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ELEVENTH DAY
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NOON SESSION
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Senate Chamber, Olympia, Thursday, January 22, 2004
The Senate was called to order at 12:00 noon by 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
There being no objection, the Senate advanced to the first order of business.
REPORTS OF STANDING COMMITTEES
January 21, 2004
SB 5376 Prime Sponsor, Prentice: Describing the route of SR 99. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Kastama, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
January 21, 2004
SB 5585 Prime Sponsor, Swecker: Expanding the authority of transportation benefit districts. Reported by Committee on Highways & Transportation
MAJORITY recommendation: That Second Substitute Senate Bill No. 5585 be substituted therefor, and the second substitute bill do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Kastama, Murray, Oke and Spanel.
Passed to Committee on Rules for second reading.
January 21, 2004
SB 5878 Prime Sponsor, Prentice: Protecting the right of health care providers, carriers, and facilities to limit participation in or payment of services by reason of conscience or religion. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: That it be referred to Committee on Children & Family Services & Corrections without recommendation. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Franklin, Keiser, Parlette and Thibaudeau.
Passed to Committee on Children & Family Services & Corrections.
January 21, 2004
SB 5879 Prime Sponsor, Prentice: Strengthening conscience clauses. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: That it be referred to Committee on Children & Family Services & Corrections without recommendation. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Franklin, Keiser, Parlette and Thibaudeau.
Passed to Committee on Children & Family Services & Corrections
January 21, 2004
SB 6131 Prime Sponsor, Poulsen: Providing incentives to support renewable energy. Reported by Committee on Natural Resources, Energy & Water
MAJORITY recommendation: That Substitute Senate Bill No. 6131 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Fraser, Hargrove, Honeyford, Oke and Regala.
Passed to Committee on Ways & Means.
January 21, 2004
SB 6136 Prime Sponsor, McCaslin: Authorizing use of electronic tracking devices for law enforcement purposes. Reported by Committee on Judiciary
MAJORITY recommendation: That Substitute Senate Bill No. 6136 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline and Roach.
Passed to Committee on Rules for second reading.
January 21, 2004
SB 6213 Prime Sponsor, Hargrove: Making technical, clarifying, and nonsubstantive changes to mental health advance directive provisions. Reported by Committee on Children & Family Services & Corrections
MAJORITY recommendation: Do pass. Signed by Senators Stevens, Chair; Parlette, Vice Chair; Carlson, Deccio, Hargrove, McAuliffe and Regala.
Passed to Committee on Rules for second reading.
January 21, 2004
SB 6340 Prime Sponsor, Prentice: Protecting the right to freedom from discrimination based upon religious beliefs. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass without recommendation. Signed by Senators Esser, Vice Chair; Brandland, Haugen, Johnson, Kline and Thibaudeau.
MINORITY recommendation: Do not pass to Financial Services, Insurance & Housing. Signed by Senator Roach.
Passed to Committee on Financial Services, Insurance & Housing.
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.
GUBERNATORIAL APPOINTMENTS
August 13, 2003
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation:
James Carvo appointed July 25, 2003 for the term ending September 30, 2005 as a member of the Board of Trustees for Yakima Valley Community College District No. 16.
Sincerely,
GARY LOCKE, Governor
Referred to Committee Higher Education.
October 1, 2003
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation:
A. Daniel O’Neal appointed November 1, 2003 for the term ending June 30, 2009 as a member of the Transportation Commission.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Highways & Transportation.
December 19, 2003
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation:
Bonita K. Decker reappointed December 19, 2003 for the term ending July 1, 2008 as a member of the Board of Trustees for the State School for the Deaf.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Education.
January 6, 2004
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation:
Karen Daubert appointed January 6, 2004 for the term ending December 31, 2004 as a member of the Interagency Committee for Outdoor Recreation.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Parks, Fish & Wildlife.
MOTION
On motion of Senator Esser, all measures listed on the Gubernatorial Appointments report were referred to the committees as designated.
MOTION
On motion of Senator Esser, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
January 21, 2004
MR. PRESIDENT:
The House has passed:
SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1989,
and the same is herewith transmitted.
