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SIXTY-THIRD DAY
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AFTERNOON SESSION
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Senate Chamber, Olympia, Sunday, March 16, 2003
The Senate was called to order at 2:00 p.m. by President Pro Tempore Winsley. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Benton, Finkbeiner, McCaslin, Poulsen, Prentice and Reardon. On motion of Senator Hewitt, Senators Benton, Finkbeiner and McCaslin were excused. On motion of Senator Eide, Senators Poulson, Prentice and Reardon were excused.
The Sergeant at Arms Color Guard, consisting of Judi Best and Joe Van Buskirk, presented the Colors. Senator Bob Oke offered the prayer.
MOTION
On motion of Senator Sheahan, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
March 13, 2003
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1158,
SUBSTITUTE HOUSE BILL NO. 1455,
HOUSE BILL NO. 1531,
ENGROSSED HOUSE BILL NO. 1616,
SUBSTITUTE HOUSE BILL NO. 1755,
SUBSTITUTE HOUSE BILL NO. 1820,
SUBSTITUTE HOUSE BILL NO. 1840,
HOUSE BILL NO. 1847,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1852,
HOUSE BILL NO. 1860,
SECOND SUBSTITUTE HOUSE BILL NO. 1887,
SUBSTITUTE HOUSE BILL NO. 1931,
HOUSE BILL NO. 1937,
HOUSE BILL NO. 1952,
HOUSE BILL NO. 1967,
SUBSTITUTE HOUSE BILL NO. 1971,
HOUSE BILL NO. 1996,
SUBSTITUTE HOUSE BILL NO. 2039,
SUBSTITUTE HOUSE BILL NO. 2046,
HOUSE BILL NO. 2075, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 13, 2003
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1211,
SECOND SUBSTITUTE HOUSE BILL NO. 1234,
SUBSTITUTE HOUSE BILL NO. 1250,
SUBSTITUTE HOUSE BILL NO. 1346,
SUBSTITUTE HOUSE BILL NO. 1470,
HOUSE BILL NO. 1479,
SUBSTITUTE HOUSE BILL NO. 1609,
SUBSTITUTE BILL NO. 1622,
SUBSTITUTE HOUSE BILL NO. 1707,
HOUSE BILL NO. 1727, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 13, 2003
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1431,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1466,
SUBSTITUTE HOUSE BILL NO. 1702,
HOUSE BILL NO. 2113,
HOUSE BILL NO. 2122,
SECOND SUBSTITUTE HOUSE BILL NO. 2124,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2179, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 13, 2003
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1081,
SUBSTITUTE HOUSE BILL NO. 1093,
HOUSE BILL NO. 1199,
HOUSE BILL NO. 1205,
SUBSTITUTE HOUSE BILL NO. 1219,
SUBSTITUTE HOUSE BILL NO. 1390,
SUBSTITUTE HOUSE BILL NO. 1472,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1592,
ENGROSSED HOUSE BILL NO. 1717,
SUBSTITUTE HOUSE BILL NO. 1743,
HOUSE BILL NO. 1753,
SUBSTITUTE HOUSE BILL NO. 1854, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 13, 2003
MR. President:
The House has passed:
ENGROSSED HOUSE BILL NO. 1109,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1438,
SUBSTITUTE HOUSE BILL NO. 1532,
SUBSTITUTE HOUSE BILL NO. 1829,
HOUSE BILL NO. 1882,
HOUSE BILL NO. 2006,
SUBSTITUTE HOUSE BILL NO. 2007,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2021,
SUBSTITUTE HOUSE BILL NO. 2027,
HOUSE BILL NO. 2063,
ENGROSSED HOUSE BILL NO. 2064,
ENGROSSED HOUSE BILL NO. 2067,
HOUSE BILL NO. 2073,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2076,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2088,
SUBSTITUTE HOUSE BILL NO. 2090,
SUBSTITUTE HOUSE BILL NO. 2094,
HOUSE BILL NO. 2100,
SUBSTITUTE HOUSE BILL NO. 2111,
SUBSTITUTE HOUSE BILL NO. 2118,
HOUSE BILL NO. 2129,
SUBSTITUTE HOUSE BILL NO. 2132,
HOUSE BILL NO. 2183,
SUBSTITUTE HOUSE BILL NO. 2202,
HOUSE JOINT MEMORIAL NO. 4018, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 1081 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Hunter, Benson, Schual-Berke, Newhouse, Cooper, Roach and Simpson)
Providing funds to investigate and prosecute mortgage lending fraud.
Referred to Committee on Financial Services, Insurance and Housing.
SHB 1093 by House Committee on State Government (originally sponsored by Representatives Hatfield, Hankins, Morris and Blake)
Updating primary ballot rotation law.
Referred to Committee on Government Operations and Elections.
EHB 1109 by Representatives Clibborn, Newhouse, Benson, Wallace and Haigh
Providing wildland fire fighting training.
Referred to Committee on Government Operations and Elections.
ESHB 1158 by House Committee on State Government (originally sponsored by Representatives Miloscia, Shabro, Hunt, Haigh, McDermott, Tom and Kenney) (by request of Secretary of State Reed)
Enhancing voting systems certification.
Referred to Committee on Government Operations and Elections.
HB 1199 by Representatives Fromhold, Pflug, Simpson, Alexander, Cooper, Delvin, Conway, Bush, Anderson and Darneille (by request of Joint Committee on Pension Policy)
Allowing members of the teachers' retirement system plan 1 to use extended school years for calculation of their earnable compensation.
Referred to Committee on Ways and Means.
HB 1205 by Representatives Conway, Delvin, Simpson, Alexander, Cooper and Chase (by request of Joint Committee on Pension Policy)
Addressing the department of fish and wildlife law enforcement officers' membership in the law enforcement officers' and fire fighters' retirement system plan 2 for periods of future service.
Referred to Committee on Ways and Means.
SHB 1211 by House Committee on Commerce and Labor (originally sponsored by Representatives Conway, Chandler, Kenney, Wood, Hudgins, Cooper, Veloria, Schual-Berke, Lovick, Kirby, Dickerson, Upthegrove, McDermott, Rockefeller, Morrell, Murray, Simpson, Darneille, Chase, Cody and Ruderman)
Modifying accountability requirements under the public accountancy act.
Referred to Committee on Financial Services, Insurance and Housing.
SHB 1219 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Schual-Berke, Benson, Anderson, Upthegrove, Rockefeller and Simpson) (by request of Governor Locke)
Addressing violations connected with the offer, sale, or purchase of securities.
Referred to Committee on Financial Services, Insurance and Housing.
2SHB 1234 by House Committee on Appropriations (originally sponsored by Representatives Pettigrew, Veloria, McCoy, Conway and Chase)
Establishing an industry cluster-based approach to economic development.
Referred to Committee on Economic Development.
SHB 1250 by House Committee on Agriculture and Natural Resources (originally sponsored by Representatives Eickmeyer, Schoesler, Linville, Sump, Quall and Mielke) (by request of Commissioner of Public Lands Sutherland))
Determining annual rental rates for the lease of state-owned aquatic lands for qualifying marinas.
Referred to Committee on Natural Resources, Energy and Water.
SHB 1346 by House Committee on Judiciary (originally sponsored by Representatives Lovick, Cairnes, Rockefeller, Campbell, Moeller, Clibborn, Cooper, Flannigan, Simpson, Kagi, Pettigrew and Chase)
Changing provisions relating to vacation of records of conviction for pre-sentencing reform act felony offenses.
Referred to Committee on Judiciary.
SHB 1390 by House Committee on Local Government (originally sponsored by Representatives Moeller, Jarrett, Lovick, Fromhold, Veloria, Kessler, Pettigrew, Miloscia, McDermott, Dunshee, Upthegrove, DeBolt, Wallace, Wood, Sullivan, Schual-Berke, Kagi and Nixon)
Authorizing instant runoff voting.
