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FIFTIETH DAY
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NOON SESSION
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Senate Chamber, Olympia, Monday, March 1, 2004
The Senate was called to order at 12:00 noon by President Owen. No roll call was taken.
MOTION
On motion of Senator Esser, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
On motion of Senator Esser, the Senate advanced to the fifth order of business.
INTRODUCTIONS AND FIRST READING
SB 6745 by Senators Swecker, Kastama, Jacobsen, B. Sheldon, Spanel and Oke
AN ACT Relating to creating an open primary with voluntary partisan registration; amending RCW 29A.04.007, 29A.04.215, 29A.04.310, 29A.04.320, 29A.08.110, 29A.08.125, 29A.08.135, 29A.08.140, 29A.08.145, 29A.08.210, 29A.08.340, 29A.08.350, 29A.08.360, 29A.08.410, 29A.08.430, 29A.08.645, 29A.08.710, 29A.12.100, 29A.20.020, 29A.20.120, 29A.20.140, 29A.20.150, 29A.20.160, 29A.20.170, 29A.20.190, 29A.20.200, 29A.24.030, 29A.24.100, 29A.24.130, 29A.24.210, 29A.24.310, 29A.28.040, 29A.28.060, 29A.28.070, 29A.32.030, 29A.32.240, 29A.36.010, 29A.36.100, 29A.36.110, 29A.36.120, 29A.36.130, 29A.36.150, 29A.36.160, 29A.36.190, 29A.40.060, 29A.40.090, 29A.44.020, 29A.44.200, 29A.44.230, 29A.52.230, 29A.52.310, 29A.52.320, 29A.60.020, 29A.80.040, 29A.80.050, 29A.80.060, and 42.17.020; reenacting and amending RCW 42.17.310 and 42.17.310; adding new sections to chapter 29A.04 RCW; adding a new section to chapter 29A.08 RCW; adding a new section to chapter 29A.32 RCW; adding a new section to chapter 29A.36 RCW; adding a new section to chapter 29A.40 RCW; adding new sections to chapter 29A.52 RCW; adding a new section to chapter 29A.60 RCW; adding a new section to chapter 29A.64 RCW; adding a new section to chapter 29A.68 RCW; adding a new chapter to Title 29A RCW; creating a new section; repealing RCW 29A.04.903, 29A.36.140, 29A.52.110, 29A.52.120, 29A.52.130, and 29A.56.010; prescribing penalties; providing an effective date; providing expiration dates; and declaring an emergency.
HELD AT THE DESK.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
E3SHB 1796 by House Committee on Transportation (originally sponsored by Representatives Murray, Hankins, Dunshee, Anderson, Lantz, Eickmeyer, McIntire, Kagi, Conway, Kenney, Schual-Berke, Wood, Lovick, Santos and Edwards)
Funding driver's education for low-income students.
Referred to Committee on Education.
ESHB 2531 by House Committee on Transportation (originally sponsored by Representatives Murray, Wallace, McIntire, Dickerson, Hatfield, Rockefeller, Schual-Berke, Moeller, Chase, Conway and Wood)
Expanding authority for regional transportation investment districts.
Referred to Committee on Highways & Transportation.
SHB 3164 by House Committee on Transportation (originally sponsored by Representatives Murray, Ericksen, Wallace, Jarrett, Sommers, Rockefeller, Woods, Ruderman, Hatfield, Morris, Cooper, G. Simpson and Hankins)
Enacting the Transportation Innovative Partnerships Act.
Referred to Committee on Highways & Transportation.
ESHB 3205 by House Committee on Transportation (originally sponsored by Representative Murray)
Funding homeland security for transportation.
Referred to Committee on Highways & Transportation.
MOTION
On motion of Senator Esser, the measures listed on the Introduction and First Reading report were referred to the committees as designated with the exception of Senate Bill No. 6745 which was held at the desk.
SUPPLEMENTAL INTRODUCTION AND FIRST READING
SB 6744 by Senators Benton and Kohl-Welles
AN ACT Relating to a loan repayment endowment program for attorneys who provide legal services in public interest areas of the law; reenacting and amending RCW 43.79A.040; and adding a new chapter to Title 28B RCW.
Referred to Committee on Judiciary.
MOTION
On motion of Senator Esser, the measure listed on the Supplemental Introduction and First Reading report were referred to the committee as designated.
MOTION
At 12:02 p.m., on motion of Senator Esser, the Senate was declared to be at ease subject to the Call of the President.
