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TWENTY-FIFTH DAY
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NOON SESSION
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Senate Chamber, Olympia, Thursday, February 6, 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
February 4, 2003
SB 5063 Prime Sponsor, Senator Doumit: Providing for elections for flood control zone district supervisors. Reported by Committee on Government Operations and Elections
MAJORITY Recommendation: That Substitute Senate Bill No. 5063 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Horn and McCaslin.
Passed to Committee on Rules for second reading.
February 5, 2003
SB 5165 Prime Sponsor, Senator Kohl-Welles: Regulating vehicular pursuit. Reported by Committee on Judiciary
MAJORITY Recommendation: That Substitute Senate Bill No. 5165 be substituted therefor, and the substitute bill 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.
February 5, 2003
SB 5206 Prime Sponsor, Senator Roach: Establishing crimes related to mail. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Haugen, Johnson and Roach.
Passed to Committee on Rules for second reading.
February 4, 2003
SB 5209 Prime Sponsor, Senator Deccio: Concerning actions for injury or damage against a health care provider based upon professional negligence. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That the bill be referred to the Committee on Judiciary without recommendation. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland and Parlette.
Referred to Committee on Judiciary.
February 4, 2003
SB 5254 Prime Sponsor, Senator Roach: Shifting the burden of proof in actions against rules. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Zarelli, Vice Chair; Hale, Honeyford, Johnson, Parlette, Roach and Sheahan.
MINORITY Recommendation: Do not pass. Signed by Senators Brown, Doumit, Fairley, Fraser, Regala and B. Sheldon.
Passed to Committee on Rules for second reading.
February 6, 2003
SB 5271 Prime Sponsor, Senator Honeyford: Regarding industrial insurance hearing loss claims. Reported by Committee on Commerce and Trade
MAJORITY Recommendation: Do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair and Mulliken.
MINORITY Recommendation: Do not pass. Signed by Senators Franklin and Keiser.
Passed to Committee on Rules for second reading.
February 4, 2003
SB 5327 Prime Sponsor, Senator Deccio: Clarifying the scope of practice of a dental hygienist. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That Substitute Senate Bill No. 5327 be substituted therefor, and the substitute bill do pass. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Franklin, Keiser, Parlette and Thibaudeau.
Passed to Committee on Rules for second reading.
February 6, 2003
SB 5378 Prime Sponsor, Senator Honeyford: Simplifying and adding certainty to the calculation of workers' compensation benefits. Reported by Committee on Commerce and Trade
MAJORITY Recommendation: That Substitute Senate Bill No. 5378 be substituted therefor, and the substitute bill do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; and Mulliken.
MINORITY Recommendation: Do not pass. Signed by Senators Franklin and Keiser.
Passed to Committee on Rules for second reading.
February 5, 2003
SB 5545 Prime Sponsor, Senator Esser: Using fees to develop and maintain a web-based vital records system. Reported by Committee on Judiciary.
MAJORITY Recommendation: That the bill be referred to the Committee on Technology and Communications without recommendation. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Haugen, Johnson, Kline, Roach and Thibaudeau.
Referred to Committee on Technology and Communications.
February 5, 2003
SB 5574 Prime Sponsor, Senator Finkbeiner: Clarifying district court jurisdiction over actions involving commercial electronic mail. Reported by Committee on Judiciary
MAJORITY Recommendation: That the bill be referred to the Committee on Technology and Communications without recommendation. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Haugen, Johnson, Kline, Roach and Thibaudeau.
Referred to Committee on Technology and Communications.
February 4, 2003
SJR 8207 Prime Sponsor, Senator Deccio: Allowing the legislature to limit noneconomic damages. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That the resolution be referred to the Committee on Judiciary without recommendation. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland and Parlette.
Referred to Committee on Judiciary
February 4, 2003
SJR 8210 Prime Sponsor, Senator Schmidt: Guaranteeing blanket primaries in the Constitution. Reported by Committee on Government Operations and Elections
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Fairley, Horn and McCaslin.
