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TWELFTH DAY
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NOON SESSION
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Senate Chamber, Olympia, Friday, January 23, 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 Pflug, 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
E2SSB 5364 Prime Sponsor, Committee on Ways & Means: Promoting economic development and community revitalization. Reported by Committee on Ways & Means
MAJORITY Recommendation: That Third Substitute Senate Bill No. 5364 be substituted therefor, and the third substitute bill do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget, Chair; Carlson; Honeyford; Johnson; Regala; Roach; Sheahan; Sheldon, B. and Winsley.
Passed to Committee on Rules for second reading.
January 22, 2004
SB 6076 Prime Sponsor, Esser: Revising provisions for committees of members of nonprofit corporations. Reported by Committee on Judiciary
MAJORITY recommendation: 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 22, 2004
SB 6105 Prime Sponsor, McCaslin: Revising penalties for animal cruelty. Reported by Committee on Judiciary
MAJORITY recommendation: That Substitute Senate Bill No. 6105 be substituted therefor, and the substitute bill do pass. Signed by Senators Esser, Vice Chair; Brandland, Haugen, Johnson, Kline, Roach and Thibaudeau.
Passed to Committee on Rules for second reading.
January 22, 2004
SB 6106 Prime Sponsor, Rasmussen: Including severability clauses in commodity commission statutes. Reported by Committee on Agriculture
MAJORITY recommendation: Do pass. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Jacobsen, Rasmussen and Sheahan.
Passed to Committee on Rules for second reading.
January 22, 2004
SB 6108 Prime Sponsor, Sheahan: Applying pesticides. Reported by Committee on Agriculture
MAJORITY recommendation: That Substitute Senate Bill No. 6108 be substituted therefor, and the substitute bill do pass. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Jacobsen, Rasmussen and Sheahan.
Passed to Committee on Rules for second reading.
January 22, 2004
SB 6125 Prime Sponsor, Morton: Conservancy board voting. Revised for 1st Substitute: Providing for alternate members of a water conservancy board. Reported by Committee on Natural Resources, Energy & Water
MAJORITY recommendation: That Substitute Senate Bill No. 6125 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Hargrove and Honeyford.
Minority Report: Do not pass. Signed by Senator Fraser.
Passed to Committee on Rules for second reading.
January 22, 2004
SB 6126 Prime Sponsor, Swecker: Promoting Washington-grown apples. Reported by Committee on Agriculture
MAJORITY recommendation: Do pass. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Rasmussen and Sheahan.
Passed to Committee on Rules for second reading.
January 22, 2004
SB 6127 Prime Sponsor, Swecker: Promoting Washington state agriculture. Reported by Committee on Agriculture
MAJORITY recommendation: Do pass. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Rasmussen and Sheahan.
Passed to Committee on Rules for second reading.
January 22, 2004
SB 6129 Prime Sponsor, Carlson: Changing membership on the higher education coordinating board. Reported by Committee on Higher Education
MAJORITY recommendation: That Substitute Senate Bill No. 6129 be substituted therefor, and the substitute bill do pass. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Kohl-Welles, Pflug, B. Sheldon and Shin.
Passed to Committee on Rules for second reading.
January 22, 2004
SB 6130 Prime Sponsor, Esser: Granting additional rights and powers to nonprofit miscellaneous and mutual corporations. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline, Roach and Thibaudeau.
Passed to Committee on Rules for second reading.
January 21, 2004
SB 6132 Prime Sponsor, Morton: Providing tax incentives for solar energy systems. Reported by Committee on Natural Resources, Energy & Water
MAJORITY recommendation: That Substitute Senate Bill No. 6132 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 22, 2004
SB 6138 Prime Sponsor, Kohl-Welles: Developing a master plan for education from prekindergarten through university. Reported by Committee on Higher Education
MAJORITY recommendation: That Substitute Senate Bill No. 6138 be substituted therefor, and the substitute bill do pass. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Kohl-Welles, B. Sheldon and Shin.
Passed to Committee on Rules for second reading.