Referred to Committee on Government Operations and Elections.
ESHB 1431 by House Committee on State Government (originally sponsored by Representatives McDermott, McMahan, Hunt, Kenney, Haigh, Rockefeller, Simpson, Alexander, Cody, Berkey and Linville) (by request of Secretary of State Reed)
Changing the primary to June.
Referred to Committee on Government Operations and Elections.
ESHB 1438 by House Committee on Transportation (originally sponsored by Representatives Sullivan, Jarrett, Upthegrove, Nixon, Schoesler, Crouse, Wood, Gombosky, Ruderman, Cooper, Linville, Rockefeller, Hudgins, McDermott and Wallace)
Providing incentives to reduce air pollution through the use of neighborhood electric vehicles.
Referred to Committee on Highways and Transportation.
SHB 1455 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Santos, Kenney, Benson, Schual-Berke, Quall, O'Brien, Cooper, Berkey, Dunshee, Haigh, Morris, Sullivan, Skinner, Miloscia, Veloria, Delvin, Hatfield, Simpson and Wallace) (by request of Department of Financial Institutions)
Licensing and regulating money transmission and currency exchange.
Referred to Committee on Financial Services, Insurance and Housing.
ESHB 1466 by House Committee on Education (originally sponsored by Representatives Quall, Tom, Haigh, Talcott, McDermott, Anderson, Linville, Rockefeller, Ericksen, Upthegrove, Jarrett, Dunshee, Nixon, Kessler, Ruderman, Eickmeyer, Cox, Lovick, Hunt, Grant, Woods, Wallace, Pflug, Kenney and Fromhold)
Promoting environmental, natural science, wildlife, forestry, and agricultural education.
Referred to Committee on Education.
SHB 1470 by House Committee on Education (originally sponsored by Representatives Cox, Haigh, Schoesler, Sump, Quall and Santos)
Expanding "residency" for purposes of attending Washington public schools.
Referred to Committee on Education.
SHB 1472 by House Committee on Judiciary (originally sponsored by Representatives Veloria, Skinner, Eickmeyer, McCoy, Miloscia, McDonald and Condotta)
Managing clean and sober housing.
Referred to Committee on Financial Services, Insurance and Housing.
HB 1479 by Representatives Sullivan, Ericksen, Rockefeller, Miloscia and Woods (by request of Department of Transportation)
Authorizing the ferry system to use alternative public works contracting procedures.
Referred to Committee on Highways and Transportation.
HB 1531 by Representatives Grant, Holmquist, Kessler, Buck, Linville, Haigh, Ruderman, Armstrong, O'Brien, Miloscia, Lovick, Newhouse, Morris, Gombosky, Hatfield, Chandler, Veloria, McMahan, Quall, Schindler, Blake, Shabro, Talcott, Clibborn, Schual-Berke, Bush, Schoesler, Upthegrove, Hinkle, Condotta, Skinner, Sehlin, Bailey, Woods, Kristiansen and Alexander
Requiring the governor's signature on significant legislative rules.
Referred to Committee on Government Operations and Elections.
SHB 1532 by House Committee on Health Care (originally sponsored by Representatives Quall, Cox, Schual-Berke, Kenney, Pflug, McDermott, Simpson, Hunt, Rockefeller and Kagi)
Prohibiting smoking in residence halls of schools, colleges, and universities.
Referred to Committee on Health and Long-Term Care.
ESHB 1592 by House Committee on Transportation (originally sponsored by Representatives Simpson and Ericksen)
Regulating special license plates.
Referred to Committee on Highways and Transportation.
SHB 1609 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives O'Brien and Buck) (by request of Sentencing Guidelines Commission)
Requiring a plan to establish pilot regional correctional facilities.
Referred to Committee on Children and Family Services and Corrections.
EHB 1616 by Representatives Dunshee and Schual-Berke
Allowing intermediate licensees under parental supervision to carry nonfamily members.
Referred to Committee on Highways and Transportation.
SHB 1622 by House Committee on State Government (originally sponsored by Representatives Morrell, Pflug, Cody, Skinner and Clibborn) (by request of Department of Social and Health Services)
Clarifying the definition of "research."
Referred to Committee on Health and Long-Term Care.
SHB 1702 by House Committee on Transportation (originally sponsored by Representatives Hatfield, Mielke, Romero, Armstrong, Cooper, Blake, Boldt, Orcutt, Santos, McCoy, Alexander, Schoesler, Chandler, Grant, Schindler and Condotta)
Recovering costs for motorist information signs.
Referred to Committee on Highways and Transportation.
SHB 1707 by House Committee on Local Government (originally sponsored by Representatives Jarrett, Simpson, Shabro, Sullivan, Moeller, Berkey, Schindler, Linville and Anderson)
Revising environmental review provisions to improve the development approval process and enhance economic development.
Referred to Committee on Land Use and Planning.
EHB 1717 by Representatives Cody and Campbell
Authorizing separate billing of tenants for water and wastewater services.
Referred to Committee on Financial Services, Insurance and Housing.
HB 1727 by Representatives O'Brien and Kirby
Providing that no fee may be charged for death certificates of sex offenders supplied to law enforcement agencies.
Referred to Committee on Children and Family Services and Corrections.
SHB 1743 by House Committee on Fisheries, Ecology and Parks (originally sponsored by Representatives Cooper, Upthegrove, Sump, Pearson and Anderson) (by request of Department of Ecology)
Reviewing the management and oversight of hazardous waste management facilities.
Referred to Committee on Natural Resources, Energy and Water.
HB 1753 by Representatives Cody, Pflug, Skinner, Clibborn, Morrell, Benson and Edwards (by request of Department of Social and Health Services and Department of Health)
Concerning nursing practices in community-based and in-home care.
Referred to Committee on Health and Long-Term Care.
SHB 1755 by House Committee on Local Government (originally sponsored by Representatives Kirby, Romero, Conway, Jarrett, Rockefeller and Morrell)
Creating alternative means for annexation of unincorporated islands of territory.
Referred to Committee on Land Use and Planning.
SHB 1820 by House Committee on Juvenile Justice and Family Law (originally sponsored by Representatives Pettigrew, Kagi, Santos and Kenney)
Changing provisions concerning youth shelter notification to parents about runaway youth.
Referred to Committee on Children and Family Services and Corrections.
SHB 1829 by House Committee on Appropriations (originally sponsored by Representatives Bailey, Sehlin, Talcott, Kristiansen, Clements, Tom, Pearson, McMahan, Benson, Woods and Pflug)
Regulating postretirement employment in the public employees' retirement system and the teachers' retirement system.
Referred to Committee on Ways and Means.
SHB 1840 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Clibborn, Jarrett, Rockefeller, O'Brien, Skinner, Hankins, Edwards, Nixon, Pettigrew, Sullivan, Hunt, Moeller, Schindler, Mielke, Kenney, Haigh, Linville, Lovick, Chase, Darneille and Tom)
Authorizing nonprofit corporations to participate in self-insurance risk pools.
Referred to Committee on Financial Services, Insurance and Housing.
HB 1847 by Representatives Hunter, Benson, Schual-Berke, Kenney, Moeller, Bush, Darneille, Morrell and Rockefeller
Allowing merchants to require additional identification when conducting credit and debit card sales.
Referred to Committee on Financial Services, Insurance and Housing.
ESHB 1852 by House Committee on Higher Education (originally sponsored by Representatives Schual-Berke, Conway, Cox, Cody, Kenney, Pflug, Clements, O'Brien, Chase, Morrell, Veloria and Skinner)
Facilitating collaboration among health care work force stakeholders to address the health care personnel shortage.
Referred to Committee on Health and Long-Term Care.
SHB 1854 by House Committee on Technology, Telecommunications and Energy (originally sponsored by Representatives Crouse, Sullivan, Delvin, Blake, Bush and Grant)
Allowing cities and public utility districts to purchase energy, including the capability to produce energy, from the agency.
