SEVENTY-THIRD DAY
MORNING SESSION
Senate Chamber, Olympia, Wednesday, March 25, 2009
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 Senators Fairley and Sheldon.
The Sergeant at Arms Color Guard consisting of Pages Paul Roth and Imani Kemp, presented the Colors. Reverend Tom Darling of Bellingham, Chaplain of the Washington Sate Chapter of the Veterans of Foreign Wars offered the prayer.
MOTION
On motion of Senator Eide, pursuant to Senate Rule 46, the Education Committee was granted special leave to meet during the floor session.
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
March 23, 2009
SB 5073 Prime Sponsor, Senator Zarelli: Improving budget transparency by consolidating accounts into the state general fund. Reported by Committee on Ways & Means
MAJORITY recommendation: That Substitute Senate Bill No. 5073 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Zarelli; Brandland; Carrell; Fairley; Hobbs; Honeyford; Keiser; Kohl-Welles; McDermott; Oemig; Parlette; Pflug; Regala and Rockefeller.
Passed to Committee on Rules for second reading.
March 23, 2009
SB 6082 Prime Sponsor, Senator Pridemore: Regarding forest fire protection assessment refunds. Reported by Committee on Ways & Means
MAJORITY recommendation: That Substitute Senate Bill No. 6082 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Fairley; Hobbs; Keiser; Kline; Kohl-Welles; McDermott; Murray; Pridemore; Regala and Rockefeller.
MINORITY recommendation: Do not pass. Signed by Senators Zarelli; Brandland; Hewitt; Honeyford and Schoesler.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Carrell; Parlette and Pflug.
Passed to Committee on Rules for second reading.
March 24, 2009
E2SHB 1007 Prime Sponsor, Committee on Capital Budget: Creating a sustainable energy trust. Reported by Committee on Environment, Water & Energy
MAJORITY recommendation: Do pass. Signed by Senators Rockefeller, Chair; Pridemore, Vice Chair; Honeyford; Fraser; Hatfield; Marr; Morton and Ranker.
MINORITY recommendation: Do not pass. Signed by Senators Delvin and Holmquist.
Passed to Committee on Rules for second reading.
March 24, 2009
SHB 1036 Prime Sponsor, Committee on Judiciary: Concerning the Washington code of military justice. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass as amended. Signed by Senators Fairley, Chair; Oemig, Vice Chair; McDermott; Pridemore and Swecker.
Passed to Committee on Rules for second reading.
March 24, 2009
HB 1048 Prime Sponsor, Representative Simpson: Repealing provisions addressing the sale, lease, or conveyance of municipal property in commercial areas to private parties for free public parking facilities in cities with populations over three hundred thousand. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; McDermott; Pridemore and Swecker.
Passed to Committee on Rules for second reading.
March 24, 2009
SHB 1067 Prime Sponsor, Committee on Judiciary: Creating the uniform limited partnership act. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Regala, Vice Chair; McCaslin; Carrell; Hargrove; Kohl-Welles and Tom.
Passed to Committee on Rules for second reading.
March 24, 2009
E2SHB 1078 Prime Sponsor, Committee on General Government Appropriations: Concerning exchange facilitators. Reported by Committee on Financial Institutions, Housing & Insurance
MAJORITY recommendation: Do pass. Signed by Senators Berkey, Chair; Hobbs, Vice Chair; Franklin; McDermott; Parlette and Schoesler.
Passed to Committee on Rules for second reading.
March 24, 2009
SHB 1103 Prime Sponsor, Committee on Judiciary: Concerning the estates of vulnerable adults. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended. Signed by Senators Kline, Chair; Regala, Vice Chair; McCaslin; Carrell; Hargrove; Kohl-Welles and Tom.
Passed to Committee on Rules for second reading.
March 24, 2009
HB 1137 Prime Sponsor, Representative Finn: Protecting landowners' investments in Christmas trees. Reported by Committee on Agriculture & Rural Economic Development
MAJORITY recommendation: Do pass as amended. Signed by Senators Hatfield, Chair; Ranker, Vice Chair; Schoesler; Becker; Haugen; Morton and Shin.
Passed to Committee on Rules for second reading.
March 24, 2009
HB 1158 Prime Sponsor, Representative Goodman: Allowing electronic signatures on juror questionnaires. (REVISED FOR PASSED LEGISLATURE: ) (REVISED FOR PASSED LEGISLATURE: Allowing electronic signatures on juror declarations. ) Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended. Signed by Senators Kline, Chair; Regala, Vice Chair; McCaslin; Carrell; Hargrove; Kohl-Welles and Tom.
Passed to Committee on Rules for second reading.
March 24, 2009
HB 1184 Prime Sponsor, Representative Chase: Extending the loan repayment period for municipally funded conservation projects. (REVISED FOR PASSED LEGISLATURE: Extending the loan repayment period for conservation projects funded by municipal utilities and public utility districts. ) Reported by Committee on Environment, Water & Energy
MAJORITY recommendation: Do pass as amended. Signed by Senators Rockefeller, Chair; Pridemore, Vice Chair; Honeyford; Delvin; Fraser; Hatfield; Holmquist; Marr; Morton and Ranker.
Passed to Committee on Rules for second reading.
March 24, 2009
SHB 1205 Prime Sponsor, Committee on Ways & Means: Adding one judge to division two of the court of appeals. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Regala, Vice Chair; McCaslin; Carrell; Hargrove; Kohl-Welles and Tom.
Passed to Committee on Rules for second reading.
March 24, 2009
E2SHB 1208 Prime Sponsor, Committee on Finance: Concerning property tax administration. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass as amended. Signed by Senators Fairley, Chair; Oemig, Vice Chair; McDermott; Pridemore and Swecker.
Passed to Committee on Rules for second reading.
March 23, 2009
SHB 1225 Prime Sponsor, Committee on Transportation: Clarifying the effect of special fuel taxes on publicly owned or operated urban passenger transportation systems. Reported by Committee on Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Haugen, Chair; Marr, Vice Chair; Swecker; Becker; Berkey; Delvin; Eide; Jarrett; Kastama; Kauffman; Kilmer; King; Ranker and Sheldon.
Passed to Committee on Rules for second reading.
March 24, 2009
SHB 1254 Prime Sponsor, Committee on Agriculture & Natural Resources: Creating the Washington grain commission. Reported by Committee on Agriculture & Rural Economic Development
MAJORITY recommendation: Do pass. Signed by Senators Hatfield, Chair; Ranker, Vice Chair; Schoesler; Becker; Haugen; Morton and Shin.
Passed to Committee on Rules for second reading.
March 24, 2009
HB 1295 Prime Sponsor, Representative Warnick: Annexing areas used for agricultural fairs. Reported by Committee on Agriculture & Rural Economic Development
MAJORITY recommendation: Do pass as amended. Signed by Senators Hatfield, Chair; Ranker, Vice Chair; Schoesler; Becker; Haugen; Morton and Shin.
Passed to Committee on Rules for second reading.
March 24, 2009
SHB 1328 Prime Sponsor, Committee on Higher Education: Allowing public technical colleges to offer degrees that prepare students to transfer to certain bachelor degree programs. Reported by Committee on Higher Education & Workforce Development
MAJORITY recommendation: Do pass. Signed by Senators Kilmer, Chair; Jarrett, Vice Chair; Becker; Hewitt; Jacobsen; Kastama; McAuliffe; Pflug; Shin and Stevens.
Passed to Committee on Rules for second reading.
March 24, 2009
2SHB 1355 Prime Sponsor, Committee on Ways & Means: Establishing the opportunity internship program for high school students. Reported by Committee on Higher Education & Workforce Development
MAJORITY recommendation: Do pass. Signed by Senators Kilmer, Chair; Jarrett, Vice Chair; Jacobsen; Kastama; McAuliffe and Shin.
MINORITY recommendation: Do not pass. Signed by Senator Stevens.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Becker; Hewitt and Pflug.
Passed to Committee on Ways & Means.
March 24, 2009
HB 1468 Prime Sponsor, Representative Sullivan: Requiring rural county library district boards in counties with populations of one million five hundred thousand or more to have seven appointed members. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; McDermott; Pridemore and Swecker.
Passed to Committee on Rules for second reading.
March 23, 2009
HB 1478 Prime Sponsor, Representative Orcutt: Addressing vehicle registrations for deployed military personnel. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators Haugen, Chair; Marr, Vice Chair; Swecker; Becker; Berkey; Delvin; Eide; Jarrett; Kastama; Kauffman; Kilmer; King; Ranker and Sheldon.
Passed to Committee on Rules for second reading.
March 24, 2009
2SHB 1522 Prime Sponsor, Committee on General Government Appropriations: Regarding repair and reuse of electronic products by registered collectors. Reported by Committee on Environment, Water & Energy
MAJORITY recommendation: Do pass. Signed by Senators Rockefeller, Chair; Pridemore, Vice Chair; Honeyford; Delvin; Fraser; Hatfield; Holmquist; Marr; Morton and Ranker.
Passed to Committee on Rules for second reading.
March 23, 2009
SHB 1529 Prime Sponsor, Committee on Health Care & Wellness: Concerning telemedicine. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Pflug; Becker; Fairley; Marr; Murray and Parlette.
Passed to Committee on Rules for second reading.
March 24, 2009
SHB 1572 Prime Sponsor, Committee on State Government & Tribal Affairs: Adopting all mail voting. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; McDermott; Pridemore and Swecker.
MINORITY recommendation: Do not pass. Signed by Senator Oemig, Vice Chair.
Passed to Committee on Rules for second reading.
March 24, 2009
SHB 1583 Prime Sponsor, Committee on Local Government & Housing: Modifying provisions relating to county auditors. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass as amended. Signed by Senators Fairley, Chair; Oemig, Vice Chair; McDermott; Pridemore and Swecker.
Passed to Committee on Rules for second reading.
March 24, 2009
SHB 1621 Prime Sponsor, Committee on Financial Institutions & Insurance: Regulating the business practices of consumer loan companies for compliance with the secure and fair enforcement for mortgage licensing act of 2008. Reported by Committee on Financial Institutions, Housing & Insurance
MAJORITY recommendation: Do pass. Signed by Senators Berkey, Chair; Hobbs, Vice Chair; Franklin; McDermott; Parlette and Schoesler.
Passed to Committee on Rules for second reading.
March 24, 2009
E2SHB 1747 Prime Sponsor, Committee on Ways & Means: Reducing climate pollution in the built environment. Reported by Committee on Environment, Water & Energy
MAJORITY recommendation: Do pass as amended. Signed by Senators Rockefeller, Chair; Pridemore, Vice Chair; Fraser; Hatfield; Holmquist; Marr and Ranker.
MINORITY recommendation: Do not pass. Signed by Senators Delvin and Morton.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Honeyford.
Passed to Committee on Ways & Means.
March 24, 2009
SHB 1749 Prime Sponsor, Committee on Financial Institutions & Insurance: Regulating the business practices of mortgage brokers for compliance with the secure and fair enforcement for mortgage licensing act of 2008. Reported by Committee on Financial Institutions, Housing & Insurance
MAJORITY recommendation: Do pass as amended. Signed by Senators Berkey, Chair; Hobbs, Vice Chair; Franklin; McDermott; Parlette and Schoesler.
Passed to Committee on Rules for second reading.
March 24, 2009
ESHB 1752 Prime Sponsor, Committee on State Government & Tribal Affairs: Regarding the observation of election procedures. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; McDermott; Pridemore and Swecker.
Passed to Committee on Rules for second reading.
