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FOURTH DAY
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NOON SESSION
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Senate Chamber, Olympia, Thursday, January 15, 2004
The Senate was called to order at 12:00 noon by the President Pro Tempore. No roll call was taken.
MOTION
On motion of Senator Esser, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
On motion of Senator Esser, the Senate advanced to the first order of business.
REPORTS STANDING COMMITTEES
January 14, 2004
SB 5813 Prime Sponsor, Reardon: Regarding capital rate add-on payments for boarding homes. Reported by Committee on Health & Long-Term Care
MAJORITY Recommendation: That the bill be referred to Committee on Ways & Means without recommendations. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland; Franklin; Parlette and Thibaudeau.
Passed to Committee on Health and Long Term Care.
January 14, 2004
SB 6112 Prime Sponsor, Prentice: Regulating self-funded multiple employer welfare arrangements. Reported by Committee on Health & Long-Term Care
MAJORITY Recommendation: That the bill be referred to Committee on Financial Services, Insurance and Housing without recommendations. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland; Franklin; Parlette and Thibaudeau.
Passed to Committee on Financial Services, Insurance and Housing.
January 14, 2004
SB 6141 Prime Sponsor, Winsley: Clarifying the property taxation of vehicles carrying exempt licenses. Reported by Committee on Highways & Transportation
MAJORITY recommendation: That it be referred to Committee on Ways & Means without recommendation. Signed by Senators Horn, Chair; Esser, Kastama, Mulliken, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Ways and Means.
MOTION
On motion of Senator Esser, all measures listed on the Standing Committee report were referred to the committees as designated.
MOTION
On motion of Senator Esser, the Senate advanced to the third order of business.
MESSAGE FROM STATE AGENCY
STATE OF WASHINGTON
Department of Agriculture
P. O. Box 42560
Olympia, Washington 98504-2560
January 14, 2004
Milt Doumit, Secretary of the Senate
Washington State Senate
P. O. Box 40482
Olympia, WA 98504-0482
Dear Mr. Doumit:
Enclosed are two copes of the final December 2003 Report to the Legislature on “Livestock Nutrient Management Program” as required by RCW 90.64.
Please call Leslie Emerick at (360) 902-1850 if you have questions about the report.
Sincerely,
LESLIE EMERICK, Legislative Affairs Coordinator
The report from the Department of Agriculture on “Livestock Nutrient Management Program” is on file in the Office of the Secretary of Senate.
MOTION
On motion of Senator Esser, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
January 13, 2004
MR. PRESIDENT:
The Speaker has signed:
HOUSE CONCURRENT RESOLUTION NO. 4412,
HOUSE CONCURRENT RESOLUTION NO. 4413,
HOUSE CONCURRENT RESOLUTION NO. 4414,
SENATE CONCURRENT RESOLUTION NO. 8417,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
On motion of Senator Esser, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 6227 by Senators Morton, Doumit and Mulliken
AN ACT Relating to forest practices; amending RCW 76.09.240; and adding a new section to chapter 36.70A RCW.
Referred to Committee on Natural Resources, Energy & Water.
SB 6228 by Senators Franklin, Kline, Thibaudeau, Kohl-Welles, Regala and McAuliffe
AN ACT Relating to fiscal reform; amending RCW 82.03.130, 82.03.140, 2.10.180, 2.12.090, 6.13.030, 41.24.240, 41.35.100, 41.40.052, 41.44.240, 43.43.310, 82.08.020, 84.52.065, 84.52.068, 84.52.043, 84.52.050, 36.58.150, 36.60.040, 36.69.145, 36.73.060, 36.83.030, 36.100.050, 67.38.130, 84.52.010, 84.69.020, 39.89.020, 43.99H.060, and 43.99I.040; reenacting and amending RCW 6.15.020, 41.32.052, and 41.26.053; adding a new title to the Revised Code of Washington to be codified as Title 82A RCW; creating new sections; recodifying RCW 84.52.068; repealing RCW 6.15.025; prescribing penalties; and providing contingent effective dates.