RICHARD NATZIGER, Chief Clerk
MOTION
On motion of Senator Esser, the Senate advanced to the fifth order of business.
INTRODUCTIONS AND FIRST READING
SB 6509 by Senators Regala, Horn, Haugen, Shin and Kohl-Welles
AN ACT Relating to children on motorcycles; and amending RCW 46.37.530.
Referred to Committee on Highways & Transportation.
SB 6510 by Senators Swecker, Rasmussen, Haugen and Parlette
AN ACT Relating to farms for the future of Washington; reenacting and amending RCW 43.79A.040; and adding new sections to chapter 15.04 RCW.
Referred to Committee on Agriculture.
SB 6511 by Senators McCaslin, Fraser, Prentice and Winsley
AN ACT Relating to prohibiting certain restrictions on the location of manufactured homes; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; and adding a new section to chapter 36.01 RCW.
Referred to Committee on Financial Services, Insurance & Housing.
SB 6512 by Senators Winsley, Hargrove and McCaslin
AN ACT Relating to filing a claim of lien for utility services against the owner of a manufactured housing community; and amending RCW 35.21.290, 35.67.200, 36.94.150, 57.08.081, and 80.28.010.
Referred to Committee on Financial Services, Insurance & Housing.
SB 6513 by Senators Oke, Jacobsen, Swecker, Carlson, Brown, Fraser, Doumit, Johnson, Kline, Keiser, Haugen, Winsley and Spanel
AN ACT Relating to recreational boater education; amending RCW 79A.60.010 and 79A.25.080; adding new sections to chapter 79A.60 RCW; and prescribing penalties.
Referred to Committee on Parks, Fish & Wildlife.
SB 6514 by Senators Prentice, Winsley and Berkey; by request of Department of Financial Institutions
AN ACT Relating to necessary information for licensing actions by the department of financial institutions; and adding a new section to chapter 43.320 RCW.
Referred to Committee on Financial Services, Insurance & Housing.
SB 6515 by Senators Zarelli, Regala and Winsley; by request of Department of Revenue
AN ACT Relating to correcting errors, omissions, and inconsistencies within Title 82 RCW from chapter 168, Laws of 2003, which implemented portions of the streamlined sales and use tax agreement; amending RCW 82.08.0283, 82.08.0281, 82.08.945, 82.12.945, 82.08.0293, 82.08.037, 82.08.100, 82.12.037, 82.12.070, 82.32.060, 82.04.4284, 82.16.050, 82.14B.150, 82.58.050, 82.04.040, 82.32.520, 82.32.530, 82.02.230, 82.08.010, 82.04.050, 82.32.525, 82.08.080, and 82.04.530; amending 2003 c 168 s 902 (uncodified); reenacting and amending RCW 82.12.0277; adding new sections to chapter 82.08 RCW; adding new sections to chapter 82.12 RCW; creating a new section; providing effective dates; providing a contingent expiration date; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 6516 by Senators Zarelli, Mulliken, Kastama, Hargrove, Swecker, Schmidt, Benton, Honeyford, Sheahan, Stevens, Prentice, Roach and Rasmussen
AN ACT Relating to tax exemptions for church and church camp property; amending RCW 84.36.020 and 84.36.030; and creating a new section.
Referred to Committee on Ways & Means.
SB 6517 by Senators Horn and Kastama
AN ACT Relating to security guards; amending RCW 18.170.010 and 18.170.100; and adding a new section to chapter 18.170 RCW.
Referred to Committee on Commerce & Trade.
AN ACT Relating to the general election ballot for the office of judge of the district court; amending RCW 29A.36.170; and providing an effective date.
Referred to Committee on Judiciary.
SB 6519 by Senators Benton, Prentice, Winsley and Kline
AN ACT Relating to third party utility billings; adding a new chapter to Title 59 RCW; and prescribing penalties.
Referred to Committee on Financial Services, Insurance & Housing.
SB 6520 by Senators Brandland, T. Sheldon, McCaslin and Murray
AN ACT Relating to civil liability reform; amending RCW 4.22.070, 4.22.015, 4.56.115, 4.56.110, 19.52.025, 4.56.250, 7.70.070, 7.70.100, 4.16.350, 7.70.080, 7.70.060, 4.24.250, 43.70.510, 70.41.200, 43.70.110, 43.70.250, 51.24.035, 4.16.300, 46.61.688, 4.92.005, 4.96.010, 4.92.040, 4.92.090, and 4.92.130; adding new sections to chapter 4.24 RCW; adding new sections to chapter 4.56 RCW; adding a new section to chapter 7.04 RCW; adding new sections to chapter 7.70 RCW; adding new sections to chapter 43.70 RCW; adding new sections to chapter 7.72 RCW; and creating new sections.
Referred to Committee on Judiciary.
SB 6521 by Senators Hewitt and Berkey
AN ACT Relating to revising boundaries of a public utility district in incorporated territory; amending RCW 54.12.010; adding a new section to chapter 54.04 RCW; and declaring an emergency.
Referred to Committee on Government Operations & Elections.
SB 6522 by Senators Doumit and Swecker
AN ACT Relating to proper uses of county road funds; and amending RCW 36.82.020, 36.82.070, and 36.82.160.
Referred to Committee on Government Operations & Elections.
SB 6523 by Senators Deccio, Franklin, Pflug, Prentice, Keiser, Winsley, Thibaudeau, Rasmussen and Kohl-Welles
AN ACT Relating to school nurses; creating new sections; and making an appropriation.
Referred to Committee on Education.
SB 6524 by Senators Hargrove and Stevens; by request of Department of Social and Health Services
AN ACT Relating to guardianship of dependent children; amending RCW 13.34.030, 13.34.110, 13.34.145, 13.34.230, 13.34.231, 13.34.232, 13.34.233, 13.34.234, 13.34.235, 13.34.236, and 13.32A.030; reenacting and amending RCW 74.15.020; adding new sections to chapter 13.34 RCW; and creating a new section.
Referred to Committee on Children & Family Services & Corrections.
SB 6525 by Senators Johnson, Kohl-Welles, Deccio, McAuliffe, Winsley and Thibaudeau; by request of Superintendent of Public Instruction
AN ACT Relating to a model policy for nutrition and physical activity for public schools; creating new sections; and declaring an emergency.
Referred to Committee on Education.
SB 6526 by Senators Esser, Berkey, Johnson and Sheahan
AN ACT Relating to jurisdiction over judgments; and amending RCW 3.66.020, 3.66.040, 3.62.060, and 12.04.130.
Referred to Committee on Judiciary.
SB 6527 by Senators Johnson, Berkey, Esser and Sheahan
AN ACT Relating to attorney fees; and amending RCW 4.84.080 and 12.20.060.
Referred to Committee on Judiciary.
SB 6528 by Senators Kohl-Welles, Horn, Carlson, Shin, B. Sheldon and Roach
AN ACT Relating to prohibiting institutions of higher education from sharing students' personal information; and amending RCW 28B.10.042.
Referred to Committee on Higher Education.
SB 6529 by Senators Benton, Mulliken, Murray, Oke, Stevens, Zarelli, Esser, Hewitt, Hale, Schmidt, Johnson and Honeyford
AN ACT Relating to requiring senate confirmation of certain commission and department appointments; amending RCW 9.46.040, 9.94A.880, 18.64.001, 18.85.071, 28A.410.200, 28A.655.020, 28B.07.030, 28B.20.100, 28B.30.100, 28B.35.100, 28B.40.100, 28B.65.040, 28C.18.020, 36.102.030, 38.12.010, 39.19.030, 41.05.021, 41.06.110, 41.58.010, 42.17.350, 43.06.092, 43.06A.020, 43.17.020, 43.21B.020, 43.41.060, 43.43.020, 43.78.010, 43.97.025, 43.105.047, 43.180.040, 43.210.030, 47.01.051, 47.64.280, 49.60.050, 50.08.010, 51.52.010, 66.08.012, 67.16.012, 67.70.030, 67.70.050, 72.23.025, 72.41.020, 72.42.021, 74.18.040, 76.09.210, 77.04.030, 77.75.040, 77.85.110, 79A.05.015, 82.03.020, 88.16.010, 9.95.003, 28B.35.100, 28B.40.100, 28B.50.050, 28B.50.100, 41.64.010, 43.33A.020, 43.52.374, 43.52A.030, 43.105.800, 49.04.010, and 80.01.010; reenacting and amending RCW 28B.80.390; providing an expiration date; and providing for submission of this act to a vote of the people.