The Senate was called to order at 5:55 p.m. by President Pro Tempore.
There being no objection, the Senate reverted to the first order of business.
REPORTS OF STANDING COMMITTEES
March 1, 2004
SB 6233 Prime Sponsor, Hewitt: Adopting a supplemental capital budget. Revised for 1st Substitute: Supp capital budget Reported by Committee on Ways & Means
MAJORITY recommendation: That Substitute Senate Bill No. 6233 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, Fairley, Hale, Honeyford, Johnson, Pflug, Rasmussen, Roach, Sheahan and Winsley.
Passed to Committee on Rules for second reading.
March 1, 2004
HB 1064 Prime Sponsor, Representative Eickmeyer: Authorizing the use of signs, banners, or decorations over highways under limited circumstances. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Haugen, Kastama, Mulliken, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
March 1, 2004
SHB 1328 Prime Sponsor, Committee on Finance: Clarifying that boarding homes are not subject to taxation under chapter 82.04 RCW. Revised for 1st Substitute: Modifying the tax treatment of boarding homes. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fraser, Hale, Honeyford, Johnson, Pflug, Prentice, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
March 1, 2004
EHB 1433 Prime Sponsor, Representative Cooper: Designating highways of statewide significance. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Mulliken, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
March 1, 2004
HB 1589 Prime Sponsor, Representative Murray: Allowing annual permits for oversize towing operations. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Mulliken, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
March 1, 2004
EHB 1677 Prime Sponsor, Representative Shabro: Authorizing a county to exempt certain property used in agriculture from taxation. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Hale, Honeyford, Johnson, Pflug, Prentice, Rasmussen, Roach, Sheahan and Winsley.
MINORITY recommendation: Do not pass. Signed by Senators Regala and B. Sheldon.
Passed to Committee on Rules for second reading.
March 1, 2004
SHB 2234 Prime Sponsor, Committee on Capital Budget: Creating the legislative buildings committee. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass as amended. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Pflug, Prentice, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
March 1, 2004
ESHB 2275 Prime Sponsor, Committee on Capital Budget: Expanding the criteria for habitat conservation programs. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass as amended. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Doumit, Honeyford, Johnson, Pflug, Rasmussen, Sheahan and Winsley.
MINORITY recommendation: Do not pass as amended. Signed by Senator Fairley.
Passed to Committee on Rules for second reading.
March 1, 2004
SHB 2319 Prime Sponsor, Committee on Transportation (H): Regulating traffic signal preemption devices. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Haugen, Jacobsen, Kastama, Mulliken, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
March 1, 2004
SHB 2431 Prime Sponsor, Committee on Fisheries, Ecology & Parks: Establishing a Dungeness crab endorsement. Revised for 1st Substitute: Modifying Dungeness crab management provisions. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass as amended. Signed by Senators Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Pflug, Prentice, Rasmussen, Regala, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
March 1, 2004
HB 2470 Prime Sponsor, Representative Lovick: Clarifying damages recoverable in highway accidents. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
March 1, 2004
EHB 2471 Prime Sponsor, Representative Lovick: Authorizing special license plates to honor law enforcement officers killed in the line of duty. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Haugen, Kastama, Mulliken, Murray, Oke, Poulsen and Spanel.
MINORITY recommendation: Do not pass. Signed by Senator Jacobsen, Asst Ranking Minority Member.
Passed to Committee on Rules for second reading.
March 1, 2004
ESHB 2474 Prime Sponsor, Committee on Transportation (H): Making supplemental transportation appropriations. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Mulliken, Murray, Oke and Spanel.
MINORITY recommendation: Do not pass as amended. Signed by Senator Poulsen.
Passed to Committee on Rules for second reading.
March 1, 2004
SHB 2475 Prime Sponsor, Committee on Transportation (H): Facilitating enforcement of toll violations. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Mulliken, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
March 1, 2004
HB 2476 Prime Sponsor, Representative Murray: Facilitating vehicle toll collection. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Mulliken, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
March 1, 2004
HB 2483 Prime Sponsor, Representative Murray: Modifying the disposition of title fees. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Mulliken, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
March 1, 2004
HB 2511 Prime Sponsor, Representative Flannigan: Clarifying seat belt requirements. 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, Oke, Poulsen and Spanel.
MINORITY recommendation: Do not pass. Signed by Senator Mulliken.
Passed to Committee on Rules for second reading.