Referred to Committee on Natural Resources, Energy and Water.
HB 1860 by Representatives O'Brien and Mielke (by request of Indeterminate Sentence Review Board)
Revising procedures for hearings concerning violations by sex offenders of postrelease conditions.
Referred to Committee on Children and Family Services and Corrections.
HB 1882 by Representatives Grant, Delvin, Miloscia, Jarrett and Upthegrove
Modifying local improvement district provisions.
Referred to Committee on Government Operations and Elections.
2SHB 1887 by House Committee on Appropriations (originally sponsored by Representatives Linville, Sump, Cooper, Buck and Hatfield)
Creating the commercial fisheries permit buyback account.
Referred to Committee on Parks, Fish and Wildlife.
SHB 1931 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Lantz, Hankins, Chase, Dunshee, Flannigan, Veloria and Haigh)
Regarding the training of law enforcement officers.
Referred to Committee on Judiciary.
HB 1937 by Representatives Murray, Holmquist, Romero and Hankins
Excluding power wheelchairs from motor vehicle regulation.
Referred to Committee on Highways and Transportation.
HB 1952 by Representatives Hatfield, Blake and Cooper
Designating highways of statewide significance.
Referred to Committee on Highways and Transportation.
HB 1967 by Representatives Haigh, Miloscia and Hunt (by request of Department of General Administration)
Allowing the state purchasing and material control director to receive electronic and web-based bids.
Referred to Committee on Government Operations and Elections.
SHB 1971 by House Committee on Children and Family Services (originally sponsored by Representatives Dickerson, Kagi, Pettigrew, Miloscia, Fromhold, Darneille, Shabro, Orcutt, Bailey, Schual-Berke and Kenney)
Establishing a deaf education task force.
Referred to Committee on Education.
HB 1996 by Representatives Morrell, McDonald and Kagi
Clarifying the eligibility for local funds of building operation and maintenance costs of housing projects eligible to receive housing trust funds.
Referred to Committee on Financial Services, Insurance and Housing.
HB 2006 by Representatives Schindler, Gombosky, Ahern, Sump, Wood, Jarrett, Crouse, Pearson, Clements, Ericksen and Moeller
Authorizing nuisance abatement powers of county governments.
Referred to Committee on Government Operations and Elections.
SHB 2007 by House Committee on Technology, Telecommunications and Energy (originally sponsored by Representatives Nixon, Ruderman, Bush, Dickerson and Hudgins)
Prohibiting unsolicited commercial text messages.
Referred to Committee on Technology and Communications.
ESHB 2021 by House Committee on Transportation (originally sponsored by Representatives Wallace, Boldt, Moeller, Upthegrove and Kenney)
Requiring disclosure of air bag status of a vehicle in private sales.
Referred to Committee on Highways and Transportation.
SHB 2027 by House Committee on Technology, Telecommunications and Energy (originally sponsored by Representatives Kirby, Delvin, Morris, DeBolt and Sullivan)
Regulating the sale of cigarettes.
Referred to Committee on Technology and Communications.
SHB 2039 by House Committee on Judiciary (originally sponsored by Representatives Fromhold, Carrell, Pettigrew, Cairnes, Lantz, Moeller, Newhouse, Armstrong, Grant, Quall, Woods, Roach, Hankins, Morris, Ericksen, Crouse, Condotta, Talcott, Holmquist, McMahan, Clements, Bailey, Clibborn, Kessler, Campbell, Hunter, Chandler, Gombosky, Schoesler, Ruderman, Miloscia, Kirby, Hinkle and Kenney)
Providing affirmative defenses for activities defined under RCW 4.16.300.
Referred to Committee on Judiciary.
SHB 2046 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Lantz, Kirby, O'Brien, Moeller and Santos)
Providing for law enforcement powers for interfering with a dog guide or service animal.
Referred to Committee on Judiciary.
HB 2063 by Representatives Kristiansen, Blake, Linville, Schoesler, Hatfield, Eickmeyer and Orcutt
Extending the expiration date for reporting requirements on timber purchases.
Referred to Committee on Natural Resources, Energy and Water.
EHB 2064 by Representatives Woods, Rockefeller, Bush, Lantz, Ahern, Hankins, Benson, Haigh, Sehlin, Morris, Bailey, Wood, Talcott, Ericksen, Edwards and Carrell
Studying methods of avoiding military base closure.
Referred to Committee on Government Operations and Elections.
EHB 2067 by Representatives Schoesler and Cox
Permitting withdrawals of public ground waters.
Referred to Committee on Natural Resources, Energy and Water.
HB 2073 by Representatives Schoesler, Romero and Cox
Disposing of local government records.
Referred to Committee on Government Operations and Elections.
HB 2075 by Representatives Romero, Cooper, Buck and Kenney
Studying recreational boating safety.
Referred to Committee on Parks, Fish and Wildlife.
ESHB 2076 by House Committee on Higher Education (originally sponsored by Representatives Kenney, Cox, Fromhold, Chase, Miloscia, Conway, Berkey, Upthegrove, Moeller, Wood and Schual-Berke)
Requiring a statewide strategic plan for higher education.
Referred to Committee on Higher Education.
ESHB 2088 by House Committee on Agriculture and Natural Resources (originally sponsored by Representatives Schoesler, Chandler and Linville)
Revising provisions relating to storm water rates and charges.
Referred to Committee on Natural Resources, Energy and Water.
SHB 2090 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Clements, Sump and Orcutt)
Prohibiting interference with search and rescue dogs.
Referred to Committee on Judiciary.
SHB 2094 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Holmquist, O'Brien, Hinkle, Darneille, Lovick and Ahern)
Allowing detention of persons at outdoor music venues for investigation of drug and alcohol violations.
Referred to Committee on Judiciary.
HB 2100 by Representatives Romero, Veloria and Wallace (by request of Washington State Patrol)
Adding an ex officio member to the building code council.
Referred to Committee on Government Operations and Elections.
SHB 2111 by House Committee on Higher Education (originally sponsored by Representatives Priest, Jarrett and Cox)
Exploring opportunities to create performance contracts between the state and institutions of higher education.
Referred to Committee on Higher Education.
HB 2113 by Representatives Morrell, Cox, Kenney, Fromhold, Jarrett, Chase, Priest, McCoy and Buck
Regarding refunds of federal financial aid to students who withdraw from institutions of higher education.
Referred to Committee on Higher Education.
SHB 2118 by House Committee on Commerce and Labor (originally sponsored by Representatives Newhouse and Sullivan)
Authorizing approved microbrewers to sell beer at farmers markets.
Referred to Committee on Commerce and Trade.
HB 2122 by Representatives Schual-Berke, Benson, Cody, Campbell and Kenney
Simplifying administrative procedures for state-purchased health care programs.
Referred to Committee on Health and Long-Term Care.
2SHB 2124 by House Committee on Appropriations (originally sponsored by Representatives Quall, Talcott, McDermott, Tom, Haigh, Cox, Rockefeller, Hunter, Santos, Edwards and Anderson)
Regarding high school graduation requirements.
Referred to Committee on Education.
HB 2129 by Representatives Sommers, Haigh, Anderson, Hunter, Tom, McDermott, Talcott and Nixon
Requiring agency reports to the legislature to be submitted electronically.
Referred to Committee on Government Operations and Elections.
SHB 2132 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Kenney, Schual-Berke, Santos and McDermott)
Securing public building or construction contracts.
Referred to Committee on Government Operations and Elections.
ESHB 2179 by House Committee on Judiciary (originally sponsored by Representatives Clibborn, Jarrett, Lantz, Lovick, Hunter, Rockefeller, Hudgins and Flannigan)
Clarifying district court provisions.
Referred to Committee on Judiciary.
HB 2183 by Representatives Ericksen and Romero
Adjusting the amount allowed for unbid sewer and water projects.
Referred to Committee on Government Operations and Elections.