Passed to Committee on Rules for second reading.
MESSAGES FROM STATE OFFICES
STATE OF WASHINGTON
Department of Social and Health Services
Olympia, WA 98504-5000
January 24, 2003
Mr. Milt Doumit
Secretary of the Senate
PO Box 40482
Olympia, WA 98504-0482
Dear Mr. Doumit:
Enclosed is the department’s Report to the Legislature entitled “Chemical Dependency Disposition Alternative.” It is mandated under Chapter 338, Laws of 1997, Section 27, RCW 13.40.165 and 70.96A.520.
The report will be posted within the week at http://www1.dshs.wa.gov/legrel/reportsindex.htm for reviewing and printing as needed.
Please call Sjan Talbot at (360) 902-7952 if you have questions regarding the report.
Sincerely,
DENNIS BRADDOCK, Secretary
The Department of Social and Health Services Report on “Chemical Dependency Disposition Alternative” is on file in the Office of the Secretary of the Senate.
STATE OF WASHINGTON
Department of Social and Health Services
Olympia, WA 98504-5000
February 4, 2003
Mr. Milt Doumit
Secretary of the Senate
PO Box 40482
Olympia, WA 98504-0482
Dear Mr. Doumit:
Enclosed is the department’s Report to the Legislature entitled “Exceptional Care.” It is mandated under RCW 74.46.508.
The report will be posted within the week at hhttp://www1.dshs.wa.gov/legrel/reportsindex.htm for reviewing and printing as needed.
Please call Tom Kearns at (360) 725-2499 or Marlene Black at (360) 725-2529 if you have questions regarding the report.
Sincerely,
DENNIS BRADDOCK, Secretary
The Department of Social and Health Services Report on “Exceptional Care” is on file in the Office of the Secretary of the Senate.
MESSAGES FROM THE HOUSE
February 5, 2003
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1001, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
February 5, 2003
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5001, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5001.
INTRODUCTION AND FIRST READING
SB 5676 by Senators Carlson, Kohl-Welles, Mulliken, Shin and Schmidt (by request of Higher Education Coordinating Board)
AN ACT Relating to the educational opportunity grant program; and amending RCW 28B.101.005, 28B.101.010, 28B.101.020, and 28B.101.040.
Referred to Committee on Higher Education.
SB 5677 by Senators McAuliffe, Carlson, Parlette, Eide, Rasmussen, Regala, Schmidt, Kohl-Welles and Shin
AN ACT Relating to cooperation among education policy boards; amending RCW 28A.305.120, 28B.50.050, and 28B.80.420; and creating a new section.
Referred to Committee on Higher Education.
SB 5678 by Senators Honeyford and Hargrove
AN ACT Relating to economic development powers of cities, towns, and counties; amending RCW 35.21.703, 35.21.680, 36.01.085, and 36.32.410; and creating a new section.
Referred to Committee on Economic Development.
SB 5679 by Senators Deccio, B. Sheldon, Winsley and Fraser (by request of Department of General Administration)
AN ACT Relating to funding services within the department of general administration; amending RCW 43.19.565 and 43.19.615; reenacting and amending RCW 43.79A.040; adding a new section to chapter 43.19 RCW; creating a new section; and repealing RCW 43.19.605.
Referred to Committee on Ways and Means.
SB 5680 by Senators Mulliken, T. Sheldon and Morton
AN ACT Relating to development regulations review by counties with low population densities; and amending RCW 36.70A.130.
Referred to Committee on Land Use and Planning.
SB 5681 by Senators Sheahan, T. Sheldon, Honeyford, Hale and Mulliken
AN ACT Relating to minimum wages; amending RCW 49.46.010, 49.46.010, and 49.46.020; adding new sections to chapter 49.46 RCW; providing effective dates; and providing an expiration date.
Referred to Committee on Commerce and Trade.