March 1, 2004
SHB 2532 Prime Sponsor, Committee on Transportation (H): Modifying commercial driver's license provisions. 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, Oke, Poulsen and Spanel.
MINORITY recommendation: Signed by Senator Mulliken.
Passed to Committee on Rules for second reading.
March 1, 2004
HB 2537 Prime Sponsor, Representative Alexander: Establishing a public safety employees' retirement system plan 2. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Pflug, Prentice, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
March 1, 2004
SHB 2660 Prime Sponsor, Committee on Judiciary: Revising provisions involving alcohol-related offenses. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass as amended by Committee on Judiciary. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Mulliken, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
March 1, 2004
SHB 2662 Prime Sponsor, Committee on Transportation (H): Using pictograms in transportation signs. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Mulliken, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
March 1, 2004
ESHB 2675 Prime Sponsor, Committee on Technology, Telecommunications & Energy: Modifying electric utility tax credit provisions. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass as amended by the Committee on Economic Development. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Pflug, Prentice, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
March 1, 2004
ESHB 2693 Prime Sponsor, Committee on Finance: Modifying the taxation of timber on publicly owned land. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fraser, Hale, Honeyford, Johnson, Pflug, Prentice, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
March 1, 2004
EHB 2694 Prime Sponsor, Representative Santos: Revising distribution of funds for operating and maintenance of very low-income housing projects. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Pflug, Prentice, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
March 1, 2004
ESHB 2784 Prime Sponsor, Committee on Trade & Economic Development: Creating the small business incubator program. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass as amended. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Pflug, Prentice, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
March 1, 2004
SHB 2830 Prime Sponsor, Committee on Transportation (H): Authorizing a fee for the review of driving records. 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, Mulliken, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
March 1, 2004
SHB 2908 Prime Sponsor, Committee on Transportation (H): Strengthening accountability for salvage vehicles. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Asst Minority Member, Kastama, Mulliken, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
March 1, 2004
SHB 2910 Prime Sponsor, Committee on Transportation (H): Authorizing special license plates for fire fighters and paramedics. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Haugen, Kastama, Mulliken, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
March 1, 2004
SHB 2919 Prime Sponsor, Committee on Fisheries, Ecology & Parks: Adjusting ORV fees. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Pflug, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
March 1, 2004
HB 2923 Prime Sponsor, Representative Ericksen: Authorizing magnetic levitation transportation systems. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Mulliken, Murray and Oke.
Passed to Committee on Rules for second reading.
March 1, 2004
SHB 2929 Prime Sponsor, Committee on Finance: Suspending business and occupation taxation on certain businesses impacted by the ban on American beef products. Revised for 1st Substitute: Providing temporary tax relief for Washington beef processors. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass as amended by Committee on Agriculture. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Hale, Honeyford, Johnson, Pflug, Prentice, Rasmussen, Roach, Sheahan and Winsley.
Passed to Committee on Rules for second reading.
March 1, 2004
ESHB 2941 Prime Sponsor, Committee on Transportation (H): Requiring vehicle registration at the residence address. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Kastama, Mulliken, Murray, Oke and Spanel.
Passed to Committee on Rules for second reading.
March 1, 2004
EHB 2968 Prime Sponsor, Representative Linville: Providing excise tax deductions for governmental payments to nonprofit organizations for salmon restoration. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Hale, Honeyford, Johnson, Pflug, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
March 1, 2004
E2SHB 3026 Prime Sponsor, Committee on Approp: Revising provisions relating to correctional industries. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass as amended. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Pflug, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
March 1, 2004
ESHB 3054 Prime Sponsor, Committee on Transportation (H): Restoring the vehicle tire fee. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Kastama, Mulliken, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
March 1, 2004
ESHB 3116 Prime Sponsor, Committee on Finance: Modifying tax exemptions for blood banks, bone or tissue banks, and comprehensive cancer centers. Revised for 1st Substitute: Modifying tax exemptions for blood banks and bone or tissue banks. (REVISED FOR ENGROSSED: Modifying tax exemptions for qualifying blood banks, tissue banks, and blood and tissue banks.) Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass as amended. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Pflug, Prentice, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
March 1, 2004
HJM 4039 Prime Sponsor, Representative Ericksen: Requesting Congress to consider Washington for magnetic levitation transportation funding. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Mulliken, Murray and Oke.
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.
MOTION
At 5:55 p.m., on motion of Senator Pflug, the Senate adjourned until 10:00 a.m., Tuesday, March 2, 2004.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, JR., Secretary of the Senate