Referred to Committee on Ways & Means.
SB 6229 by Senators Franklin, Kohl-Welles, Fairley, Rasmussen and Shin
AN ACT Relating to the licensing of private sports coaches or trainers; amending RCW 18.235.020; and adding a new chapter to Title 18 RCW.
Referred to Committee on Commerce & Trade.
SB 6230 by Senators Franklin, Winsley, Shin, Kastama, Eide, Thibaudeau, Kohl-Welles, McAuliffe and Rasmussen
AN ACT Relating to business and occupation tax of small businesses; amending RCW 82.04.4451 and 82.32.045; and providing an effective date.
Referred to Committee on Ways & Means.
SB 6231 by Senators Franklin and Oke
AN ACT Relating to prohibiting smoking in public places; amending RCW 70.160.010, 70.160.020, 70.160.030, 70.160.050, and 70.160.070; repealing RCW 70.160.040; and prescribing penalties.
Referred to Committee on Commerce & Trade.
SB 6232 by Senators Hewitt and Fairley; by request of Governor Locke
AN ACT Relating to state general obligation bonds and related accounts; adding a new chapter to Title 43 RCW; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 6233 by Senators Hewitt and Fairley; by request of Governor Locke
AN ACT Relating to the capital budget; amending 2003 1st sp.s. c 26 ss 101, 104, 105, 110, 161, 169, 234, 313, 312, 317, 367, 394, 406, 501, 743, 130, 135, 159, 171, 172, 246, 267, 304, 310, 315, 356, 379, 389, 390, 412, 621, 628, 633, 659, 678, 696, 702, 784, 786, 798, 801, and 907 (uncodified); adding new sections to 2003 1st sp.s. c 26 (uncodified); adding a new section to chapter 89.08 RCW; creating a new section; repealing 2003 1st sp.s. c 26 s 340 (uncodified); and declaring an emergency.
Referred to Committee on Ways & Means.
SB 6234 by Senators Oke, Fraser, Swecker, Parlette, Fairley, Jacobsen, Esser, Brown and Kline
AN ACT Relating to off-road and nonhighway vehicles; amending RCW 46.09.020, 46.09.110, 46.09.130, 46.09.130, 46.09.240, and 46.09.280; reenacting and amending RCW 46.09.170 and 46.09.170; providing effective dates; and providing expiration dates.
Referred to Committee on Parks, Fish & Wildlife.
SB 6235 by Senators Kline, Winsley, Prentice, Doumit, Regala, Keiser and Kohl-Welles
AN ACT Relating to underwriting medical malpractice insurance; and adding a new section to chapter 48.19 RCW.
Referred to Committee on Financial Services, Insurance & Housing.
SB 6236 by Senators Honeyford and Hargrove
AN ACT Relating to clarifying the development powers of cities, towns, and counties; amending RCW 35.21.703 and 36.01.085; adding a new section to chapter 35.21 RCW; adding a new section to chapter 36.01 RCW; and creating a new section.
Referred to Committee on Economic Development.
SB 6237 by Senators Hewitt, Haugen, Mulliken, Rasmussen and Parlette
AN ACT Relating to providing nonagricultural commercial and retail uses that support and sustain agricultural operations on designated agricultural lands of long-term significance; and amending RCW 36.70A.177.
Referred to Committee on Land Use & Planning.
SB 6238 by Senators T. Sheldon, Haugen, Mulliken, Hale and Rasmussen
AN ACT Relating to rural development; and amending RCW 36.70A.070.
Referred to Committee on Economic Development.
SB 6239 by Senators Zarelli, Benton, Carlson, Hale, McAuliffe, Prentice, Rasmussen, Murray, Haugen and Poulsen; by request of Governor Locke
AN ACT Relating to high technology and research and development tax incentives; amending RCW 82.04.4452, 82.63.010, 82.63.020, 82.63.030, 82.63.045, and 82.63.070; adding new sections to chapter 82.04 RCW; providing an effective date; and providing expiration dates.