SB 5682 by Senators Honeyford and Mulliken
AN ACT Relating to minimum wages for new employees; and adding a new section to chapter 49.46 RCW.
Referred to Committee on Commerce and Trade.
SB 5683 by Senators Honeyford, T. Sheldon and Mulliken
AN ACT Relating to state preemption of minimum wage laws; and adding a new section to chapter 49.46 RCW.
Referred to Committee on Commerce and Trade.
SB 5684 by Senators Honeyford, T. Sheldon and Mulliken
AN ACT Relating to minimum wages; amending RCW 49.46.010 and 49.46.010; providing effective dates; and providing an expiration date.
Referred to Committee on Commerce and Trade.
SB 5685 by Senators Honeyford, T. Sheldon and Mulliken
AN ACT Relating to nonemancipated minor minimum wages; and adding a new section to chapter 49.46 RCW.
Referred to Committee on Commerce and Trade.
SB 5686 by Senators Keiser, Prentice and McAuliffe
AN ACT Relating to workers' compensation benefits of inmates; amending RCW 72.09.111 and 51.32.040; and adding a new section to chapter 51.32 RCW.
Referred to Committee on Children and Family Services and Corrections.
SB 5687 by Senators Prentice, Honeyford, Shin and Rasmussen
AN ACT Relating to medical devices; and amending RCW 19.28.371.
Referred to Committee on Commerce and Trade.
SB 5688 by Senators Winsley, Fairley, McCaslin and Schmidt
AN ACT Relating to election costs; and amending RCW 29.13.047.
Referred to Committee on Government Operations and Elections.
SB 5689 by Senators Mulliken, Kline and Swecker
AN ACT Relating to annexation interlocal agreements in order to facilitate the transition between a county and a city; adding new sections to chapter 39.34 RCW; and creating a new section.
Referred to Committee on Land Use and Planning.
SB 5690 by Senators Rossi and Fairley
AN ACT Relating to the taxability of persons with limited connections to Washington; amending RCW 82.08.050 and 82.12.040; adding a new section to chapter 82.04 RCW; and creating a new section.
Referred to Committee on Technology and Communications.
SB 5691 by Senators Regala, Kohl-Welles, Carlson, Fairley, Kline and McAuliffe
AN ACT Relating to wetlands mitigation projects; amending RCW 90.82.070; adding a new section to chapter 90.74 RCW; and creating new sections.
Referred to Committee on Natural Resources, Energy and Water.
SB 5692 by Senators Carlson, Hargrove, Esser, Parlette, Kohl-Welles, McAuliffe and Rasmussen
AN ACT Relating to health and human services and information referral; adding a new chapter to Title 70 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Children and Family Services and Corrections.
SB 5693 by Senators Schmidt, Eide, Esser, Brandland, Horn, Shin and Rasmussen
AN ACT Relating to suspension of intermediate drivers' licenses; amending RCW 46.20.267 and 46.20.075; and reenacting and amending RCW 46.20.055.
Referred to Committee on Highways and Transportation.
SB 5694 by Senators Swecker, Jacobsen, Horn, Doumit, Haugen and Rasmussen
AN ACT Relating to an integrated permit system; creating new sections; and making an appropriation.
Referred to Committee on Economic Development.
SB 5695 by Senators Honeyford, Winsley, Mulliken, Johnson, T. Sheldon, Zarelli, Oke and Rasmussen
AN ACT Relating to declaring buildings used for criminal activity to be a nuisance; adding a new chapter to Title 7 RCW; and prescribing penalties.
Referred to Committee on Judiciary.
SB 5696 by Senators Honeyford, Prentice, Mulliken, Rasmussen, Deccio, Doumit and Parlette
AN ACT Relating to sheepherder housing; amending RCW 70.114A.020; and adding a new section to chapter 49.17 RCW.
Referred to Committee on Commerce and Trade.
SB 5697 by Senators Hewitt, T. Sheldon, Hale, Mulliken, Rasmussen, Parlette, Swecker, Oke, Deccio, Sheahan, Stevens, Honeyford and Morton
AN ACT Relating to modifying the inflationary adjustment to the minimum wage; amending RCW 49.46.010, 49.46.010, and 49.46.020; providing effective dates; and providing an expiration date.
Referred to Committee on Commerce and Trade.
SB 5698 by Senators Kline, Fraser, Keiser and Jacobsen
AN ACT Relating to citizen enforcement of health and environmental laws; adding a new chapter to Title 4 RCW; and prescribing penalties.
Referred to Committee on Judiciary.
SB 5699 by Senators Benton, Mulliken, Stevens, Swecker, Hewitt, Hale and Sheahan
AN ACT Relating to Washington state patrol surviving spouse and children benefits; and amending RCW 28B.15.380.
Referred to Committee on Ways and Means.
SB 5700 by Senators Benton, Swecker, Oke, Esser and Hewitt
AN ACT Relating to creating the tax-me-more account; adding a new section to chapter 82.32 RCW; and creating a new section.
Referred to Committee on Ways and Means.
SB 5701 by Senators Benton, Swecker, Schmidt, Mulliken, Esser, Zarelli, Hewitt, Stevens and Hale
AN ACT Relating to voter registration at driver licensing offices; and amending RCW 46.20.155.
Referred to Committee on Government Operations and Elections.
SB 5702 by Senators Benton, Finkbeiner, Esser, Mulliken, Swecker, Schmidt, Rossi, Johnson, Zarelli, McCaslin, Stevens and Horn
AN ACT Relating to transportation efficiency; amending RCW 47.01.021, 47.01.041, 43.17.020, 43.160.074, 36.57A.070, 36.79.010, 36.79.120, 36.79.130, 36.120.020, 47.64.011, 47.64.170, 47.80.060, 46.44.042, 46.44.080, 46.44.096, 46.44.090, 46.44.092, 46.61.450, 47.01.012, 35.58.2795, 47.56.070, 47.01.071, 47.01.250, 47.01.280, 47.05.021, 47.05.030, 47.05.035, 47.05.051, 47.06.030, 47.06.050, 47.12.242, 47.12.330, 47.24.010, 47.26.170, 47.26.440, 47.28.010, 47.28.170, 47.38.060, 47.56.120, 47.56.250, 47.52.133, 47.52.145, 47.52.210, 47.56.080, 47.02.120, 47.02.140, 47.10.843, 47.10.844, 47.12.200, 47.12.220, 47.17.132, 47.46.090, 47.46.120, 47.56.032, 47.56.030, 47.56.076, 47.56.110, 47.60.013, 47.60.150, 47.60.326, 47.60.330, 47.60.445, 47.60.800, 36.120.050, 41.06.380, 39.12.010, 39.12.015, 39.12.020, 47.60.120, 47.64.090, 43.17.200, 47.30.050, 46.61.165, and 47.52.025; reenacting and amending RCW 43.160.010; adding new sections to chapter 47.01 RCW; adding new sections to chapter 44.40 RCW; adding a new section to chapter 47.38 RCW; adding a new section to chapter 47.60 RCW; adding a new section to chapter 47.04 RCW; adding a new section to chapter 47.52 RCW; adding a new section to chapter 82.32 RCW; creating new sections; repealing RCW 47.01.051, 47.01.061, 47.76.200, 47.76.210, 47.76.220, 47.76.230, 47.76.240, 47.76.250, 47.76.270, 47.76.280, 47.76.290, 47.76.300, 47.76.310, 47.76.320, 47.76.330, 47.76.340, 47.76.350, 47.82.010, 47.82.020, 47.82.030, 47.82.040, 81.100.010, 81.100.020, 81.100.030, 81.100.040, 81.100.050, 81.100.060, 81.100.070, 81.100.080, 81.100.090, 81.100.100, and 46.68.080; and providing an effective date.
Referred to Committee on Highways and Transportation.
SB 5703 by Senators Hale, T. Sheldon, Zarelli, Shin and Oke
AN ACT Relating to business and occupation tax credits for eligible business projects; and amending RCW 82.62.010.
Referred to Committee on Economic Development.
SB 5704 by Senators Keiser, Fairley, Thibaudeau and Kohl-Welles
AN ACT Relating to premiums paid by businesses for the basic health plan; amending RCW 70.47.060; prescribing penalties; and providing an effective date.
Referred to Committee on Health and Long-Term Care.
SJM 8014 by Senators Honeyford, Franklin, Mulliken, Keiser and Hewitt
Requesting reconsideration of the Resource Justification Model.
Referred to Committee on Commerce and Trade.
SJR 8214 by Senators Jacobsen and Thibaudeau
Amending the Constitution to eliminate the powers of initiative and referendum.
Referred to Committee on Government Operations and Elections.
MOTIONS
On motion of Senator Sheahan, Senate Bill No. 5686 was referred to the Committee on Children and Family Services and Corrections.
On motion of Senator Sheahan, Senate Bill No. 5694 was referred to the Committee on Economic Development.
INTRODUCTION AND FIRST READING OF HOUSE BILL
ESHB 1001 by House Committee on Judiciary (originally sponsored by Representatives Lantz, Chase, Ruderman, Fromhold, Dickerson, Conway, Schindler, Veloria, O'Brien, Kenney, Campbell, Nixon and Darneille)
Revising voyeurism laws.
Referred to Committee on Judiciary.
MOTION
On motion of Senator Sheahan, the following resolution was adopted:
SENATE RESOLUTION 8616
By Senators Carlson and Zarelli
WHEREAS, Vancouver Naval Sea Cadet Charles Stauder, III, without regard for his own safety, responded quickly, heroically, and with great determination recently, in preventing and warding off tragedy during an overnight Sea Cadet drill; and
WHEREAS, Cadet Stauder, a twelve year old student at Discovery Middle School in Vancouver, discovered dense and very threatening smoke in the ship's galley; and
WHEREAS, A young man with fortitude and quick thinking skills far beyond his years, Cadet Stauder raced to alert damage-control personnel and then secured a fire extinguisher to put out the fire himself; and
WHEREAS, Cadet Stauder was awarded the Distinguished Service Ribbon for Heroism for his courageous and beneficent devotion both to his shipmates and to the highest, most honorable traditions of the United States Navy and the United States Naval Sea Cadet Corps; and
WHEREAS, This Vancouver hero, already a three year veteran as a junior Sea Cadet, will receive a well earned promotion to the Fort Vancouver Sea Cadet Senior Division when he attains his thirteenth birthday; and
WHEREAS, Cadet Stauder was warmly saluted by the Commanding Officer of the Fort Vancouver Division; and
WHEREAS, The leadership of the Sea Cadets emphasized that this young man's heroic response to a very dangerous situation was "in keeping with the highest traditions of the United States Navy and the United States Naval Sea Cadet Corps." Cadet Stauder's heroism certainly also brings "great credit upon himself, his family, and the Corps"; and
WHEREAS, Cadet Stauder said that when he is asked what the Sea Cadet Corps means to him, he will respond: "Respect"; and
WHEREAS, Naval Sea Cadets are young men and women between the ages of ten and a half years old and seventeen years old; and
WHEREAS, Cadet Stauder and his peers in the Sea Cadets learn about courage, self-reliance, confidence, patriotism, and other admirable qualities in their service in the Naval Sea Cadet organization;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington honor the spirit, the courage, and the mettle of Naval Sea Cadet Charles Stauder, III; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Naval Sea Cadet Charles Stauder, III and his family, to the Fort Vancouver Sea Cadet Division, and to Discovery Middle School.
MOTION
At 12:06 p.m., on motion of Senator Sheahan, the Senate adjourned until 12:00 noon, Friday, February 7, 2003.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, Jr., Secretary of the Senate