January 22, 2004
SB 6140 Prime Sponsor, Morton: Exempting uninhabited electric utility facilities from short plats and subdivision requirements. Reported by Committee on Land Use & Planning
MAJORITY recommendation: That Substitute Senate Bill No. 6140 be substituted therefor, and the substitute bill do pass. Signed by Senators Mulliken, Chair; Kline, Morton and Murray.
Passed to Committee on Rules for second reading.
January 22, 2004
SB 6143 Prime Sponsor, Kastama: Determining eligibility for veteran's regular or special license plates. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
January 22, 2004
SB 6148 Prime Sponsor, Haugen: Authorizing special license plates to honor law enforcement officers killed in the line of duty. Reported by Committee on Highways & Transportation
MAJORITY recommendation: That Substitute Senate Bill No. 6148 be substituted therefor, and the substitute bill 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 6239 Prime Sponsor, Zarelli: Modifying high technology and research and development tax incentive provisions. Reported by Committee on Ways & Means
MAJORITY recommendation: That Substitute Senate Bill No. 6239 be substituted therefor, and the substitute bill do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Hale, Honeyford, Johnson, Rasmussen, Roach, Sheahan and Winsley.
Minority Report: Do not pass. Signed by Senators Fairley, Fraser and Regala.
Passed to Committee on Rules for second reading.
January 21, 2004
SB 6240 Prime Sponsor, T. Sheldon: Providing tax incentives in rural counties. Revised for 1st Substitute: Modifying tax incentive provisions for rural counties. Reported by Committee on Ways & Means
MAJORITY recommendation: That Substitute Senate Bill No. 6240 be substituted therefor, and the substitute bill do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Hale, Honeyford, Johnson, Prentice, Rasmussen, Roach, Sheahan and Winsley.
Passed to Committee on Rules for second reading.
January 22, 2004
SB 6268 Prime Sponsor, Kohl-Welles: Permitting a college or university to maintain a diverse student population by considering race, color, ethnicity, or national origin in the admission and transfer process without using quotas, predetermined points, or set asides. Reported by Committee on Higher Education
MAJORITY recommendation: That Substitute Senate Bill No. 6268 be substituted therefor, and the substitute bill do pass and be referred to Committee on Judiciary. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Kohl-Welles, B. Sheldon and Shin.
Passed to Committee on Judiciary.
January 22, 2004
SB 6270 Prime Sponsor, Esser: Revising provisions relating to attorneys' liens. Reported by Committee on Judiciary
MAJORITY recommendation: That Substitute Senate Bill No. 6270 be substituted therefor, and the substitute bill do pass. Signed by Senators Esser, Vice Chair; Hargrove, Haugen, Johnson, Kline, Roach and Thibaudeau.
Minority Report: Do not pass. Signed by Senator Brandland.
Passed to Committee on Rules for second reading.
January 22, 2004
SB 6325 Prime Sponsor, Haugen: Adjusting provisions of the special license plate law. Reported by Committee on Highways & Transportation
MAJORITY recommendation: That Substitute Senate Bill No. 6325 be substituted therefor, and the substitute bill do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules for second reading.
January 22, 2004
SB 6378 Prime Sponsor, Esser: Prohibiting unauthorized recording of motion pictures. Reported by Committee on Judiciary
MAJORITY recommendation: 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.
MOTION
On motion of Senator Pflug, all measures listed on the Standing Committee report were referred to the committees as designated.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
January 22, 2004
SGA 9267 DALE STEDMAN, appointed November 1, 2003, for the term ending June 30, 2008, as a member of the Transportation Commission.
Reported by Committee on Highways & Transportation
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Kastama, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules.
January 22, 2004
SGA 9277 DANIEL O'NEAL, appointed November 1, 2003, for the term ending June 30, 2009, as a member of the Transportation Commission.
Reported by Committee on Highways & Transportation
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Kastama, Murray, Oke, Poulsen and Spanel.
Passed to Committee on Rules.
MOTION
On motion of Senator Pflug, all Gubernatorial Appointments listed on the Standing Committee report were referred to the committees as designated.