Referred to Committee on Ways & Means.
SB 6240 by Senators T. Sheldon, Zarelli, Benton, Hale, McAuliffe, Prentice, Rasmussen, Murray and Haugen; by request of Governor Locke
AN ACT Relating to tax incentives in rural counties; amending RCW 82.60.040 and 82.60.050; adding new sections to chapter 82.04 RCW; providing an effective date; providing expiration dates; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 6241 by Senators Regala, Deccio, Fraser, Thibaudeau, Kline, Kohl-Welles, McAuliffe, Winsley, Fairley, Eide and Haugen
AN ACT Relating to use of respectful language in the Revised Code of Washington and the Washington Administrative Code; adding a new section to chapter 44.04 RCW; and adding a new section to chapter 34.05 RCW.
Referred to Committee on Health & Long-Term Care.
SB 6242 by Senators Parlette and Berkey
AN ACT Relating to establishing a statewide strategy for land acquisitions and disposal; and creating a new section.
Referred to Committee on Natural Resources, Energy & Water.
SB 6243 by Senators Haugen, Honeyford, Jacobsen, Carlson, Roach, Johnson, Eide, Esser, Fraser, Brandland, Parlette, Berkey, Winsley and Rasmussen
AN ACT Relating to creating the department of archaeology and historic preservation; amending RCW 43.17.020, 27.34.020, 27.34.070, 27.34.210, 27.34.230, 27.34.330, 27.34.342, and 27.34.344; reenacting and amending RCW 43.17.010; adding a new section to chapter 41.06 RCW; adding a new chapter to Title 43 RCW; repealing RCW 27.34.310 and 27.34.320; and providing an expiration date.
Referred to Committee on Government Operations & Elections.
SB 6244 by Senators Sheahan, Brown, Johnson, Kline, Kohl-Welles and Murray
AN ACT Relating to fiscal support for civil indigent legal services, county law libraries, and related justice system activities and creating an office of civil legal services; amending RCW 27.24.070, 36.18.012, 36.18.020, 43.08.250, 43.08.260, and 43.08.270; adding a new chapter to Title 2 RCW; creating a new section; recodifying RCW 43.08.260 and 43.08.270; and providing effective dates.
Referred to Committee on Judiciary.
SB 6245 by Senators Zarelli, Regala, Winsley and Rasmussen
AN ACT Relating to residency teacher certification partnership programs; and amending RCW 28A.660.040.
Referred to Committee on Education.
SB 6246 by Senators Fraser, Winsley, Regala, McAuliffe, Franklin and Rasmussen; by request of Select Committee on Pension Policy
AN ACT Relating to establishing a public safety employees' retirement system plan 2; amending RCW 41.45.010, 41.45.020, 41.45.050, 41.50.030, 41.50.060, 41.50.075, 41.50.080, 41.50.110, 41.50.150, 41.50.152, 41.50.255, 41.50.500, 41.50.670, 41.50.790, 41.40.010, 41.26.500, 41.32.800, 41.35.230, 41.40.690, 41.54.010, 41.54.040, 41.32.802, 41.32.862, and 41.35.060; reenacting and amending RCW 41.45.060, 41.45.061, 41.45.070, 43.84.092, and 41.40.037; adding a new section to chapter 41.40 RCW; adding a new chapter to Title 41 RCW; creating a new section; prescribing penalties; and providing an effective date.
Referred to Committee on Ways & Means.
SB 6247 by Senators Winsley, Fraser, Regala, Carlson, Keiser and McAuliffe; by request of Select Committee on Pension Policy
AN ACT Relating to vesting after five years of service in the defined benefit portion of the public employees' retirement system, the school employees' retirement system, and the teachers' retirement system plan 3; and amending RCW 41.32.875, 41.35.680, and 41.40.820.