Referred to Committee on Government Operations & Elections.
SB 6530 by Senators Kohl-Welles, Pflug, Schmidt, Carlson, Johnson, McAuliffe, Rasmussen and Eide
AN ACT Relating to reporting reprimands and stayed suspensions against certificated staff; and adding a new section to chapter 28A.410 RCW.
Referred to Committee on Education.
SB 6531 by Senators Johnson, Kline and Esser; by request of Department of Social and Health Services
AN ACT Relating to estate adjudication for the department of social and health services; and amending RCW 11.28.330 and 11.28.340.
Referred to Committee on Judiciary.
SB 6532 by Senators Schmidt, Shin, Kohl-Welles, Horn, B. Sheldon and Winsley
AN ACT Relating to establishing a tuition and fees payment plan at colleges and universities; adding a new section to chapter 28B.15 RCW; and creating a new section.
Referred to Committee on Higher Education.
SB 6533 by Senators Spanel, Honeyford, Prentice, Keiser and Rasmussen
AN ACT Relating to establishing a benefit year based on employment in certain fishing-related industries assigned the North American industry classification system codes "1141" and "3117"; and amending RCW 50.04.030.
Referred to Committee on Commerce & Trade.
SB 6534 by Senators Hargrove and Mulliken
AN ACT Relating to the siting and designating processes of industrial land banks; and amending RCW 36.70A.367.
Referred to Committee on Land Use & Planning.
SB 6535 by Senators Mulliken, T. Sheldon, Zarelli, Benton and Carlson
AN ACT Relating to motorcycle helmet use; and amending RCW 46.37.530 and 46.37.535.
Referred to Committee on Highways & Transportation.
SB 6536 by Senators Deccio, Winsley and Thibaudeau; by request of Home Care Quality Authority
AN ACT Relating to further reaffirmation and clarification of individual providers' work roles as nonstate employees, excluding these workers from specific provisions under Title 41 RCW; and amending RCW 74.39A.240 and 74.39A.270.
Referred to Committee on Health & Long-Term Care.
SB 6537 by Senators McAuliffe, Fraser, Thibaudeau, Schmidt, Franklin, Keiser, Jacobsen, B. Sheldon and Winsley
AN ACT Relating to school start times; creating new sections; and providing an expiration date.
Referred to Committee on Education.
SB 6538 by Senators Fraser and Roach
AN ACT Relating to inspection of campaign accounts; and amending RCW 42.17.080.
Referred to Committee on Government Operations & Elections.
SB 6539 by Senators Hewitt, Jacobsen, Honeyford, Haugen, Carlson, Kline, Winsley and Parlette
AN ACT Relating to economic development of historic county courthouses; adding a new section to chapter 27.34 RCW; creating a new section; making an appropriation; and providing an effective date.
Referred to Committee on Economic Development.
SB 6540 by Senators Haugen, Benton, T. Sheldon, Poulsen, Spanel, Winsley, Jacobsen and Kastama
AN ACT Relating to state transportation bond payment revenue; and adding a new section to chapter 39.42 RCW.
Referred to Committee on Highways & Transportation.
AN ACT Relating to property that has been specifically devised; and adding a new section to chapter 11.12 RCW.
Referred to Committee on Judiciary.
SB 6542 by Senators Benton and Berkey; by request of Secretary of State
AN ACT Relating to broadcast of legal notices; amending RCW 65.16.130 and 65.16.150; and repealing RCW 65.16.140.
Referred to Committee on Judiciary.
SJM 8033 by Senators Brown, McCaslin and Fraser
Petitioning Idaho concerning the Basin Environmental Improvement Project Commission.
Referred to Committee on Natural Resources, Energy & Water.
SJM 8034 by Senators Benton, T. Sheldon, Swecker, Roach, Deccio, Esser and Stevens
Requesting that the congressional delegation of the state of Washington work to make the federal tax cuts permanent.
Referred to Committee on Ways & Means.
SJM 8035 by Senators Benton, T. Sheldon, Swecker, Swecker, Pflug, Roach, T. Sheldon, Deccio, Esser and Stevens
Requesting the United States senators of the state of Washington to support a floor vote for President Bush's judicial nominees.
Referred to Committee on Judiciary.
SJM 8036 by Senators Benton, T. Sheldon, Swecker, Oke, Morton, Deccio, Roach, Parlette, Hale and Esser
Requesting the congressional delegation of the state of Washington to support the president's effort to protect the United States from terrorists and the proliferation of weapons of mass destruction.
Referred to Committee on Judiciary.
SJM 8037 by Senators Benton, Roach, Swecker and Esser
Requesting that the congressional delegation of the state of Washington work to pass a permanent ban on Internet access taxes.
Referred to Committee on Technology & Communications.
SJM 8038 by Senators Benton, Pflug, Swecker, Oke, Roach, Hale, Deccio, Parlette, T. Sheldon, Esser, Rasmussen and Stevens
Requesting the congressional delegation of the state of Washington to work to abolish the death tax permanently.
Referred to Committee on Ways & Means.
SJR 8221 by Senators Brandland, T. Sheldon, McCaslin, Murray and Oke
Authorizing the legislature to limit noneconomic damages.
Referred to Committee on Judiciary.
INTRODUCTIONS AND FIRST READING OF HOUSE BILL
2ESHB 1989 by House Committee on Education (originally sponsored by Representatives McDermott, Talcott, Quall, Hunter, Kenney and Rockefeller; by request of Governor Locke)
Changing the learning assistant program.
Referred to the Committee on Education.
MOTION
On motion of Senator Esser, all measures listed on the Introduction and First Reading report were referred to the committees as designated.
MOTIONS
On motion of Senator Esser, the Senate advanced to the eighth order of business.
On motion of Senator Esser, the following resolution was adopted:
By Senator Hewitt
WHEREAS, It is the tradition of the Washington State Senate to honor those who exemplify the American spirit by creating inspiration in the face of tragedy; and
WHEREAS, On September 11, 2001, the United States of America was struck with tragedy as terrorists hijacked four flights, one was brought down over Pennsylvania, one crashed into the Pentagon, and two were deliberately flown into the twin towers of the World Trade Center in New York City; and
WHEREAS, These acts of terrorism led to the deaths of thousands of lives including passengers on all four flights, workers, bystanders, and first responders who tragically suffered the same fate of those they were attempting to rescue; and
WHEREAS, During the days of uncertainty following the events of September 11th, Mike Pherigo and his daughter Megan raised an American flag over State Highway 395 between Mesa and Eltopia to give a glimmer of hope to the community; and
WHEREAS, Over the course of time the flag became not only a symbol of hope for many Columbian Basin residents but also a memorial to those who lost their lives on September 11th; and
WHEREAS, Upon learning that the State Highway 395 flag, a symbol of hope, may be removed, the local community volunteered resources to keep this from happening; and
WHEREAS, The local American Legion pledged to properly care for the site, Todd Blackman of the Franklin County Public Utility District arranged the crucial lighting, and with the help of others in the community, the State Highway 395 flag remained; and
WHEREAS, The flag now has the essential arrangements to be cared for and was built to stand in perpetuity to honor those who perished that fateful day;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate honor the intent of the State Highway 395 flag, those who placed it, and those who continue to care for it; and
BE IT FURTHER RESOLVED, That copies of this resolution be transmitted by the Secretary of the Senate to Mike Pherigo, Megan Pherigo, Keith Lawler, Todd Blackman, Secretary of Transportation, Douglas MacDonald, members of the American Legion, Post 34, and to the President of the Franklin County Public Utility District, Bill Gordon.
Senator Esser spoke in favor of adoption of the resolution.
The President Pro Tempore declared the question before the Senate to be the adoption of Senate Resolution No. 8692.
The motion by Senator Esser carried and the resolution was adopted by voice vote.
MOTION
At 12:05 p.m., on motion of Senator Esser, the Senate adjourned until 12:00 noon, Friday, January 23, 2004.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, JR., Secretary of the Senate