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EIGHTEENTH DAY

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NOON SESSION

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Senate Chamber, Olympia, Thursday, January 31, 2002

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

MOTION

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

MOTION

On motion of Senator Betti Sheldon, and pursuant to Rule 46, the Committee on Labor, Commerce and Financial Institutions was granted permission to meet during session.

EDITOR’S NOTE: Senate Rule 46 states: ‘No committee shall sit during the daily session of the senate unless by special leave.’

REPORTS OF STANDING COMMITTEES

January 29, 2002

SB 5694 Prime Sponsor, Senator Winsley: Establishing a certification program for mobile home park managers. Reported by Committee on Labor, Commerce and Financial Institutions

MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Rasmussen, Regala and Winsley.

MINORITY Recommendation: Do not pass. Signed by Senators Benton, Hochstatter and Honeyford.

Passed to Committee on Rules for second reading.

January 30, 2002

SB 6386 Prime Sponsor, Senator Eide: Providing for a simple majority of voters voting to authorize school district levies and bonds. Reported by Committee on Education

MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Carlson, Finkbeiner, Kastama, Kohl-Welles, Prentice, Rasmussen and Regala.

MINORITY Recommendation: Do not pass. Signed by Senators Hochstatter and Zarelli.

Referred to Committee on Ways and Means.

January 30, 2002

SB 6437 Prime Sponsor, Senator Gardner: Modifying county treasurer provisions. Reported by Committee on State and Local Government

MAJORITY Recommendation: Do pass. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Keiser, Kline, McCaslin, Roach, T. Sheldon and Swecker.

Passed to Committee on Rules for second reading.

January 30, 2002

SB 6456 Prime Sponsor, Senator McAuliffe: Authorizing the academic achievement and accountability commission to set performance improvement goals for certain disaggregated groups of students and dropout goals. Reported by Committee on Education

MAJORITY Recommendation: Do pass. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Carlson, Finkbeiner, Hewitt, Johnson, Kastama, Kohl-Welles, Prentice, Rasmussen, Regala and Zarelli.

Passed to Committee on Rules for second reading.

January 30, 2002

SB 6466 Prime Sponsor, Senator Gardner: Modifying county treasurer administration provisions. Reported by Committee on State and Local Government

MAJORITY Recommendation: Do pass. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Keiser, Kline, McCaslin, Roach, T. Sheldon and Swecker.

Passed to Committee on Rules for second reading.

January 30, 2002

SB 6470 Prime Sponsor, Senator Honeyford: Revising penalty provisions when land is removed from open space classification. Reported by Committee on Agriculture and International Trade

MAJORITY Recommendation: Do pass. Signed by Senators Rasmussen, Chair; Shin, Vice Chair; Parlette, Sheahan and Swecker.

Referred to Committee on Ways and Means.

January 29, 2002

SB 6491 Prime Sponsor, Senator Prentice: Changing provisions relating to criminal history background checks by state agencies. Reported by Committee on Labor, Commerce and Financial Institutions

MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Benton, Fairley, Franklin, Gardner, Hochstatter, Honeyford, Rasmussen, Regala and Winsley.

Passed to Committee on Rules for second reading.

January 30, 2002

SB 6508 Prime Sponsor, Senator Rasmussen: Registering pesticides. Reported by Committee on Agriculture and International Trade

MAJORITY Recommendation: Do pass. Signed by Senators Rasmussen, Chair; Shin, Vice Chair; Parlette, Sheahan, Snyder, Spanel and Swecker.

Passed to Committee on Rules for second reading.

January 30, 2002

SB 6529 Prime Sponsor, Senator Gardner: Modifying the time period for holding elections to fill vacancies. Reported by Committee on State and Local Government

MAJORITY Recommendation: Do pass. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Keiser, Kline, McCaslin, Roach, T. Sheldon and Swecker.

Passed to Committee on Rules for second reading.

January 29, 2002

SB 6539 Prime Sponsor, Senator T. Sheldon: Implementing the federal mobile telecommunications sourcing act. Reported by Committee on Economic Development and Telecommunications

MAJORITY Recommendation: Do pass as amended. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Finkbeiner, McCaslin, Rossi and Stevens.

Passed to Committee on Rules for second reading.