Referred to Committee on Ways & Means.
SB 6248 by Senators Winsley, Fraser, Regala, Carlson and Keiser; by request of Select Committee on Pension Policy
AN ACT Relating to public employees' retirement system, plan 1 and teachers' retirement system, plan 1 age and retirement requirements for receipt of the annual increase amount; amending RCW 41.40.197 and 41.32.489; and providing an effective date.
Referred to Committee on Ways & Means.
SB 6249 by Senators Fraser, Winsley, Pflug, Regala and Carlson; by request of Select Committee on Pension Policy
AN ACT Relating to establishing an asset smoothing corridor for actuarial valuations used in the funding of the state retirement systems; and amending RCW 41.45.020 and 41.45.035.
Referred to Committee on Ways & Means.
SB 6250 by Senators Pflug, Fraser, Winsley, Regala, Carlson, Keiser and Murray; by request of Select Committee on Pension Policy
AN ACT Relating to allowing members of the teachers' retirement system plan 1 who are employed less than full time as psychologists, social workers, nurses, physical therapists, occupational therapists, or speech language pathologists or audiologists to annualize their salaries when calculating their average final compensation; and amending RCW 41.32.010.
Referred to Committee on Ways & Means.
SB 6251 by Senators Winsley, Regala and Fraser; by request of Select Committee on Pension Policy
AN ACT Relating to permitting members of the public employees' retirement system plan 2 and plan 3 and the school employees' retirement system plan 2 and plan 3 who qualify for early retirement or alternate early retirement to make a one-time purchase of additional service credit; adding new sections to chapter 41.40 RCW; adding new sections to chapter 41.35 RCW; and providing an effective date.
Referred to Committee on Ways & Means.
SB 6252 by Senators Winsley, Regala, Fraser, Keiser and Rasmussen; by request of Select Committee on Pension Policy
AN ACT Relating to permitting members of the public employees' retirement system plan 2 and plan 3 and the school employees' retirement system plan 2 and plan 3 to buy down the early retirement reduction amounts; amending RCW 41.40.630, 41.40.820, 41.35.420, and 41.35.680; adding new sections to chapter 41.40 RCW; adding new sections to chapter 41.35 RCW; and providing an effective date.
Referred to Committee on Ways & Means.
SB 6253 by Senators Winsley, Fraser, Regala, Carlson, Keiser, Roach, Pflug, Spanel, Rasmussen and Eide; by request of Select Committee on Pension Policy
AN ACT Relating to establishing a one thousand dollar minimum monthly benefit for public employees' retirement system plan 1 members and teachers' retirement system plan 1 members who have at least twenty-five years of service and who have been retired at least twenty years; and amending RCW 41.32.4851 and 41.40.1984.
Referred to Committee on Ways & Means.
SB 6254 by Senators Regala, Winsley, Fraser, Carlson, Keiser, Roach, Franklin, Rasmussen and Haugen; by request of Select Committee on Pension Policy
AN ACT Relating to death benefits for members of the Washington state patrol retirement system plan 2; and amending RCW 43.43.295.
Referred to Committee on Ways & Means.
SB 6255 by Senators Brandland, Kline, McCaslin, Regala, Winsley, Roach, Kohl-Welles, Rasmussen and Parlette
AN ACT Relating to studying criminal background check processes; creating new sections; and providing an expiration date.
Referred to Committee on Children & Family Services & Corrections.
SB 6256 by Senators Brandland, Kline, McCaslin, Roach, Winsley and Oke
AN ACT Relating to the collection of criminal palmprint records; and adding a new section to chapter 43.43 RCW.
Referred to Committee on Children & Family Services & Corrections.
SB 6257 by Senators Brandland, Kline, McCaslin, Roach, Winsley, Regala, Rasmussen, Shin and Oke
AN ACT Relating to protection of personal and identifying information; amending RCW 65.04.110; reenacting and amending RCW 42.17.310 and 42.17.310; adding a new section to chapter 40.14 RCW; creating a new section; providing an effective date; and providing an expiration date.
