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TWELFTH DAY
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NOON SESSION
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Senate Chamber, Olympia, Friday, January 24, 2003
The Senate was called to order at 12:00 noon by President Owen. No roll call was taken.
MOTION
On motion of Senator Sheahan, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
January 23, 2003
SB 5001 Prime Sponsor, Senator Zarelli: Revising the felony-murder statute. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline, Roach and Thibaudeau.
Passed to Committee on Rules for second reading.
January 22, 2003
SB 5044 Prime Sponsor, Senator Rasmussen: Giving notice of the termination of a tenancy. Reported by Committee on Government Operations and Elections
MAJORITY Recommendation: That Substitute Senate Bill No. 5044 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Fairley, Horn, Kastama, McCaslin and Reardon.
Passed to Committee on Rules for second reading.
January 22, 2003
SB 5254 Prime Sponsor, Senator Roach: Shifting the burden of proof in actions against rules. Reported by Committee on Government Operations and Elections
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Horn and McCaslin.
MINORITY Recommendation: Do not pass. Signed by Senators Fairley, Kastama and Reardon.
Referred to Committee on Ways and Means.
January 22, 2003
SB 5255 Prime Sponsor, Senator Roach: Limiting the rule-making authority of certain entities to those instances where there is a specific grant of legislative authority. Reported by Committee on Government Operations and Elections
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Horn, McCaslin and Reardon.
MINORITY Recommendation: Do not pass. Signed by Senators Fairley and Kastama.
Passed to Committee on Rules for second reading.
January 22, 2003
SB 5256 Prime Sponsor, Senator Roach: Revising rule-making procedures. Reported by Committee on Government Operations and Elections
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Horn and McCaslin.
MINORITY Recommendation: Do not pass. Signed by Senators Fairley, Kastama and Reardon.
Passed to Committee on Rules for second reading.
January 22, 2003
SB 5257 Prime Sponsor, Senator Roach: Requiring gubernatorial approval of all agency rules. Reported by Committee on Government Operations and Elections
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Horn and McCaslin.
MINORITY Recommendation: Do not pass. Signed by Senators Fairley, Kastama and Reardon.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Sheahan, Senate Bill No. 5254 was referred to the Committee on Ways and Means.
REPORT OF STANDING COMMITTEE
GUBERNATORIAL APPOINTMENT
January 23, 2003
GA 9079 ANTHONY MOLICA, appointed June 10, 2002, for a term ending at the Governor’s pleasure, as Director of the Washington State Lottery Commission.
Reported by Committee on Commerce and Trade
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.
Passed to Committee on Rules.
MESSAGES FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENTS
December 10, 2001
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
Fran Lewis, reappointed December10, 2001, for a term ending December 5, 2003, as a member of the Western State Hospital Advisory Board.
GARY LOCKE, Governor
Referred to Committee on Children and Family Services and Corrections.
December 11, 2002
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.
Rhona Sen Hoss, appointed December 11, 2002, for a term ending September 30, 2007 as a member of at the Board of Trustees for Clark Community College District No. 14.
GARY LOCKE, Governor
Referred to Committee on Higher Education.
INTRODUCTION AND FIRST READING
SB 5406 by Senators Deccio, Thibaudeau, Kline, Kohl-Welles, Winsley, Eide and McAuliffe (by request of Governor Locke)
AN ACT Relating to prescription drugs; adding a new section to chapter 74.09 RCW; adding new sections to chapter 41.05 RCW; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5407 by Senators Horn, Prentice, Honeyford and Benton
AN ACT Relating to franchise agreements between motorsports vehicle dealers and manufacturers; adding a new chapter to Title 46 RCW; and repealing RCW 46.94.001, 46.94.005, 46.94.010, 46.94.020, 46.94.030, 46.94.040, 46.94.050, 46.94.060, and 46.94.900.
Referred to Committee on Commerce and Trade.
SB 5408 by Senators Swecker and Fraser
AN ACT Relating to continuing education for land surveyors; and amending RCW 18.43.080.
Referred to Committee on Commerce and Trade.