March 24, 2009
EHB 1815 Prime Sponsor, Representative Sullivan: Concerning current use valuation under the property tax open space program. Reported by Committee on Agriculture & Rural Economic Development
MAJORITY recommendation: Do pass as amended. Signed by Senators Hatfield, Chair; Ranker, Vice Chair; Schoesler; Becker; Haugen; Morton and Shin.
Passed to Committee on Ways & Means.
March 24, 2009
ESHB 1847 Prime Sponsor, Committee on State Government & Tribal Affairs: Regarding bid limits. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; McDermott; Pridemore and Swecker.
Passed to Committee on Rules for second reading.
March 24, 2009
2SHB 1946 Prime Sponsor, Committee on Education Appropriations: Regarding higher education online technology. Reported by Committee on Higher Education & Workforce Development
MAJORITY recommendation: Do pass. Signed by Senators Kilmer, Chair; Jarrett, Vice Chair; Becker; Hewitt; Jacobsen; Kastama; McAuliffe; Pflug; Shin and Stevens.
Passed to Committee on Ways & Means.
March 24, 2009
SHB 1981 Prime Sponsor, Committee on Finance: Modifying the rural county tax credit provided in chapter 82.62 RCW. Reported by Committee on Agriculture & Rural Economic Development
MAJORITY recommendation: Do pass. Signed by Senators Hatfield, Chair; Ranker, Vice Chair; Schoesler; Becker; Haugen; Morton and Shin.
Passed to Committee on Ways & Means.
March 24, 2009
SHB 1984 Prime Sponsor, Committee on Ecology & Parks: Authorizing the use of a safe alternative refrigerant in motor vehicle air conditioning equipment. Reported by Committee on Environment, Water & Energy
MAJORITY recommendation: Do pass. Signed by Senators Rockefeller, Chair; Pridemore, Vice Chair; Honeyford; Delvin; Fraser; Hatfield; Holmquist; Morton and Ranker.
Passed to Committee on Rules for second reading.
March 23, 2009
SHB 2052 Prime Sponsor, Committee on Ways & Means: Delaying the implementation of the health insurance partnership. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Fairley; Hobbs; Keiser; Kline; Kohl-Welles; McDermott; Murray; Oemig; Regala and Rockefeller.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Zarelli; Carrell; Honeyford; Parlette; Pflug and Schoesler.
Passed to Committee on Rules for second reading.
March 24, 2009
SHB 2275 Prime Sponsor, Committee on Finance: Providing a sales and use tax exemption for the nonhighway use of propane by farmers. Reported by Committee on Agriculture & Rural Economic Development
MAJORITY recommendation: Do pass. Signed by Senators Hatfield, Chair; Ranker, Vice Chair; Schoesler; Becker; Haugen; Morton and Shin.
Passed to Committee on Ways & Means.
March 24, 2009
ESHB 2278 Prime Sponsor, Committee on Finance: Concerning the sales and use tax exemption for livestock nutrient management equipment and facilities. Reported by Committee on Agriculture & Rural Economic Development
MAJORITY recommendation: Do pass. Signed by Senators Hatfield, Chair; Ranker, Vice Chair; Schoesler; Becker; Haugen; Morton and Shin.
Passed to Committee on Ways & Means.
MOTION
On motion of Senator Eide, all measures listed on the Standing Committee report were referred to the committees as designated.
MOTION
On motion of Senator Eide, the Senate advanced to the third order of business.
GUBERNATORIAL APPOINTMENTS
March 24, 2009
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
RODGER E. SCHMITT, appointed March 6, 2009, for the term ending December 31, 2014, as Member of the Parks and Recreation Commission.
Sincerely,
CHRISTINE O. GREGOIRE, Governor
Referred to Committee on Natural Resources, Ocean & Recreation.
MOTION
On motion of Senator Eide, the appointee listed on the Gubernatorial Appointment report was referred to the committee as designated.
