THIRTIETH DAY

NOON SESSION

Senate Chamber, Olympia, Tuesday, February 8, 2005

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

 

MOTION

 

      On motion of Senator Eide, 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 7, 2005

SB 5002             Prime Sponsor, Regala: Marketing, offering, or selling camping resort contracts. Reported by Committee on Labor, Commerce, Research & Development

 

MAJORITY recommendation: That Substitute Senate Bill No. 5002 be substituted therefor, and the substitute bill do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Brown, Honeyford, Keiser, Parlette and Prentice

 

Passed to Committee on Rules for second reading.

 

February 7, 2005

SB 5013             Prime Sponsor, Honeyford: Authorizing RV logos on highway sign panels. Reported by Committee on Transportation

 

MAJORITY recommendation: That Substitute Senate Bill No. 5013 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Poulsen, Vice Chair; Benson, Eide, Esser, Kastama, Mulliken, Oke, Spanel and Swecker

 

Passed to Committee on Rules for second reading.

 

February 7, 2005

SB 5061             Prime Sponsor, Jacobsen: Studying the level of insurance coverage for periodontal disease. Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation: That Substitute Senate Bill No. 5061 be substituted therefor, and the substitute bill do pass. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Franklin, Kastama, Kline and Poulsen

 

MINORITY recommendation: Do not pass. Signed by Senators Benson, Brandland, Deccio, Johnson and Parlette

 

Passed to Committee on Rules for second reading.

 

February 7, 2005

SB 5115             Prime Sponsor, Shin: Regulating traffic signal preemption devices. Reported by Committee on Transportation

 

MAJORITY recommendation: That Substitute Senate Bill No. 5115 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Poulsen, Vice Chair; Benson, Eide, Esser, Kastama, Mulliken, Oke, Spanel and Swecker

 

Passed to Committee on Rules for second reading.


 

February 7, 2005

SB 5159             Prime Sponsor, Keiser: Developing a schedule of fees for performing independent reviews of health care disputes. Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Benson, Brandland, Deccio, Franklin, Johnson, Kastama, Kline, Parlette and Poulsen

 

Passed to Committee on Rules for second reading.

 

February 7, 2005

SB 5198             Prime Sponsor, Keiser: Implementing changes to medicare supplement insurance requirements as mandated by the medicare modernization act of 2003 and other federal requirements. Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Benson, Brandland, Deccio, Franklin, Johnson, Kastama, Kline, Parlette and Poulsen

 

Passed to Committee on Rules for second reading.

 

February 7, 2005

SB 5235             Prime Sponsor, Kohl-Welles: Requiring the department of labor and industries to set child labor law administration fees. Reported by Committee on Labor, Commerce, Research & Development

 

MAJORITY recommendation: That Substitute Senate Bill No. 5235 be substituted therefor, and the substitute bill do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Brown, Keiser and Prentice

 

MINORITY recommendation: Do not pass. Signed by Senators Honeyford and Parlette

 

Passed to Committee on Ways & Means.

 

February 7, 2005

SB 5238             Prime Sponsor, Kohl-Welles: Modifying the boilers and unfired pressure vessel law. Reported by Committee on Labor, Commerce, Research & Development

 

MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Brown, Honeyford, Keiser, Parlette and Prentice

 

Passed to Committee on Rules for second reading.

 

February 7, 2005

SB 5278             Prime Sponsor, Jacobsen: Establishing the ocean policy review commission. Reported by Committee on Natural Resources, Ocean & Recreation

 

MAJORITY recommendation: That Substitute Senate Bill No. 5278 be substituted therefor, and the substitute bill do pass. Signed by Senators Jacobsen, Chair; Doumit, Vice Chair; Fraser, Hargrove, Morton, Oke, Spanel, Stevens and Swecker

 

Passed to Committee on Ways & Means.