SB 5409 by Senators Mulliken, T. Sheldon, Roach, Fairley, Schmidt, Kline, Swecker, Reardon, Deccio, Doumit, McCaslin, Parlette, Esser, Rasmussen and Shin
AN ACT Relating to providing a new direct petition annexation method; amending RCW 35.21.005 and 35A.01.040; adding new sections to chapter 35.13 RCW; adding new sections to chapter 35A.14 RCW; creating new sections; and declaring an emergency.
Referred to Committee on Land Use and Planning.
SB 5410 by Senators Stevens, Eide, Keiser, Brandland, Reardon, Roach, Prentice, Regala, Rasmussen, McCaslin, Benton, Winsley, T. Sheldon, Schmidt, Esser, Oke and Shin
AN ACT Relating to public information about registered sex offenders; and amending RCW 4.24.550.
Referred to Committee on Children and Family Services and Corrections.
SB 5411 by Senators Rasmussen, Hale, Brandland, Haugen, Reardon, Kline, Prentice, Regala, McCaslin, Carlson, Winsley and Schmidt
AN ACT Relating to nonpartisan sheriffs; amending RCW 29.18.010, 29.21.010, 29.21.015, 29.21.070, and 29.30.025; and adding a new section to chapter 36.28 RCW.
Referred to Committee on Government Operations and Elections.
SB 5412 by Senators Brandland, Kline, Winsley, Haugen, Prentice, Reardon, Rasmussen, Eide and McCaslin
AN ACT Relating to identity theft penalties and prevention; amending RCW 9.35.020 and 46.20.035; adding a new section to chapter 46.20 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Judiciary.
SB 5413 by Senators Benton, Prentice, Reardon, Doumit, Honeyford, Mulliken, Rossi, Zarelli, Finkbeiner, Shin, Esser and Kohl-Welles
AN ACT Relating to allowing out-of-state licensees to practice commercial real estate; amending RCW 18.85.010; and adding a new section to chapter 18.85 RCW.
Referred to Committee on Financial Services, Insurance and Housing.
SB 5414 by Senators Deccio, Thibaudeau, Winsley, McCaslin, Keiser, Swecker, T. Sheldon, Morton, Stevens, Brandland, Mulliken, Franklin, B. Sheldon, Regala, Fraser, Carlson, Kline, Parlette, Schmidt, McAuliffe, Oke, Rasmussen and Shin
AN ACT Relating to information on the fiscal and policy impact of state ballot measures; amending RCW 29.79.075 and 29.81.250; adding a new section to chapter 29.79 RCW; and creating a new section.
Referred to Committee on Government Operations and Elections.
SB 5415 by Senators Carlson, Spanel, Kohl-Welles and Shin (by request of State Board for Community and Technical Colleges)
AN ACT Relating to exceptional faculty award grants; and amending RCW 28B.50.839.
Referred to Committee on Higher Education.
SB 5416 by Senators McAuliffe, Eide, Kohl-Welles and Rasmussen
AN ACT Relating to the disposition of funds received from the rental or lease of school district real property; amending RCW 28A.335.060; and providing an effective date.
Referred to Committee on Education.
SB 5417 by Senators Reardon, Kastama, Schmidt, Eide, Esser, Benton and Shin
AN ACT Relating to performance audits; amending RCW 43.88.160; creating new sections; making an appropriation; and providing expiration dates.
Referred to Committee on Government Operations and Elections.
SB 5418 by Senators Sheahan, Johnson, T. Sheldon, Rossi, Reardon, Parlette, Schmidt, Shin, Horn, Haugen, Mulliken, Prentice, Stevens, Swecker, McCaslin, Benton, Roach, Winsley, Esser and Oke
AN ACT Relating to updating state law to conform to changes in federal estate tax; amending RCW 83.100.020; and creating a new section.
Referred to Committee on Ways and Means.
SB 5419 by Senators Deccio, Thibaudeau, Roach, Keiser, Kohl-Welles and McAuliffe
AN ACT Relating to hours of health care facility employees of the state; and amending RCW 49.28.130.