SHB 2202 by House Committee on Commerce and Labor (originally sponsored by Representatives McDonald and Conway)
Providing for cosmetology apprenticeships.
Referred to Committee on Commerce and Trade.
HJM 4018 by Representatives Blake, Veloria and Kenney
Requesting Congress to enter trade agreements that are more fair to domestic agricultural businesses.
Referred to Committee on Agriculture.
MOTIONS
On motion of Senator Sheahan, Substitute House Bill No. 1622 was referred to the Committee on Health and Long-Term Care.
On motion of Senator Sheahan, Substitute House Bill No. 2027 was referred to the Committee on Technology and Communications.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Swecker, Gubernatorial Appointment No. 9065, Trudy Marcellay, as a member of the Board of Trustees for Centralia Community College District No. 12, was confirmed.
Senators Swecker and Carlson spoke to the confirmation of Trudy Marcellay as a member of the Board of Trustees for Centralia Community College.
APPOINTMENT OF TRUDY MARCELLAY
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Rasmussen, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.
Excused: Senators Benton, Finkbeiner, McCaslin, Poulsen, Prentice and Reardon - 6.
MOTION
On motion of Senator Parlette, Gubernatorial Appointment No. 9072, William J. McDowell, as a member of the Board of Trustees for Wenatchee Valley Community College District No. 15, was confirmed.
APPOINTMENT OF WILLIAM J. MCDOWELL
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.
Excused: Senators Benton, McCaslin, Poulsen and Reardon - 4.
SECOND READING
SENATE BILL NO. 5868, by Senators Brown, West, Sheahan and Kohl-Welles
Releasing driving abstracts of prospective volunteers.
MOTIONS
On motion of Senator Brown, Substitute Senate Bill No. 5868 was substituted for Senate Bill No. 5868 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Brown, the rules were suspended, Substitute Senate Bill No. 5868 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5868.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5868 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi,
Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Excused: Senators McCaslin, Poulsen and Reardon - 3.
SUBSTITUTE SENATE BILL NO. 5868, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Doumit, Senator McAuliffe was excused.
SECOND READING
SENATE BILL NO. 5190, by Senators Jacobsen, Horn, Haugen and Franklin
Strengthening laws against fuel tax evasion.
MOTIONS
On motion of Senator Jacobsen, Substitute Senate Bill No. 5190 was substituted for Senate Bill No. 5190 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5190 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5190.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5190 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.
Absent: Senator Deccio - 1.
Excused: Senators McAuliffe, McCaslin and Poulsen - 3.
SUBSTITUTE SENATE BILL NO. 5190, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5189, by Senators Benton, Swecker, Kohl-Welles, Shin, Stevens, Oke, Roach and Winsley
Exempting veterans of the Korean conflict from tuition increases.
MOTIONS
On motion of Senator Benton, Substitute Senate Bill No. 5189 was substituted for Senate Bill No. 5189 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Benton, the rules were suspended, Substitute Senate Bill No. 5189 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5189.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5189 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators McCaslin and Poulsen - 2.
SUBSTITUTE SENATE BILL NO. 5189, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5197, by Senators Swecker, Rasmussen, Jacobsen, Sheahan and Brandland (by request of Department of Agriculture)
Moving a web site address from statute to rule.
The bill was read the second time.
MOTION
On motion of Senator Swecker, the rules were suspended, Senate Bill No. 5197 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5197.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5197 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators McCaslin and Poulsen - 2.
SENATE BILL NO. 5197, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5204, by Senators Oke, Doumit, T. Sheldon, Jacobsen, Swecker, Kohl-Welles and Esser (by request of Department of Fish and Wildlife)
Providing opportunities for wildlife viewing.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 5204 was substituted for Senate Bill No. 5204 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 5204 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5204.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5204 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SUBSTITUTE SENATE BILL NO. 5204, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5351, by Senators Haugen, Swecker, Doumit, Morton, Rasmussen, Hargrove, Horn, Stevens, Spanel and Esser
Requiring state agencies to first apply land use mandates to state lands.
MOTIONS
On motion of Senator Mulliken, Senate Bill No. 5351 was substituted for Senate Bill No. 5351 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Mulliken, the rules were suspended, Substitute Senate Bill No. 5351 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5351.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5351 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 7; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 41.
Voting nay: Senators Fairley, Fraser, Keiser, Kohl-Welles, Prentice, Regala and Thibaudeau - 7
Excused: Senator Poulsen - 1.
SUBSTITUTE SENATE BILL NO. 5351, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5651, by Senators Hargrove, Mulliken and T. Sheldon
Authorizing land banks in certain counties with low population densities.
The bill was read the second time.
MOTION
On motion of Senator Mulliken, the rules were suspended, Senate Bill No. 5651 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5651.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5651 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SENATE BILL NO. 5651, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4005, by House Committee on Trade and Economic Development (originally sponsored by Representatives Morris, Anderson, Linville, Veloria, Skinner, Quall, Hunt, Cox, Miloscia, Ericksen, McDonald, Pearson, Sullivan and Hankins)
Supporting the Vancouver 2010 Olympic bid.
The joint memorial was read the second time.
MOTION
On motion of Senator Tim Sheldon, the rules were suspended, Substitute House Joint Memorial No. 4005 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Joint Memorial No. 4005.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Joint Memorial Bill No. 4005 and the joint memorial passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4005, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 5413, by Senators Benton, Prentice, Reardon, Doumit, Honeyford, Mulliken, Rossi, Zarelli, Finkbeiner, Shin, Esser and Kohl-Welles
Allowing out-of-state licensees to practice commercial real estate.
The bill was read the second time.
MOTION
On motion of Senator Benton, the rules were suspended, Senate Bill No. 5413 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5413.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5413 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SENATE BILL NO. 5413, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5428, by Senators Finkbeiner, Haugen, Horn and Shin (by request of Department of Licensing)
Allowing alternative means of renewing driver's licenses.
The bill was read the second time.
MOTION
On motion of Senator Horn, the rules were suspended, Senate Bill No. 5428 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5428.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5428 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 7; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West and Winsley - 41.
Voting nay: Senators Fraser, Hargrove, Kline, Roach, Spanel, Thibaudeau and Zarelli - 7.
Excused: Senator Poulsen - 1.
SENATE BILL NO. 5428, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5782, by Senators Horn and Haugen
Allowing release of bus drivers' driving abstracts to employers.
The bill was read the second time.
MOTION
On motion of Senator Horn, the rules were suspended, Senate Bill No. 5782 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5782.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5782 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SENATE BILL NO. 5782, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5783, by Senators Finkbeiner and Regala (by request of Department of Revenue)
Implementing the streamlined sales and use tax agreement.
The bill was read the second time.
MOTION
On motion of Senator Finkbeiner, the rules were suspended, Senate Bill No. 5783 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5783.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5783 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Voting nay: Senator Johnson - 1.
Excused: Senator Poulsen - 1.
SENATE BILL NO. 5783, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5898, by Senators Oke, Doumit, Esser, Jacobsen, Swecker, Fraser and Shin
Studying recreational boating safety.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Senate Bill No. 5898 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5898.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5898 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SENATE BILL NO. 5898, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5117, by Senators Eide and Kohl-Welles
Regulating the sale, distribution, and installation of air bags.
MOTIONS
On motion of Senator Eide, Substitute Senate Bill No. 5117 was substituted for Senate Bill No. 5117 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Eide, the rules were suspended, Substitute Senate Bill No. 5117 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5117.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5117 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Voting nay: Senator Morton - 1.
Excused: Senator Poulsen - 1.
SUBSTITUTE SENATE BILL NO. 5117, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5996, by Senators West, Brown, Kohl-Welles, T. Sheldon, Shin, Hale, Rossi, Fairley, Spanel, Franklin, Parlette, McAuliffe, Rasmussen and Winsley
Creating a committee to host the 2005 NCSL conference.