 

February 7, 2005

SB 5319             Prime Sponsor, Oke: Concerning animal trapping. Reported by Committee on Natural Resources, Ocean & Recreation

 

MAJORITY recommendation: Do pass. Signed by Senators Jacobsen, Chair; Doumit, Vice Chair; Hargrove, Morton, Oke, Spanel, Stevens and Swecker

 

Passed to Committee on Rules for second reading.

 

February 7, 2005

SB 5347             Prime Sponsor, Keiser: Requiring the department of social and health services to defend temporary managers in nursing homes. Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Benson, Brandland, Deccio, Franklin, Johnson, Kline, Parlette and Poulsen

 

Passed to Committee on Rules for second reading.

 

February 7, 2005

SB 5358             Prime Sponsor, Keiser: Regarding speech-language pathologists and audiologists. Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Benson, Brandland, Deccio, Franklin, Johnson, Kastama, Kline, Parlette and Poulsen

 

Passed to Committee on Rules for second reading.

 

February 7, 2005

SB 5364             Prime Sponsor, Kohl-Welles: Modifying provisions concerning the uniform regulation of business and professions. Reported by Committee on Labor, Commerce, Research & Development

 

MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Brown, Honeyford, Keiser, Parlette and Prentice

 

Passed to Committee on Rules for second reading.

 

February 7, 2005

SB 5382             Prime Sponsor, Jacobsen: Concerning the harassment of big game animals by dogs. Reported by Committee on Natural Resources, Ocean & Recreation

 

MAJORITY recommendation: Do pass. Signed by Senators Jacobsen, Chair; Doumit, Vice Chair; Fraser, Hargrove, Morton, Oke, Spanel, Stevens and Swecker

 

Passed to Committee on Rules for second reading.

 

February 7, 2005

SB 5389             Prime Sponsor, Kohl-Welles: Requiring the parks and recreation commission to have a record check performed on certain job applicants. Reported by Committee on Natural Resources, Ocean & Recreation

 

MAJORITY recommendation: That Substitute Senate Bill No. 5389 be substituted therefor, and the substitute bill do pass. Signed by Senators Jacobsen, Chair; Doumit, Vice Chair; Fraser, Morton, Oke, Spanel, Stevens and Swecker

 

Passed to Committee on Rules for second reading.

 

February 7, 2005

SB 5391             Prime Sponsor, Keiser: Offering a tricare supplemental insurance policy to certain public employees. Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Benson, Brandland, Deccio, Franklin, Johnson, Kastama, Kline, Parlette and Poulsen

 

Passed to Committee on Rules for second reading.

 

February 7, 2005

SB 5623             Prime Sponsor, Haugen: Clarifying that sales and use tax does not apply to certain regional transit authority service agreements. Reported by Committee on Transportation

 

MAJORITY recommendation: Without recommendation. Signed by Senators Haugen, Chair; Poulsen, Vice Chair; Benson, Eide, Esser, Oke and Swecker

 

Passed to Committee on Ways & Means.

 

MOTION

 

      On motion of Eide, all measures listed on the Standing Committee report were referred to the committees as designated with the exception of Senate Bill No. 5235 which was referred to the Committee on Ways & Means and Senate Bill No. 5061 which was referred to the Committee on Rules.

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the fourth order of business.

 

MESSAGE FROM THE HOUSE

 

February 7, 2005

MR. PRESIDENT:

The House has passed the following bill{s}:

      ENGROSSED HOUSE BILL NO. 1069,

      ENGROSSED HOUSE BILL NO. 1276,

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MOTION

 

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

 

INTRODUCTION AND FIRST READING

 

SB 5807             by Senators Roach, Keiser, Rasmussen and Kohl-Welles

 

AN ACT Relating to auto theft; reenacting and amending RCW 9.94A.505, 9.94A.515, and 13.40.160; adding new sections to chapter 36.28A RCW; and prescribing penalties.

 

Referred to Committee on Judiciary.

 

SB 5808             by Senators Poulsen, Honeyford, Morton, Rockefeller, Regala, Fraser and Rasmussen

 

AN ACT Relating to increasing the threshold for short board appeals before the shorelines and pollution control hearings boards to fifteen thousand dollars; and amending RCW 90.58.185 and 43.21B.305.

 

Referred to Committee on Water, Energy & Environment.

 

SB 5809             by Senators Fairley and Kohl-Welles

 

AN ACT Relating to jurisdiction of youth courts; and amending RCW 3.72.010 and 3.72.030.

 

Referred to Committee on Human Services & Corrections.

 

SB 5810             by Senator Fairley

 

AN ACT Relating to health studio services; and amending RCW 19.142.040.

 

Referred to Committee on Financial Institutions, Housing & Consumer Protection.

 

SB 5811             by Senators Kohl-Welles, Regala and Rasmussen

 

AN ACT Relating to encouraging the ethical transfer of technology for the economic benefit of the state; amending RCW 42.52.010, 42.52.030, 42.52.200, and 42.52.360; and adding a new section to chapter 42.52 RCW.

 

Referred to Committee on Labor, Commerce, Research & Development.

 

SB 5812             by Senator Keiser

 

AN ACT Relating to the nursing facility medicaid program trust account; adding a new section to chapter 74.46 RCW; and adding a new section to chapter 82.71 RCW.

 

Referred to Committee on Health & Long-Term Care.

 

SB 5813             by Senator Keiser

 

AN ACT Relating to the quality maintenance fee on nursing facility operators; amending RCW 82.71.010 and 74.46.091; creating a new section; and providing a contingent expiration date.

 

Referred to Committee on Health & Long-Term Care.

 

SB 5814             by Senators Prentice, Swecker, Rasmussen and Kohl-Welles

 

AN ACT Relating to adding additional tribes with whom the governor may contract with under RCW 43.06.460; and amending RCW 43.06.460.

 

Referred to Committee on Ways & Means.

 

SB 5815             by Senators Finkbeiner, Keiser and Kohl-Welles

 

AN ACT Relating to a person's right to have honored his or her decisions regarding health care; amending RCW 41.05.021 and 72.10.020; adding a new section to chapter 41.05 RCW; adding a new section to chapter 74.09 RCW; adding a new section to chapter 72.36 RCW; and adding a new section to chapter 51.04 RCW.

 

Referred to Committee on Health & Long-Term Care.

 

SB 5816             by Senators Doumit and Jacobsen

 

AN ACT Relating to contracting out the management of state trust lands; adding a new section to chapter 79.02 RCW; creating a new section; providing an effective date; and declaring an emergency.

 

Referred to Committee on Natural Resources, Ocean & Recreation.

 

SB 5817             by Senators Doumit and Jacobsen

 

AN ACT Relating to the state granted lands sales program; and adding a new chapter to Title 79 RCW.

 

Referred to Committee on Natural Resources, Ocean & Recreation.

 

SB 5818             by Senators Doumit and Jacobsen

 

AN ACT Relating to natural resources' agencies' law enforcement programs; and adding a new section to chapter 77.12 RCW.

 

Referred to Committee on Natural Resources, Ocean & Recreation.

 

SB 5819             by Senators Benton, Swecker, Zarelli, Delvin, Oke, Benson, Carrell and Mulliken

 

AN ACT Relating to property tax exemptions for churches and other religious organizations; amending RCW 84.36.020 and 84.36.030; and creating a new section.

 

Referred to Committee on Government Operations & Elections.

 

SB 5820             by Senators Swecker, Mulliken, Hargrove, Benton, Roach, Schmidt, Stevens and Benson

 

AN ACT Relating to requiring notification of breast cancer risks related to abortion; adding new sections to chapter 9.02 RCW; providing expiration dates; and declaring an emergency.

 

Referred to Committee on Health & Long-Term Care.