Referred to Committee on Health and Long-Term Care.
SB 5420 by Senators McAuliffe, Regala, Eide, Prentice, Franklin, B. Sheldon, Rasmussen, Kohl-Welles, Fairley, Fraser, Doumit, Shin, Jacobsen and Schmidt
AN ACT Relating to a special education teachers' conditional scholarship; and adding a new chapter to Title 28B RCW.
Referred to Committee on Higher Education.
SB 5421 by Senators B. Sheldon, Fraser, Thibaudeau, Kline, Kohl-Welles and Rasmussen
AN ACT Relating to newborn hearing screening; adding a new section to chapter 70.83 RCW; and creating a new section.
Referred to Committee on Health and Long-Term Care.
SB 5422 by Senators Benton, Prentice and Keiser (by request of Insurance Commissioner Kreidler)
AN ACT Relating to the sale of single premium credit insurance; and adding a new section to chapter 48.18 RCW.
Referred to Committee on Financial Services, Insurance and Housing.
SB 5423 by Senators Swecker, Kohl-Welles, Roach, Rasmussen, Mulliken, T. Sheldon and Oke
AN ACT Relating to the taxation of physical fitness services; amending RCW 82.04.050; creating a new section; and providing an effective date.
Referred to Committee on Ways and Means.
SB 5424 by Senators Rossi and Fairley (by request of Department of Revenue)
AN ACT Relating to modifying excise tax interest provisions; amending RCW 82.32.050 and 82.32.060; and providing an effective date.
Referred to Committee on Ways and Means.
SB 5425 by Senators Winsley, Prentice, Benton, Kohl-Welles, Carlson, B. Sheldon, Brown, Schmidt, Rossi, West and Sheahan (by request of Lieutenant Governor Owen)
AN ACT Relating to the total outstanding indebtedness of the higher education facilities authority; and amending RCW 28B.07.050.
Referred to Committee on Ways and Means.
SB 5426 by Senators Oke and Doumit
AN ACT Relating to the selling of commercially harvested fish; and amending RCW 77.65.510, 77.65.515, 77.65.520, and 36.71.090.
Referred to Committee on Parks, Fish and Wildlife.
SB 5427 by Senators Rossi, Benton, Hewitt, Zarelli, Johnson, Stevens, McCaslin, Morton, Hale, Mulliken, Parlette, Roach, Schmidt, Brandland, Sheahan, Esser and Oke
AN ACT Relating to the state expenditure limit; amending RCW 43.135.025; reenacting and amending RCW 43.135.035, 43.135.045, and 43.84.092; and repealing RCW 43.33A.220 and 43.135.051.
Referred to Committee on Ways and Means.
SB 5428 by Senators Finkbeiner, Haugen, Horn and Shin (by request of Department of Licensing)
AN ACT Relating to renewal of driver's licenses and identicards by alternative means; amending RCW 46.20.035, 46.20.117, 46.20.120, 46.20.155, and 46.25.080; reenacting and amending RCW 46.20.055 and 46.20.070; and adding a new section to chapter 46.04 RCW.
Referred to Committee on Highways and Transportation.
SB 5429 by Senators Mulliken, Prentice and Horn (by request of Department of Licensing)
AN ACT Relating to the Performance Registration Information Systems Management Program (PRISM); amending RCW 46.87.020 and 46.87.140; and adding new sections to chapter 46.87 RCW.
Referred to Committee on Highways and Transportation.
SB 5430 by Senators Swecker, Haugen, Horn, Schmidt and Esser (by request of Department of Licensing)
AN ACT Relating to verification that applicants for driver's licenses, permits, and identicards are lawfully within the United States; amending RCW 46.20.031, 46.20.117, 46.20.181, and 46.20.207; reenacting and amending RCW 46.20.055 and 46.20.070; adding new sections to chapter 46.20 RCW; and providing an effective date.
Referred to Committee on Highways and Transportation.