MOTIONS
On motion of Senator Tim Sheldon, Substitute Senate Bill No. 5996 was substituted for Senate Bill No. 5996 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Tim Sheldon, the rules were suspended, Substitute Senate Bill No. 5996 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Brown: “Senator West, Section three of the bill provides a presumption that public officials and staff are not violating the state ethics act by soliciting gifts, grants and donations to host ‘government conferences.’ What does the term ‘government conferences’ encompass?”
Senator West: “The genesis of ths legislation is the need for us to organize logistical support for the National Conference of State Legislator’s Annual Meeting to be held in Seattle in 2005. The term ‘government conferences’ should be understood in that context. It describes only those conferences in which the Washington State government is an official participant, such as NCSL, the American Legislative Exchange Council, the Council of State Governments, Pacific North West Economic Region, National Governor’s Association, National Association of Attorney Generals or other bone fide governmental group.”
Further debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5996.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5996 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SUBSTITUTE SENATE BILL NO. 5996, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5970, by Senator Hargrove
Requiring that the family law handbook be provided when a person applies for a marriage license.
The bill was read the second time.
MOTION
On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 5970 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5970.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5970 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senator Stevens - 1.
Excused: Senator Poulsen - 1.
SENATE BILL NO. 5970, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Eide, Senator Reardon was excused.
SECOND READING
SENATE BILL NO. 5994, by Senators Hewitt, Reardon, Honeyford, Haugen, Rossi, Hale, Mulliken and T. Sheldon
Removing suppliers and distributors of wine from the provisions of chapter 19.126 RCW.
The bill was read the second time.
MOTION
On motion of Senator Hewitt, the rules were suspended, Senate Bill No. 5994 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5994.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5994 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Poulsen and Reardon - 2.
SENATE BILL NO. 5994, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5273, by Senators Roach, Winsley, Kastama, Shin, Franklin, Rasmussen, Oke, Swecker, Schmidt, Reardon, West and McCaslin
Extending the use of veterans' scoring criteria in employment examinations.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5273 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5273.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5273 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Voting nay: Senator Fraser - 1.
Excused: Senators Poulsen and Reardon - 2.
SENATE BILL NO. 5273, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5859, by Senator Benton
Criminalizing interference with certain mining rights and activities.
MOTIONS
On motion of Senator Benton, Substitute Senate Bill No. 5859 was substituted for Senate Bill No. 5859 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Benton, the rules were suspended, Substitute Senate Bill No. 5859 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5859.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5859 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Poulsen and Reardon - 2.
SUBSTITUTE SENATE BILL NO. 5859, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5895, by Senators Rasmussen, Swecker, Shin and Sheahan
Increasing the apple commission from thirteen to fifteen members.
The bill was read the second time.
MOTION
On motion of Senator Swecker, the rules were suspended, Senate Bill No. 5895 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Eide: “Senator Swecker, are there any fees involved in this adding two more members to the Apple Commission?”
Senator Swecker: “Not to my knowledge. I don’t think it changed any of the fees at all.”
Senator Eide: “Okay, do they get like travel time? Is that something that the commission already has included in their budget?”
Senator Swecker: “Yes, it is already included. This is purely a shift in the number of representatives from each area, based primarily on a geographic shift in the industry itself.”
Senator Eide: “Thank you.”
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5895.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5895 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Poulsen and Reardon - 2.
SENATE BILL NO. 5895, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5270, by Senators Brandland, Kline, Roach, Kastama, Rasmussen, Johnson, Esser, McCaslin, Kohl-Welles and Winsley
Creating a law enforcement mobilization policy board and plan.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 5270 was substituted for Senate Bill No. 5270 and the substitute bill was placed on second reading and read the second time.
Senator McCaslin moved that the following striking amendment by Senator Brandland be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) Because of the possibility of a disaster of unprecedented size and destruction, including acts of domestic terrorism and civil unrest, that requires law enforcement response for the protection of persons or property and preservation of the peace, the need exists to ensure that the state is adequately prepared to respond to such an incident. There is a need to (a) establish a mechanism and a procedure to provide for reimbursement to law enforcement agencies that respond to help others in time of need, and to host law enforcement agencies that experience expenses beyond the resources of the agencies; and (b) generally to protect the public safety, peace, health, lives, and property of the people of Washington.
(2) It is hereby declared necessary to:
(a) Provide the policy and organizational structure for large-scale mobilization of law enforcement resources in the state, using the incident command system, through creation of the Washington state law enforcement mobilization plan;
(b) Confer upon the chief of the Washington state patrol the powers provided in this chapter;
(c) Provide a means for reimbursement to law enforcement jurisdictions that incur expenses when mobilized by the chief under the Washington state law enforcement mobilization plan; and
(d) Provide for reimbursement of the host law enforcement agency when it has:
(I) Exhausted all of its resources; and
(ii) Invoked its local mutual aid network and exhausted those resources.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agency" means any general purpose law enforcement agency as defined in RCW 10.93.020.
(2) "Board" means the state law enforcement mobilization policy board.
(3) "Chief" means the chief of the Washington state patrol.
(4) "Chief law enforcement officer" means the chief of police or sheriff responsible for law enforcement services in the jurisdiction in which the emergency is occurring.
(5) "General authority Washington peace officer" means a general authority Washington peace officer as defined in RCW 10.93.020.
(6) "Host agency" means the law enforcement agency that requests statewide mobilization under sections 2 through 7 of this act.
(7) "Mobilization" means a redistribution of regional and statewide law enforcement resources in response to an emergency or disaster situation.
(8) "Mutual aid" means emergency interagency assistance provided without compensation pursuant to an agreement under chapter 39.34 RCW.
(9) "Resource coordination" means the effort to locate and arrange for the delivery of resources needed by chief law enforcement officers.
(10) "State law enforcement resource coordinator" means a designated individual or agency selected by the chief to perform the responsibilities of that position.
NEW SECTION. Sec. 3. (1) The state law enforcement mobilization policy board shall be established by the chief and shall have representatives from each of the regions established in section 6 of this act. In carrying out its duty, the board shall consult with and solicit recommendations from representatives of the state and local law enforcement and emergency management organizations, and regional law enforcement mobilization committees.
(2) The board shall establish and make recommendations to the chief on the refinement and maintenance of the Washington state law enforcement mobilization plan, including the procedures to be used during an emergency or disaster response requiring coordination of local, regional, and state law enforcement resources.
(3) The chief shall review the Washington state law enforcement mobilization plan, as submitted by the board, recommend changes as necessary, and may approve the plan. The plan shall be consistent with the Washington state comprehensive emergency management plan. The chief may recommend the plan for inclusion within the state comprehensive emergency management plan established under chapter 38.52 RCW.
NEW SECTION. Sec. 4. (1) Local law enforcement may request mobilization only in response to an emergency or disaster exceeding the capabilities of available local resources and those available through existing mutual aid agreements. Upon finding that the local jurisdiction has exhausted all available resources, it is the responsibility of the chief to determine whether mobilization is the appropriate response to the emergency or disaster and, if so, to mobilize jurisdictions under the Washington state law enforcement mobilization plan.
(2) Upon mobilization, the chief shall appoint a state law enforcement resource coordinator, and an alternate, who shall serve jointly with the chief law enforcement officer from the host agency to command the mobilization effort consistent with incident command system procedures.
(3) Upon mobilization, all law enforcement resources including those of the host agency and those that responded earlier under an existing mutual aid or other agreement shall be mobilized. Mobilization may include the redistribution of regional or statewide law enforcement resources to either direct emergency incident assignments or to assignments in communities where law enforcement resources are needed.
(4) For the duration of the mobilization:
(a) Host agency resources shall become state law enforcement mobilization resources, under the command of the state law enforcement resource coordinator and the chief law enforcement officer from the host agency, consistent with the state law enforcement mobilization plan and incident command system procedures; and
(b) All law enforcement authorities providing resources in response to a mobilization declaration shall be eligible for expense reimbursement as provided by this chapter.