 

SB 5821             by Senators Mulliken, Hargrove, Benton, Swecker, Carrell, Schmidt, Roach, Honeyford, Stevens, Benson, Esser, Johnson and Oke

 

AN ACT Relating to requiring parental notification for abortion; adding a new section to chapter 9.02 RCW; prescribing penalties; and declaring an emergency.

 

Referred to Committee on Health & Long-Term Care.

 

SB 5822             by Senators Haugen, Swecker, Poulsen, Kastama, Spanel, Schmidt, Berkey, Schoesler, Hewitt, Esser, Mulliken and Jacobsen

 

AN ACT Relating to motorist information sign panels; amending RCW 47.36.310; and repealing RCW 47.36.325.

 

Referred to Committee on Transportation.

 

SB 5823             by Senators Kohl-Welles, Jacobsen and Kline

 

AN ACT Relating to requiring prompt payment of final wages; and amending RCW 49.48.010.

 

Referred to Committee on Labor, Commerce, Research & Development.

 

SB 5824             by Senators Shin, Swecker, Benton, Honeyford, Kohl-Welles, Rasmussen, Sheldon, Carrell, Mulliken, Benson, Schmidt, Esser, Hewitt and Johnson

 

AN ACT Relating to the taxation of physical fitness services; reenacting and amending RCW 82.04.050; creating a new section; and providing an effective date.

 

Referred to Committee on Ways & Means.

 

SB 5825             by Senators Parlette, Hewitt and Honeyford

 

AN ACT Relating to repealing authority to request increased compensation due to a change of circumstances; amending RCW 51.28.040; and declaring an emergency.

 

Referred to Committee on Labor, Commerce, Research & Development.

 

SB 5826             by Senators Hewitt, Parlette and Honeyford

 

AN ACT Relating to making cost-of-living adjustments to account for inflation in industrial insurance claims; amending RCW 51.32.050, 51.32.060, 51.32.072, 51.32.075, 51.32.080, 51.32.090, and 51.36.020; reenacting and amending RCW 51.32.090; adding a new section to chapter 51.08 RCW; providing effective dates; providing an expiration date; and declaring an emergency.

 

Referred to Committee on Labor, Commerce, Research & Development.

 

SB 5827             by Senators Schoesler, Fraser and Kohl-Welles

 

AN ACT Relating to capital projects lists for local nonprofit art, cultural, heritage, youth, and social service organizations; amending RCW 43.63A.125, 43.63A.750, 27.34.330, and 43.63A.135; repealing 1999 c 295 s 4 (uncodified); and providing expiration dates.

 

Referred to Committee on Ways & Means.

 

SB 5828             by Senators Eide, McAuliffe and Kohl-Welles

 

AN ACT Relating to digital or online learning; and adding a new section to chapter 28A.150 RCW.

 

Referred to Committee on Early Learning, K-12 & Higher Education.

 

SJM 8015           by Senators Berkey, Schmidt, Carrell, Mulliken, Rockefeller, Shin, Pridemore, Rasmussen, Kohl-Welles, Delvin, McAuliffe, Weinstein, Prentice, Fairley, Thibaudeau, Kline, Keiser and Roach


 

Petitioning the Transportation Commission to rename State Route 2 as the "Washington National Guard Highway."

 

Referred to Committee on Transportation.

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

HB 1024            by Representatives Kirby and Campbell

 

AN ACT Relating to requirements for issuing salary warrants for judges; and amending RCW 2.56.040.

 

Referred to Committee on Judiciary.

 

EHB 1069          by Representatives McIntire, Conway, Priest, Upthegrove, Kilmer, Moeller, Dickerson, Williams, Schual-Berke, Nixon, Springer, Sells, P. Sullivan, Green, Lovick, Kenney, Haigh, Wallace, Kagi, Simpson, Linville, Morris, Wood, Hunter, Lantz, Hudgins, Ericks, Darneille, Clibborn, Sommers, Morrell, Takko, O'Brien, Appleton, Hunt, Santos, Ormsby, Murray and Chase

 

AN ACT Relating to performance audits of tax preferences; adding new sections to chapter 43.136 RCW; and repealing RCW 43.136.010, 43.136.020, 43.136.030, 43.136.040, 43.136.050, and 43.136.070.

 

Referred to Committee on Ways & Means.

 

HB 1125            by Representatives Serben, Lantz, Priest, Shabro and Ahern

 

AN ACT Relating to trust and estate management; amending RCW 11.02.005, 11.12.110, 11.28.170, 11.40.020, 11.40.030, 11.40.051, 11.40.070, 11.42.020, 11.42.030, 11.42.070, 11.88.080, 11.94.010, 11.98.039, 21.35.005, and 22.28.030; and repealing RCW 11.04.270.

 

Referred to Committee on Judiciary.

 

HB 1139            by Representative Upthegrove

 

AN ACT Relating to attorneys serving as pro tempore judges, commissioners, and guardians ad litem; amending RCW 2.08.185; and creating a new section.

 

Referred to Committee on Judiciary.

 

HB 1183            by Representatives Williams and Serben

 

AN ACT Relating to renaming the commission on supreme court reports; and amending RCW 2.32.160.

 

Referred to Committee on Judiciary.

 

HB 1202            by Representatives Williams, Woods, Lantz, Hunt, Campbell, Appleton, McCune, Eickmeyer, Ormsby and Kilmer

 

AN ACT Relating to district court judges; amending RCW 3.34.010; and creating a new section.

 

Referred to Committee on Judiciary.

 

HB 1206            by Representative O'Brien

 

AN ACT Relating to repeal of obsolete or superseded laws; and repealing RCW 9.58.110, 9.58.120, 49.44.100, 67.14.020, 67.14.040, 67.14.050, 67.14.060, 67.14.070, 67.14.080, 67.14.090, 67.14.100, 67.14.110, 67.14.120, 70.54.060, and 70.54.065.

 

Referred to Committee on Judiciary.

 

EHB 1276          by Representatives Grant, Holmquist, Kessler, Upthegrove, Walsh, Linville, Nixon, Hinkle, Buri, Newhouse, Orcutt, Kristiansen, Campbell, Hankins, McDonald, Talcott, Bailey, Shabro, Skinner, Roach, Haigh, McCune, Kretz, Hunter, Moeller, Miloscia, Williams, O'Brien, Schindler, P. Sullivan, Blake, Anderson, Buck, Wallace, Chase, Condotta and Santos

 

AN ACT Relating to the governor's signature on significant legislative rules; and amending RCW 34.05.360.

 

Referred to Committee on Government Operations & Elections.

 

MOTION

 

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

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the eighth order of business.

 

MOTION

 

      Senator Honeyford moved adoption of the following resolution:

 

SENATE RESOLUTION

8613

 

By Senator Honeyford

 

      WHEREAS, There are more than 300 museums in Washington State; and

      WHEREAS, These museums preserve artistic, historical, and natural resources for us and future generations, provide access to a diverse and rich cultural heritage, and prompt us to expand our understanding of the world; and

      WHEREAS, These museums were created by their communities and continue to be nurtured by them; and

      WHEREAS, These museums contribute to the quality of life in their communities by bringing people together through shared cultural experiences, introducing new ideas, providing educational resources, contributing to the local economy, and offering entertainment for residents and visitors;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the State of Washington honor these museums on February 9, 2005, Museum Day in Washington State, in recognition of the role museums play in the historical, cultural, artistic, and economical life of the communities within our state.

      Senator Honeyford spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8613.

      The motion by Senator Honeyford carried and the resolution was adopted by voice vote.

 

MOTION

 


      At 12:04 p.m., on motion of Senator Eide, the Senate adjourned until 10:00 a.m. Wednesday, February 9, 2005.

 

BRAD OWEN, President of the Senate

 

THOMAS HOEMANN, Secretary of the Senate