SB 5431 by Senators Oke, Prentice, Horn, Haugen and Rasmussen (by request of Department of Licensing)
AN ACT Relating to positive drug or alcohol test results of commercial motor vehicle operators; amending RCW 46.25.010, 46.25.123, and 46.25.125; and reenacting and amending RCW 46.25.090.
Referred to Committee on Highways and Transportation.
SB 5432 by Senators Roach, Kastama, Stevens and Fairley
AN ACT Relating to the sale of property by water-sewer districts; and amending RCW 57.08.016.
Referred to Committee on Government Operations and Elections.
SB 5433 by Senators Roach, Kastama, Stevens and Fairley
AN ACT Relating to water-sewer district bidding provisions; and amending RCW 57.08.050.
Referred to Committee on Government Operations and Elections.
SB 5434 by Senator Swecker
AN ACT Relating to electricians; and amending RCW 19.28.091.
Referred to Committee on Commerce and Trade.
SB 5435 by Senators Haugen, Horn and Benton
AN ACT Relating to special license plates; amending RCW 46.16.233 and 46.16.314; adding new sections to chapter 46.16 RCW; and creating new sections.
Referred to Committee on Highways and Transportation.
SB 5436 by Senators Kohl-Welles, Rasmussen, Jacobsen, Winsley, Thibaudeau, McAuliffe, Prentice and Kline
AN ACT Relating to the sales of competitive foods and beverages sold and served on public school campuses; adding a new section to chapter 28A.235 RCW; creating new sections; and providing an expiration date.
Referred to Committee on Education.
SB 5437 by Senators Benton, Schmidt, Zarelli, Shin, Carlson, Stevens and West
AN ACT Relating to appeals from decisions by the school district regional committee; amending RCW 28A.315.205; and creating a new section.
Referred to Committee on Education.
SB 5438 by Senators Benton, Carlson, West, Mulliken, Schmidt, Esser and Oke
AN ACT Relating to sales and use tax exemptions for new employment positions; adding a new section to chapter 82.08 RCW; and adding a new section to chapter 82.12 RCW.
Referred to Committee on Economic Development.
SB 5439 by Senator Jacobsen
AN ACT Relating to the taxation of nonresident athletes or entertainers; and adding a new section to chapter 82.02 RCW.
Referred to Committee on Ways and Means.
SB 5440 by Senators Jacobsen and Kline
AN ACT Relating to the state poet laureate; adding a new section to chapter 43.46 RCW; and creating a new section.
Referred to Committee on Government Operations and Elections.
SB 5441 by Senators Roach and Esser
AN ACT Relating to paper size of initiative and referendum petitions; and amending RCW 29.79.080.
Referred to Committee on Government Operations and Elections.
SB 5442 by Senators Roach, Oke and Rasmussen
AN ACT Relating to increasing penalties for manufacturing methamphetamine; amending RCW 69.50.406, 69.50.415, 9.94A.533, 9.94A.518, and 9.94A.610; reenacting and amending RCW 69.50.401, 9.94A.510, 9.94A.515, and 13.40.0357; prescribing penalties; providing an effective date; and providing an expiration date.
Referred to Committee on Judiciary.
SB 5443 by Senators Roach, Kastama and Schmidt
AN ACT Relating to absentee ballots; and amending RCW 29.36.220, 29.36.290, 29.36.310, and 29.36.350.
Referred to Committee on Government Operations and Elections.
SJM 8007 by Senators Fraser, Kohl-Welles, McCaslin, Franklin, Regala, Fairley, B. Sheldon, Kline, Winsley, Rasmussen, Haugen, Spanel, McAuliffe, Prentice, Brown, Thibaudeau, Jacobsen, Keiser and Eide
Urging adoption of a treaty fighting discrimination against women.
Referred to Committee on Judiciary.
MOTION
On motion of Senator Sheahan, Senate Bill No. 5414 was referred to the Committee on Government Operations and Elections.
MOTION
At 12:03 p.m., on motion of Senator Sheahan, the Senate adjourned until 12:00 noon, Monday, January 27, 2003.
BRAD OWEN, President of the Senate
MILTON H . DOUMIT, Jr., Secretary of the Senate