MOTION
On motion of Senator Eide, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
AN ACT Relating to taxation of little cigars; and amending RCW 82.26.010, 82.26.020, and 82.26.030.
Referred to Committee on Ways & Means.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
ESHB 2295 by House Committee on Health & Human Services Appropriations (originally sponsored by Representatives Cody, Williams, Seaquist and Darneille)
AN ACT Relating to the organization of the department of social and health services; amending RCW 43.20A.090 and 71.24.360; and adding a new section to chapter 43.20A RCW.
Referred to Committee on Human Services & Corrections.
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 Stevens moved adoption of the following resolution:
SENATE RESOLUTION
8605
By Senators Stevens, Becker, Holmquist, Parlette, Morton, McCaslin, Zarelli, Hewitt, Schoesler, Swecker, Carrell, Delvin, and Roach
WHEREAS, The state of Washington acknowledges Mr. Tom Darling for his honorable service as the National Chaplain for the Veterans of Foreign Wars, and Chaplain of Washington State; and
WHEREAS, Mr. Darling has provided encouragement and sacrificial care to the wartime veterans of this country and this state; and
WHEREAS, In the best traditions of the Department of Washington, the Legion of Honor Award was bestowed upon Mr. Darling for his service to veterans of all faiths; and
WHEREAS, The Veterans of Foreign Wars Post 1865 and the city of Kenosha, Wisconsin deemed it appropriate to commend Mr. Darling for his exemplary commitment to war veterans; and
WHEREAS, It is appropriate that Mr. Darling receive recognition for selflessly serving those who sacrifice on behalf of this great state and the United States;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby honor, thank, and acknowledge with distinction the service of Mr. Tom Darling as the National Chaplain to the Veterans of Foreign Wars; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Mr. Tom Darling.
Senators Stevens and Swecker spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8605.
The motion by Senator Stevens carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President again welcomed and introduced Reverend Tom Darling and wife Thelma Darling who were seated in the gallery.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the Veterans of Foreign Wars, Steve Stetson, VFW Commander; John Lee, Director, State Department of Veterans Affairs; Alfie Alvarado, Deputy Director, State Department of Veterans Affairs; Russ Treadwell, Veterans Administration; Doug Simpson, Vietnam Veteran and Keith Stevens, husband of Senator Stevens who were seated in the gallery.
PERSONAL PRIVILEGE
Senator Stevens: “I would like to offer for your consideration, on your desks we have handed out what the flag drape coffin really means and I know that we had that ceremony here in the Senate but I thought you might enjoy receiving a copy of exactly what it’s all about. So, for your enjoyment and your opportunity to know exactly what goes on when you see those coffins that are draped with the flag. This gives you that in writing so thank you Mr. President.”
MOMENT OF SILENCE
At the request of Senator Swecker, the President lead the senate in a moment of silence in memory of Donna Sorrell, former Legislative Assistant to Senator Swecker who passed away March 9, 2009.
MOTION
At 10:17 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.
The Senate was called to order at 11:47 a.m. by the President Pro Tempore.
MOTION
On motion of Senator Eide, the rules were suspended and the following measures were referred to the Committee on Rules and placed in the Rules X File:
Senate Joint Memorial No. 8008,
Senate Joint Memorial No. 8011,
The following bills shall be moved from the Rules White Sheet to the Rules X file:
Senate Joint Memorial No. 8007,
Senate Joint Memorial No. 8009,
Senate Joint Memorial No. 8010,
Floor Calendar Bills
To be Moved to the Rules X File
Senate Joint Memorial No. 8000,
Senate Joint Resolution No. 8208,
Senate Joint Resolution No. 8212,
Senate Concurrent Resolution No. 8406,
MOTION
At 11:49 a.m., on motion of Senator Eide, the Senate adjourned until 12:00 noon, Thursday, March 26, 2009.
BRAD OWEN, President of the Senate
THOMAS HOEMANN, Secretary of the Senate