January 30, 2002

SB 6559 Prime Sponsor, Senator Fairley: Authorizing port districts to pay claims or other obligations by check or warrant. Reported by Committee on State and Local Government

MAJORITY Recommendation: Do pass. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Keiser, Kline, McCaslin, Roach, T. Sheldon and Swecker.

Passed to Committee on Rules for second reading.

January 29, 2002

SB 6663 Prime Sponsor, Senator Roach: Revising notification provisions for vehicle impoundments. Reported by Committee on Transportation

MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Benton, Eide, Johnson, McAuliffe, McDonald, Prentice and Shin.

Passed to Committee on Rules for second reading.

January 29, 2002

SJM 8007 Prime Sponsor, Senator Shin: Requesting a specific domain designation for internet pornography websites. Reported by Committee on Economic Development and Telecommunications

MAJORITY Recommendation: Do pass. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Finkbeiner, McCaslin, Rossi and Stevens.

Passed to Committee on Rules for second reading.

January 30, 2002

SJR 8224 Prime Sponsor, Senator Eide: Amending the Constitution to provide for a simple majority of voters voting to authorize school district levies. Reported by Committee on Education

MINORITY Recommendation: Do not pass. Signed by Senators Hochstatter and Zarelli.

Referred to Committee on Ways and Means.

MOTION

On motion of Senator Betti Sheldon, Senate Bill No. 6470 was referred to the Committee on Ways and Means.

REPORT FROM STATE AGENCY

OFFICE OF FINANCIAL MANAGEMENT

Insurance Building

P.O. Box 43113

Olympia, Washington 98504-3113

January, 2002

TO: Governor Locke

Senator Sid Snyder Senator James West

Senate Majority Leader Senate Minority Leader

Representative Frank Chopp Representative Clyde Ballard

Speaker of the House House Minority Leader

FROM: Marty Brown, Director

SUBJECT: Biennial Report on the Effects of ESHB 1010 Regulatory Reform

This report is required of the Office of Financial Management (OFM) by Engrossed Substitute House Bill No. 1010, the regulatory reform measure approved by the Legislature and signed into law in 1995.

The report summarizes the experience of state regulatory agencies in making rules under the significant legislative rule making provisions of the law during 2000 and 2001. In compiling the report, OFM asked agencies to consult with their clients, customers, and representatives of the regulated community in assessing their experience with the law. OFM has summarized their experience, and included the reports from individual agencies in the Appendix of this document.

If you require more detailed information about the effect of this law, please contact the agencies directly.

INTRODUCTION AND FIRST READING

SB 6742 by Senators Poulsen, Prentice, Fairley, McAuliffe, Thibaudeau, Kohl-Welles, Keiser and Jacobsen

AN ACT Relating to including access to family planning services in growth management planning; and amending RCW 36.70A.020.

Referred to Committee on State and Local Government.

SB 6743 by Senators Haugen and Oke

AN ACT Relating to commercial bottom trawling; and amending RCW 77.50.090.

Referred to Committee on Natural Resources, Parks and Shorelines.

SB 6744 by Senators Poulsen, Fairley, Brown, Regala, Fraser, Kohl-Welles and Kline

AN ACT Relating to greenhouse gas mitigation; amending RCW 80.50.010, 80.50.020, and 80.50.040; adding a new section to chapter 80.50 RCW; and declaring an emergency.

Referred to Committee on Environment, Energy and Water.

SB 6745 by Senators Haugen, Benton, Keiser, B. Sheldon, Poulsen, Winsley, Zarelli, Johnson, Gardner, Hewitt, Prentice, Finkbeiner, Horn, Regala, Rasmussen, Honeyford and Kline

AN ACT Relating to death certificates; and amending RCW 70.58.107.

Referred to Committee on State and Local Government.

SB 6746 by Senators Stevens, T. Sheldon, Finkbeiner, Rossi, Snyder, McCaslin and Hargrove

AN ACT Relating to use permits for telecommunications facilities on state lands; amending RCW 79.01.392; adding a new section to chapter 79.01 RCW; and creating a new section.

Referred to Committee on Economic Development and Telecommunications.