Referred to Committee on Judiciary.
SB 6258 by Senators Brandland, Kline, McCaslin, Winsley, Regala and Roach
AN ACT Relating to the certification of corrections officers; amending RCW 43.101.085, 43.101.010, 43.101.380, and 43.101.400; adding new sections to chapter 43.101 RCW; and providing an effective date.
Referred to Committee on Judiciary.
SB 6259 by Senators Schmidt, Poulsen, Esser, Prentice and Eide
AN ACT Relating to the taxation of internet services; and amending RCW 35.21.717.
Referred to Committee on Technology & Communications.
SB 6260 by Senators Fairley, Thibaudeau and Kohl-Welles
AN ACT Relating to the licensing of counselors doing vocational evaluations or rehabilitation counseling; and amending RCW 18.225.010, 18.225.020, 18.225.030, 18.225.060, 18.225.070, and 18.225.090.
Referred to Committee on Health & Long-Term Care.
SB 6261 by Senators B. Sheldon, Oke and T. Sheldon
AN ACT Relating to payments to jurors; and amending RCW 2.36.150.
Referred to Committee on Judiciary.
AN ACT Relating to tire recycling; amending RCW 70.95.510; adding new sections to chapter 70.95 RCW; and repealing RCW 70.95.530, 70.95.535, and 70.95.540.
Referred to Committee on Natural Resources, Energy & Water.
SB 6263 by Senators Swecker, Oke, Stevens, Pflug, Winsley, Zarelli, Hewitt and Mulliken
AN ACT Relating to home-based driver training instruction; and amending RCW 28A.220.020, 46.82.280, 46.82.290, and 46.82.300.
Referred to Committee on Highways & Transportation.
SB 6264 by Senators Swecker, Doumit, Oke, Mulliken, Horn, Jacobsen, Rasmussen and Murray
AN ACT Relating to general permits; adding a new section to chapter 77.55 RCW; and adding a new section to chapter 90.58 RCW.
Referred to Committee on Parks, Fish & Wildlife.
SB 6265 by Senators Swecker, Doumit, Oke, Mulliken, Horn, Jacobsen, Sheahan, Hale, Rasmussen and Murray
AN ACT Relating to permit timelines; and adding a new section to chapter 43.42 RCW.
Referred to Committee on Land Use & Planning.
SB 6266 by Senators B. Sheldon, McAuliffe, Shin, Berkey, Fairley, Kline, Kohl-Welles, Thibaudeau, Eide, Keiser, Spanel, Franklin and Jacobsen
AN ACT Relating to kindergarten; and reenacting and amending RCW 74.15.020.
Referred to Committee on Children & Family Services & Corrections.
AN ACT Relating to certification of certain specialty electrical administrators and electricians without examination; amending RCW 19.28.061; and reenacting and amending RCW 19.28.191.
Referred to Committee on Commerce & Trade.
SB 6268 by Senators Kohl-Welles, Carlson, Jacobsen, Schmidt, Shin, Regala, Kline, McAuliffe and Franklin; by request of Governor Locke
AN ACT Relating to bringing state law into conformity with 2003 United States supreme court affirmative action decisions; amending RCW 49.60.400; and creating a new section.
Held on first reading.
SB 6269 by Senators Hale, Doumit, Hewitt and Brandland
AN ACT Relating to harbor lines in Blaine, Edmonds, Ilwaco, Kennewick, and Pasco; and amending RCW 79.92.030.
Referred to Committee on Natural Resources, Energy & Water.
SB 6270 by Senators Esser, Haugen, Sheahan and Kline
AN ACT Relating to attorneys' liens; amending RCW 60.40.010; and creating a new section.
Referred to Committee on Judiciary.