(5) The chief, in consultation with the regional law enforcement resource coordinator, shall determine when mobilization is no longer required and shall then declare the end to the mobilization.
NEW SECTION. Sec. 5. (1) The state law enforcement resource coordinator, or alternate, shall serve in that capacity for the duration of the mobilization.
(2) The duties of the coordinator are to:
(a) Coordinate the mobilization of law enforcement and other support resources within a region;
(b) Be primarily responsible for the coordination of resources in conjunction with the regional law enforcement mobilization committees, in the case of incidents involving more than one region or when resources from more than one region must be mobilized; and
(c) Advise and consult with the chief regarding what resources are required in response to the emergency or disaster and in regard to when the mobilization should end.
NEW SECTION. Sec. 6. (1) Regions within the state are initially established as follows and may be adjusted as necessary by the state law enforcement policy board, but should remain consistent with the Washington state fire defense regions:
(a) Central region - Grays Harbor, Thurston, Pacific, and Lewis counties;
(b) Lower Columbia region - Kittitas, Yakima, and Klickitat counties;
(c) Mid-Columbia region - Chelan, Douglas, and Grant counties;
(d) Northeast region - Okanogan, Ferry, Stevens, Pend Oreille, Spokane, Adams, and Lincoln counties;
(e) Northwest region - Whatcom, Skagit, Snohomish, San Juan, and Island counties;
(f) Olympic region - Clallam and Jefferson counties;
(g) South Puget Sound region - Kitsap, Mason, King, and Pierce counties;
(h) Southeast region - Benton, Franklin, Walla Walla, Columbia, Whitman, Garfield, and Asotin counties;
(I) Southwest region - Wahkiakum, Cowlitz, Clark, and Skamania counties.
(2) Within each of the regions there is created a regional law enforcement mobilization committee. The committees shall consist of the sheriff of each county in the region, the district commander of the Washington state patrol from the region, a number of police chiefs within the region equivalent to the number of counties within the region plus one, and the director of the counties' emergency management office. The police chief members of each regional committee must include the chiefs of police of each city of ninety-five thousand or more population, and the number of members of the committee shall be increased if necessary to accommodate such chiefs. Members of each regional mobilization committee shall select a chair, who shall have authority to implement the regional plan, and a secretary as officers. Members serving on the regional mobilization committees shall not be eligible for reimbursement for meeting-related expenses from the state.
(3) The regional mobilization committees shall work with the relevant local government entities to facilitate development of intergovernmental agreements if any such agreements are required to implement a regional law enforcement mobilization plan.
(4) Regional mobilization committees shall develop regional law enforcement mobilization plans that include provisions for organized law enforcement agencies to respond across municipal, county, or regional boundaries. Each regional mobilization plan shall be consistent with the incident command system, the Washington state law enforcement mobilization plan, and regional response plans adopted prior to the effective date of this act.
(5) Each regional plan, adopted under subsection (4) of this section shall be approved by the state law enforcement mobilization policy board before implementation.
NEW SECTION. Sec. 7. The state patrol in consultation with the Washington association of sheriffs and police chiefs and the office of financial management shall develop procedures to facilitate reimbursement to jurisdictions from funds appropriated specifically for this purpose when jurisdictions are mobilized under the Washington state law enforcement mobilization plan.
Nothing in this chapter shall be construed or interpreted to limit the eligibility of any nonhost law enforcement authority for reimbursement of expenses incurred in providing law enforcement resources for mobilization.
NEW SECTION. Sec. 8. Sections 2 through 7 of this act are each added to chapter 36.28A RCW."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senator Brandland to Substitute Senate Bill No. 5270.
The motion by Senator McCaslin carried and the striking amendment by Senator Brandland was adopted.
MOTIONS
On motion of Senator McCaslin, the following title amendment was adopted:
On page 1, line 1 of the title, after "mobilization;" strike the remainder of the title and insert "adding new sections to chapter 36.28A RCW; and creating a new section."
On motion of Senator McCaslin, the rules were suspended, Engrossed Substitute Senate Bill No. 5270 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5270.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5270 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5270, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Schmidt, Senator Hewitt was excused.
SECOND READING
SENATE BILL NO. 5477, by Senators Shin, Winsley and Schmidt
Requiring the delivery of endorsements by recording officers.
The bill was read the second time.
MOTION
On motion of Senator Shin, the rules were suspended, Senate Bill No. 5477 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5477.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5477 and the bill passed the Senate by the following vote: Yeas 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Hewitt and Poulsen - 2.
SENATE BILL NO. 5477, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5193, by Senators Benton, Prentice, Winsley, Horn, Franklin, Kohl-Welles, Oke and Kline (by request of Insurance Commissioner Kreidler)
Prohibiting insurers from canceling, denying, or refusing to renew property insurance policies due to claims made for malicious harassment.
MOTIONS
On motion of Senator Benton, Substitute Senate Bill No. 5193 was substituted for Senate Bill No. 5193 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Benton, the rules were suspended, Substitute Senate Bill No. 5193 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5193.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5193 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SUBSTITUTE SENATE BILL NO. 5193, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5861, by Senators Roach, Rasmussen, T. Sheldon, Finkbeiner, Kohl-Welles, Oke, Schmidt and Shin
Making it a crime to impersonate a veteran of the armed forces.
MOTIONS
On motion of Senator Sheahan, Substitute Senate Bill No. 5861 was substituted for Senate Bill No. 5861 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 5861 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5861.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5861 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SUBSTITUTE SENATE BILL NO. 5861, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5758, by Senators Stevens, Hargrove and Kline
Reorganizing criminal statutes within the RCW.
The bill was read the second time.
MOTION
On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 5758 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5758.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5758 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SENATE BILL NO. 5758, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Keiser, Senator Eide was excused.
SECOND READING
SENATE BILL NO. 5051, by Senator Jacobsen
Removing the sale of strong beer from the exclusive jurisdiction of the liquor control board.
MOTIONS
On motion of Senator Jacobsen, Substitute Senate Bill No. 5051 was substituted for Senate Bill No. 5051 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5051 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5051.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5051 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Voting nay: Senators Hargrove, Kohl-Welles and Prentice - 3.
Excused: Senators Eide and Poulsen - 2.
SUBSTITUTE SENATE BILL NO. 5051, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5473, by Senators Regala, B. Sheldon, Johnson, Kohl-Welles, Winsley and Rasmussen
Requiring the criminal justice training commission to train officers on interacting with developmentally disabled and mentally ill persons.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 5473 was substituted for Senate Bill No. 5473 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5473 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5473.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5473 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SUBSTITUTE SENATE BILL NO. 5473, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5708, by Senators Franklin, Esser, Haugen, Thibaudeau, Kline and Kohl-Welles
Providing a procedure for court-ordered contact with a child for nonparents.
MOTIONS
On motion of Senator Stevens, Substitute Senate Bill No. 5708 was substituted for Senate Bill No. 5708 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Stevens, the rules were suspended, Substitute Senate Bill No. 5708 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5708.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5708 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 42.
Voting nay: Senators Fairley, Johnson, Kohl-Welles, McAuliffe, Regala and Zarelli - 6.
Excused: Senator Poulsen - 1.
SUBSTITUTE SENATE BILL NO. 5708, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
PARLIAMENTARY INQUIRY
Senator McCaslin: “A parliamentary inquiry, Madam President. Since there is a rule that Senators approaching the bar during the vote is an incorrect procedure, but when the President Pro Tempore calls up the Vice President Pro Tempore and he approaches the bar, is that within the parliamentary rules?”
REPLY BY THE PRESIDENT PRO TEMPORE
President Pro Tempore Winsley: “There is an exception to the rule for the Vice President Pro Tempore to come up and offer to relieve the President Pro Tempore, which he is going to do in a short period of time.”