SB 6747 by Senators Prentice, Gardner, Keiser and Kline

AN ACT Relating to abusive mortgage lending; adding a new chapter to Title 61 RCW; and prescribing penalties.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6748 by Senators Kline, Oke, Swecker and Haugen

AN ACT Relating to procedures for vehicle registration transfers and impound; amending RCW 46.12.101, 46.12.102, 46.20.031, 46.20.289, 46.55.075, 46.55.085, 46.55.100, 46.55.105, 46.55.110, 46.55.130, 46.55.230, 46.63.030, and 46.63.110; and creating new sections.

Referred to Committee on Transportation.

SB 6749 by Senators West, Hale, Honeyford, Johnson, Hewitt, Zarelli, Gardner, Sheahan, Rasmussen, Prentice, Winsley, Fairley, Shin, Kastama, Swecker, Snyder and Rossi

AN ACT Relating to the burden of proof in actions asserting invalidity of agency rules; and amending RCW 34.05.570.

Referred to Committee on State and Local Government.

SB 6750 by Senators Jacobsen, Thibaudeau and Kline

AN ACT Relating to a deduction from the taxable income of health care providers that accept compensation in the form of capitation; adding a new section to chapter 82.04 RCW; creating a new section; and providing an effective date.

Referred to Committee on Ways and Means.

SB 6751 by Senators Horn and Costa

AN ACT Relating to the regulation of motorized foot scooters; amending RCW 46.04.332, 46.16.010, 46.20.500, 46.61.710, and 46.81A.010; and adding a new section to chapter 46.04 RCW.

Referred to Committee on Transportation.

SB 6752 by Senators Thibaudeau, Fraser and Hale

AN ACT Relating to unallowable costs under the nursing facility medicaid payment system; and amending RCW 74.46.410.

Referred to Committee on Health and Long-Term Care.

SB 6753 by Senator Roach

AN ACT Relating to home rule charter provisions; and adding a new section to chapter 36.01 RCW.

Referred to Committee on State and Local Government.

SJM 8037 by Senators West, Brown, Winsley, Sheahan and McAuliffe

Requesting that Congress modify IDEA to allow parent choice for assessment and treatment.

Referred to Committee on Health and Long-Term Care.

SCR 8428 by Senators Winsley and Regala

Modifying districts twenty-seven and twenty-eight in the plan for legislative redistricting.

HOLD.

MOTION

On motion of Senator Betti Sheldon, Senate Concurrent Resolution No. 8428 was held at the desk.

MOTION

On motion of Senator Sheahan, the following resolution was adopted:

SENATE RESOLUTION 8736

By Senators McAuliffe, Sheldon, B. and Rasmussen

WHEREAS, Catholic educators have been teaching in Washington since 1856, when the Sisters of Providence opened one of the first Catholic schools at Fort Vancouver, Washington; and

WHEREAS, Currently, ninety-one Catholic elementary and secondary schools in Washington provide a strong academic and religious education to more than 29,000 students; and

WHEREAS, The Reverend Stephen C. Rowan, Vicar for Education and Superintendent of Catholic Schools in Washington – in partnership with parents, principals, teachers and support staff – is committed to the development of faith and academic excellence; and

WHEREAS, Parents of children attending Catholic schools make sacrifices in order to send their children to a school that shares their religious beliefs; and

WHEREAS, The U.S. Department of Education has recognized several Catholic schools as “Schools of Excellence.” Among them, Our Lady of Lourdes School in Vancouver, Washington, which received a 2001 “Blue Ribbon” award for excellence in leadership, teaching, curriculum, student achievement and parental involvement; and

WHEREAS, The Legislature recognizes the commitment of the dedicated men and women who teach and administer these schools with faith and passion, and whose work has produced thousands of academically strong students who commit themselves to service; and

WHEREAS, During the week of January 27- February 3, 2002, some 8,200 Catholic schools nationwide will recognize their commitment to faith-based education with the theme “Catholic Schools 2002: Where Faith and Knowledge Meet;”

NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate recognize the Catholic schools of our state and honor their academic excellence and faith-based instruction during Catholic Schools Week; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Washington State Catholic Conference and the Catholic Schools Department of the Archdiocese of Seattle, Diocese of Yakima and Diocese of Spokane.

MOTION

At 12:05 p.m., on motion of Senator Sheahan, the Senate adjourned until 10:00 a.m., Friday, February 1, 2002.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate