions the other blank, obviously he can’t hear back there and, if we can’t get a study of acoustics in here I suggest you go to an eye, ear, nose and throat doctor and check out his hearing.”
Senator Rasmussen: “Thank you Mr. President. A point of personal privilege. Mr. President and ladies and gentlemen of the Senate. Yesterday we had the opportunity to listen to a very, very fine speech, oratory that I think was one of the most remarkable speeches that I’ve heard in my life time, and thank you Senator Deccio because you were wonderful and we love you but I need to tell you that Senator Rosa Franklin gave a wonderful speech. I have asked the Secretary of the Senate to be able to print it out so that she may have a copy and that any of the rest of us that would like to have a copy. I know that I’m kind of TVW fan so at 12:30 last night it was on TVW. It was absolutely remarkable. I would just like to make sure that you all had a copy of it and that we could let others know that this was an extremely wonderful, wonderful person. She had all of our hearts were in her speech but it was also something that came right from her heart. I wanted to thank you for allowing me the opportunity to say, “Thank you Senator Franklin. I’m very, very proud of you.” I think we all are.”
MOTION
On motion of Senator Esser, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 6140, by Senators Morton, Fraser, Mulliken and Winsley
Exempting uninhabited electric utility facilities from short plats and subdivision requirements.
MOTIONS
On motion of Senator Esser, Substitute Senate Bill No. 6140 was substituted for Senate Bill No. 6140 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Morton moved that the following amendment by Senator Morton be adopted:
On page 3, line 22, after "division of land" strike "of" and insert "into"
Senator Morton spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Morton on page 3, line 22 to Substitute Senate Bill No. 6140.
The motion by Senator Morton carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Morton, the rules were suspended, Engrossed Substitute Senate Bill No. 6140 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Morton and Kline spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6140.
MOTION
On motion of Senator Eide, Senator Haugen was excused.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6140 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.
Excused: Senators Haugen and Kastama - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6140, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
At 12:04 p.m., on motion of Senator Esser, the Senate adjourned until 10:00 a.m., Wednesday, February 4, 2004.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, JR., Secretary of the Senate