SB 6271 by Senators Jacobsen, Prentice, Thibaudeau, Kline, Kohl-Welles, Poulsen, Fraser, McAuliffe, Shin and Eide
AN ACT Relating to safe drinking water in Washington public schools; adding a new chapter to Title 70 RCW; prescribing penalties; and declaring an emergency.
Referred to Committee on Natural Resources, Energy & Water.
SB 6272 by Senators Keiser, Thibaudeau, Prentice, Franklin, Kline, Kohl-Welles and Spanel
AN ACT Relating to family leave insurance; and adding a new chapter to Title 49 RCW.
Referred to Committee on Commerce & Trade.
SB 6273 by Senators Keiser, Winsley, Thibaudeau and Kohl-Welles
AN ACT Relating to regulating hospitals and health professions; amending RCW 70.41.210, 70.41.200, and 18.130.160; adding a new section to chapter 70.41 RCW; and prescribing penalties.
Referred to Committee on Health & Long-Term Care.
SB 6274 by Senators Regala, Stevens, Hargrove and Kline
AN ACT Relating to serious offenses in the context of competency restoration; amending RCW 10.77.010 and 10.77.090; reenacting and amending RCW 71.05.390; adding new sections to chapter 10.77 RCW; and creating a new section.
Referred to Committee on Children & Family Services & Corrections.
SB 6275 by Senators Morton, Mulliken, Roach and Stevens
AN ACT Relating to a finding of necessity for administrative rules; and adding new sections to chapter 34.05 RCW.
Referred to Committee on Government Operations & Elections.
SB 6276 by Senators Keiser and Eide
AN ACT Relating to reporting of felony complaints against physicians; and adding a new section to chapter 18.71 RCW.
Referred to Committee on Health & Long-Term Care.
SB 6277 by Senators McAuliffe, Prentice, Eide, Fairley, Doumit, B. Sheldon, Regala, Berkey, Kohl-Welles, Franklin, Keiser, Shin, Poulsen, Kastama, Hargrove, Rasmussen, Brown and Thibaudeau
AN ACT Relating to cost-of-living increases for education employees; and amending RCW 28A.400.205, 28B.50.465, and 28B.50.468.
Referred to Committee on Education.
SB 6278 by Senators Parlette, Murray, Carlson, Hale, Kohl-Welles and Rasmussen; by request of LEOFF Plan 2 Retirement Board
AN ACT Relating to calculating the retirement allowance of a member of the law enforcement officers' and fire fighters' retirement system plan 2 who is killed in the course of employment; and amending RCW 41.26.510.
Referred to Committee on Ways & Means.
SB 6279 by Senators Murray, Parlette, Carlson, Roach, Kohl-Welles and Rasmussen; by request of LEOFF Plan 2 Retirement Board
AN ACT Relating to providing benefits to certain disabled members of the law enforcement officers' and fire fighters' retirement system plan 2; amending RCW 41.26.470; and creating a new section.
Referred to Committee on Ways & Means.
SB 6280 by Senators Deccio, Winsley, Murray, Shin, Stevens, Prentice and Rasmussen
AN ACT Relating to nursing homes; amending RCW 74.42.310; adding a new section to chapter 18.51 RCW; and declaring an emergency.
Referred to Committee on Health & Long-Term Care.
SJR 8220 by Senators Franklin, Kline, Thibaudeau, Kohl-Welles and Regala
Amending the Constitution to allow an income tax.
Referred to Committee on Ways & Means.
SCR 8418 by Senators Berkey, Swecker, Doumit, Schmidt, Mulliken, Parlette, Keiser, Rasmussen and Haugen
Creating a joint select legislative task force to evaluate permitting processes.
Referred to Committee on Natural Resources, Energy & Water.
MOTION
On motion of Senator Esser, all measures listed on the Introduction and First Reading report were referred to the committees as designated.
MOTION
At 12:05 p.m., on motion of Senator Esser, the Senate adjourned until 12:00 noon, Friday, January 16, 2004.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, JR., Secretary of the Senate