Senator McCaslin: “Ladies and gentlemen, stay alert. Senator Deccio is going to take over.”
SECOND READING
SENATE BILL NO. 5520, by Senators Haugen, Horn and Oke (by request of Department of Transportation)
Authorizing the ferry system to use alternative public works contracting procedures.
MOTIONS
On motion of Senator Horn, Substitute Senate Bill No. 5520 was substituted for Senate Bill No. 5520 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5520 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Benton: “Senator Haugen, these alternative bidding techniques are restricted to ferry terminal construction only and do not include the actual construction of ferries themselves? Is that correct?”
Senator Haugen: “That is correct. Last year, in another bill, we had passed legislation to allow us to design a bill for ferries, so this deals with the terminals.”
Senator Benton: “Just with the terminals. Thank you.”
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5520.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5520 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senator Hargrove - 1.
Excused: Senator Poulsen - 1.
SUBSTITUTE SENATE BILL NO. 5520, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5310, by Senators Morton, Hargrove and Haugen
Establishing bond requirements for title insurance agent licenses.
MOTIONS
On motion of Senator Morton, Substitute Senate Bill No. 5310 was substituted for Senate Bill No. 5310 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 5310 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5310.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5310 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Voting nay: Senator Sheldon, T. - 1.
Excused: Senator Poulsen - 1.
SUBSTITUTE SENATE BILL NO. 5310, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
Vice President Pro Tempore Deccio assumed the Chair.
SECOND READING
SENATE BILL NO. 5360, by Senators West, Sheahan, Honeyford, Hewitt, Roach, Hale, Esser and Mulliken
Revising penalties for false industrial insurance claims.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 5360 was substituted for Senate Bill No. 5360 and the substitute bill was placed on second reading and read the second time.
On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 5360 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5360.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5360 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SUBSTITUTE SENATE BILL NO. 5360, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5694, by Senators Swecker, Jacobsen, Horn, Doumit, Haugen and Rasmussen
Creating a pilot project to develop an integrated environmental permit system.
The bill was read the second time.
MOTIONS
On motion of Senator Tim Sheldon, Second Substitute Senate Bill No. 5694 was substituted for Senate Bill No. 5694 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Tim Sheldon, the rules were suspended, Second Substitute Senate Bill No. 5694 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5694.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5694 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SECOND SUBSTITUTE SENATE BILL NO. 5694, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5474, by Senators Regala, Stevens, McAuliffe, Carlson, Kohl-Welles, Winsley and Rasmussen
Creating a kinship caregiver's authorization affidavit.
MOTIONS
On motion of Senator Stevens, Substitute Senate Bill No. 5474 was substituted for Senate Bill No. 5474 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Stevens, the rules were suspended, Substitute Senate Bill No. 5474 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5474.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5474 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice,
Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SUBSTITUTE SENATE BILL NO. 5474, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5463, by Senators Roach, Kastama, Stevens, McCaslin, Oke, Horn, Fairley, Kohl-Welles, Schmidt, Winsley and Shin (by request of Secretary of State Reed)
Authorizing a pilot project for military and overseas voters to vote over the Internet.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5463 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5463.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5463 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SENATE BILL NO. 5463, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5284, by Senators Stevens, Horn, Benton, Haugen, Oke, Swecker, Esser and Mulliken
Penalizing failure to use required traction equipment.
The bill was read the second time.
MOTION
On motion of Senator Stevens, the rules were suspended, Senate Bill No. 5284 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5284.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5284 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 11; Absent, 0; Excused, 1.
Voting yea: Senators Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau and Winsley - 37.
Voting nay: Senators Benton, Brown, Finkbeiner, Hale, Hewitt, Honeyford, McCaslin, Morton, Mulliken, West and Zarelli - 11.
Excused: Senator Poulsen - 1.
SENATE BILL NO. 5284, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5429, by Senators Mulliken, Prentice and Horn (by request of Department of Licensing)
Authorizing the Performance Registration Information Systems Management Program (PRISM).
The bill was read the second time.
MOTION
On motion of Senator Horn, the rules were suspended, Senate Bill No. 5429 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5429.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5429 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SENATE BILL NO. 5429, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5517, by Senators B. Sheldon, Schmidt, Kohl-Welles, Oke, Poulsen, West and Rasmussen
Clarifying the apportionment of business and occupation taxes on certain businesses conducted both within and outside the state.
The bill was read the second time.
MOTION
Senator Betti Sheldon moved that the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.04.260 and 2001 2nd sp.s. c 25 s 2 are each amended to read as follows:
(1) Upon every person engaging within this state in the business of manufacturing:
(a) Wheat into flour, barley into pearl barley, soybeans into soybean oil, canola into canola oil, canola meal, or canola byproducts, or sunflower seeds into sunflower oil; as to such persons the amount of tax with respect to such business shall be equal to the value of the flour, pearl barley, oil, canola meal, or canola byproduct manufactured, multiplied by the rate of 0.138 percent;
(b) Seafood products which remain in a raw, raw frozen, or raw salted state at the completion of the manufacturing by that person; as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured, multiplied by the rate of 0.138 percent;
(c) By canning, preserving, freezing, processing, or dehydrating fresh fruits and vegetables, or selling at wholesale fresh fruits and vegetables canned, preserved, frozen, processed, or dehydrated by the seller and sold to purchasers who transport in the ordinary course of business the goods out of this state; as to such persons the amount of tax with respect to such business shall be equal to the value of the products canned, preserved, frozen, processed, or dehydrated multiplied by the rate of 0.138 percent. As proof of sale to a person who transports in the ordinary course of business goods out of this state, the seller shall annually provide a statement in a form prescribed by the department and retain the statement as a business record; and
(d) Dairy products that as of September 20, 2001, are identified in 21 C.F.R., chapter 1, parts 131, 133, and 135, including byproducts from the manufacturing of the dairy products such as whey and casein; or selling the same to purchasers who transport in the ordinary course of business the goods out of state; as to such persons the tax imposed shall be equal to the value of the products manufactured multiplied by the rate of 0.138 percent. As proof of sale to a person who transports in the ordinary course of business goods out of this state, the seller shall annually provide a statement in a form prescribed by the department and retain the statement as a business record.
(2) Upon every person engaging within this state in the business of splitting or processing dried peas; as to such persons the amount of tax with respect to such business shall be equal to the value of the peas split or processed, multiplied by the rate of 0.138 percent.
(3) Upon every nonprofit corporation and nonprofit association engaging within this state in research and development, as to such corporations and associations, the amount of tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.484 percent.
(4) Upon every person engaging within this state in the business of slaughtering, breaking and/or processing perishable meat products and/or selling the same at wholesale only and not at retail; as to such persons the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.138 percent.
(5) Upon every person engaging within this state in the business of making sales, at retail or wholesale, of nuclear fuel assemblies manufactured by that person, as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the assemblies multiplied by the rate of 0.275 percent.
(6) Upon every person engaging within this state in the business of manufacturing nuclear fuel assemblies, as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured multiplied by the rate of 0.275 percent.
(7) Upon every person engaging within this state in the business of acting as a travel agent or tour operator; as to such persons the amount of the tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent. If the activities are conducted both within and without this state, the amount of tax on such person shall be equal to the apportioned gross income of the business multiplied by the rate of .275 percent. The apportioned gross income shall be calculated by multiplying the apportionable income by a fraction, the numerator of which is the sum of the property factor, if any, the payroll factor, if any, and the sales factor, if any, and the denominator of which is three reduced by the number of factors that have a denominator of zero. The apportionment factors shall be calculated according to rules adopted by the department consistent with, but are not required to be identical to, the principles and concepts contained in chapter 82.56 RCW. If the provisions of this section do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition or the department may require the use of an alternative apportionment method, if reasonable, such as separate accounting, the exclusion of any one or more of the factors, or the inclusion of one or more additional factors. As used in this section, "apportionable income" means the gross income of the taxpayer, less applicable exemptions and deductions allowable under this chapter.
(8) Upon every person engaging within this state in business as an international steamship agent, international customs house broker, international freight forwarder, vessel and/or cargo charter broker in foreign commerce, and/or international air cargo agent; as to such persons the amount of the tax with respect to only international activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.
(9) Upon every person engaging within this state in the business of stevedoring and associated activities pertinent to the movement of goods and commodities in waterborne interstate or foreign commerce; as to such persons the amount of tax with respect to such business shall be equal to the gross
proceeds derived from such activities multiplied by the rate of 0.275 percent. Persons subject to taxation under this subsection shall be exempt from payment of taxes imposed by chapter 82.16 RCW for that portion of their business subject to taxation under this subsection. Stevedoring and associated activities pertinent to the conduct of goods and commodities in waterborne interstate or foreign commerce are defined as all activities of a labor, service or transportation nature whereby cargo may be loaded or unloaded to or from vessels or barges, passing over, onto or under a wharf, pier, or similar structure; cargo may be moved to a warehouse or similar holding or storage yard or area to await further movement in import or export or may move to a consolidation freight station and be stuffed, unstuffed, containerized, separated or otherwise segregated or aggregated for delivery or loaded on any mode of transportation for delivery to its consignee. Specific activities included in this definition are: Wharfage, handling, loading, unloading, moving of cargo to a convenient place of delivery to the consignee or a convenient place for further movement to export mode; documentation services in connection with the receipt, delivery, checking, care, custody and control of cargo required in the transfer of cargo; imported automobile handling prior to delivery to consignee; terminal stevedoring and incidental vessel services, including but not limited to plugging and unplugging refrigerator service to containers, trailers, and other refrigerated cargo receptacles, and securing ship hatch covers.
(10) Upon every person engaging within this state in the business of disposing of low-level waste, as defined in RCW 43.145.010; as to such persons the amount of the tax with respect to such business shall be equal to the gross income of the business, excluding any fees imposed under chapter 43.200 RCW, multiplied by the rate of 3.3 percent.
If the gross income of the taxpayer is attributable to activities both within and without this state, the gross income attributable to this state shall be determined in accordance with the methods of apportionment required under RCW 82.04.460.
(11) Upon every person engaging within this state as an insurance agent, insurance broker, or insurance solicitor licensed under chapter 48.17 RCW; as to such persons, the amount of the tax with respect to such licensed activities shall be equal to the gross income of such business multiplied by the rate of 0.484 percent.
(12) Upon every person engaging within this state in business as a hospital, as defined in chapter 70.41 RCW, that is operated as a nonprofit corporation or by the state or any of its political subdivisions, as to such persons, the amount of tax with respect to such activities shall be equal to the gross income of the business multiplied by the rate of 0.75 percent through June 30, 1995, and 1.5 percent thereafter. The moneys collected under this subsection shall be deposited in the health services account created under RCW 43.72.900."
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senator Betti Sheldon to Senate Bill No. 5517.
The motion by Senator Betti Sheldon carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Rossi, the following title amendment was adopted:
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "clarifying the apportionment of business and occupation taxes on travel agent or tour operator businesses conducted both within and outside the state; and amending RCW 82.04.260."
On motion of Senator Rossi, the rules were suspended, Engrossed Senate Bill No. 5517 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Rossi: “Under the provisions of Engrossed Senate Bill No. 5517, the Department of Revenue will utilize a three factor formula for the apportionment of B & O taxation for the travel agent/tour operator classification contained in RCW 82.04.260 (7). How will this formula determine how sales, that are included in the sales factor of the three factor formula, be allocated between the various states?”
Senator Betti Sheldon: “It is the intent of Engrossed Senate Bill No. 5517 that when apportioning income under RCW 82.04.260 (7), the sales factor as it applies to travel agents and tour operators and is referred in RCW 82.56 will be sourced to the physical location where the ticket for the tour is sold. Further, the intention is that for this purpose, the location of the sale of the tour shall be the primary physical location the traveler’s travel agent uses to complete the sale and if no travel agent is involved and the sale is made via telephone, fax, internet or through any other electronic telecommunication, the principal residence of the traveler will be deemed the location of the sale. The bill also intends that if the Department of Revenue requires an alternative apportionment method, as is referred to in Engrossed Senate Bill No. 5517, that the sale shall always be sourced to the primary physical location of the traveler’s travel agent, or if there is no travel agent and the sale is made via telephone fax, internet or through any other electronic telecommunication, to the traveler’s principal residence. Finally, Engrossed Senate Bill No. 5517 envisions the Department of Revenue to implement a rule that is consistent with the intent of this amendatory act.”
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5517.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5517 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
ENGROSSED SENATE BILL NO. 5517, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5933, by Senators Hargrove, Franklin and Kline
Authorizing the Quileute Tribe to enter cigarette tax contracts.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 5933 was substituted for Senate Bill No. 5933 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5933 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5933.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5933 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SUBSTITUTE SENATE BILL NO. 5933, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Pro Tempore Winsley assumed the Chair.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8401, by Senators Kohl-Welles, Carlson, Johnson, Shin, Jacobsen, McAuliffe, Schmidt, Rasmussen and B. Sheldon
Authorizing an interim study to develop a master plan for education.
MOTIONS
On motion of Senator Kohl-Welles, Substitute Senate Concurrent Resolution No. 8401 was substituted for Senate Concurrent Resolution No. 8401 and the substitute concurrent resolution was placed on second reading and read the second time.
On motion of Senator Kohl-Welles, the rules were suspended, Substitute Senate Concurrent No. 8401 was advanced to third reading, the second reading considered the third and the substitute concurrent resolution was placed on final passage.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Concurrent Resolution No. 8401 and the concurrent resolution passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.
Voting nay: Senators Finkbeiner, Jacobsen, Johnson, Morton and Oke - 5.
Excused: Senator Poulsen - 1.
SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8401, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 5966, by Senators Deccio and Winsley
Increasing the supply of dentists and dental hygienists to meet the critical shortage of dental providers in this state and underserved areas.
MOTIONS
On motion of Senator Deccio, Substitute Senate Bill No. 5966 was substituted for Senate Bill No. 5966 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Deccio, the rules were suspended, Substitute Senate Bill No. 5966 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5966.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5966 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SUBSTITUTE SENATE BILL NO. 5966, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5091, by Senators Carlson, Fraser, Shin and Spanel (by request of Joint Committee on Pension Policy)
Making optional plan 3 member contributions.
The bill was read the second time.
MOTION
On motion of Senator Carlson, the rules were suspended, Senate Bill No. 5091 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5091.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5091 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SENATE BILL NO. 5091, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Eide, Senator Thibaudeau was excused.
SECOND READING
SENATE BILL NO. 5373, by Senators Roach, Fairley, Horn, Stevens and Winsley (by request of Secretary of State Reed)
Regulating actions on the validity of ballot measures.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5373 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5373.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5373 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 47.
Excused: Senators Poulsen and Thibaudeau - 2.
SENATE BILL NO. 5373, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5221, by Senators Roach, Kastama, Fairley, Stevens, Horn and Benton (by request of Secretary of State Reed)
Reorganizing election laws.
MOTIONS
On motion of Senator Roach, Substitute Senate Bill No. 5221 was substituted for Senate Bill No. 5221 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 5221 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5221.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5221 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Poulsen - 1.
SUBSTITUTE SENATE BILL NO. 5221, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
PERSONAL PRIVILEGE
Senator Carlson: “A point of personal privilege, Madam President. I happen to be in Vancouver, but state wide, the 4A State Championship Prairie High School Girls’ Basketball Team are the new champs for the state of Washington.”
MOTION
At 6:39 p.m., on motion of Senator Sheahan, the Senate adjourned until 9:00 a.m., Monday, March 17, 2003.
BRAD OWEN, President the Senate
MILTON H. DOUMIT, Jr., Secretary of the Senate