MOTION
On motion of Senator Pflug, the Senate advanced to the fifth order of business.
INTRODUCTIONS AND FIRST READING
SB 6543 by Senators Carlson, Oke, Shin, Jacobsen and Haugen
AN ACT Relating to annexing park districts; and amending RCW 35.61.010 and 35.61.020.
Referred to Committee on Parks, Fish & Wildlife.
SB 6544 by Senators Winsley, Brown and Regala; by request of Department of Revenue
AN ACT Relating to conforming Washington's tax structure to portions of the streamlined sales and use tax agreement not implemented by chapter 168, Laws of 2003; amending RCW 82.32.020 and 82.32.030; amending 2003 c 168 s 902 (uncodified); reenacting and amending RCW 82.14.020; adding new sections to chapter 82.32 RCW; adding a new section to chapter 82.14 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; creating a new section; providing effective dates; and providing contingent effective dates.
Referred to Committee on Ways & Means.
SB 6545 by Senators Schmidt, Eide and Esser
AN ACT Relating to the treatment of confidential and proprietary information filed with the utilities and transportation commission and the attorney general; amending RCW 80.04.095; reenacting and amending RCW 42.17.310 and 42.17.310; providing an effective date; and providing an expiration date.
Referred to Committee on Technology & Communications.
SB 6546 by Senators Prentice and Benton
AN ACT Relating to the confidentiality of compliance review documents and release of records by nonbank financial service companies; and adding a new chapter to Title 19 RCW.
Referred to Committee on Financial Services, Insurance & Housing.
SB 6547 by Senators Honeyford, Mulliken and Hewitt
AN ACT Relating to adding to the electrical board one representative of each of the following: Outside journeyman lineman, industrial electricians, owners or managers of appliance repair contractors, and owners or managers of heating, ventilation, and air conditioning contractors; and amending RCW 19.28.311.
Referred to Committee on Commerce & Trade.
SB 6548 by Senators Honeyford, Hewitt, Mulliken and Sheahan
AN ACT Relating to wildlife crop damage; amending RCW 77.36.080; amending 2001 c 274 s 5 (uncodified); and providing an expiration date.
Referred to Committee on Natural Resources, Energy & Water.
SB 6549 by Senators Hargrove, Horn, Franklin, Keiser, Shin, B. Sheldon, Eide, Fairley, Kohl-Welles, Rasmussen, Thibaudeau, Regala, Poulsen, Prentice, Berkey, McAuliffe, Doumit, Kastama, Haugen and Johnson
AN ACT Relating to display of the United States flag; and amending RCW 1.20.015.
Referred to Committee on Highways & Transportation.
SB 6550 by Senators Rasmussen, Winsley, Kastama, Oke and Regala
AN ACT Relating to the implementation date of existing lodging taxes; amending RCW 67.28.181 and 67.28.200; and creating a new section.
Referred to Committee on Government Operations & Elections.
SB 6551 by Senators Thibaudeau, Winsley, Fairley, Spanel, Kohl-Welles, B. Sheldon, Franklin, Doumit, Brown, Fraser, McAuliffe, Shin, Keiser, Kline, Poulsen, Regala, Berkey, Eide, Prentice and Rasmussen
AN ACT Relating to expanding access to health insurance coverage; amending RCW 70.47.010, 70.47.020, 70.47.030, and 70.47.060; adding new sections to chapter 70.47 RCW; adding a new section to chapter 48.21 RCW; adding a new section to chapter 48.44 RCW; adding a new section to chapter 48.46 RCW; adding a new section to chapter 74.09 RCW; adding a new chapter to Title 50 RCW; and creating new sections.
Referred to Committee on Health & Long-Term Care.
SB 6552 by Senators Murray, Haugen, Esser, Oke, Swecker and Rasmussen; by request of Department of Social and Health Services and Department of Health
AN ACT Relating to specialized commercial vehicles used for patient transportation; and amending RCW 18.73.180.
Referred to Committee on Health & Long-Term Care.
SB 6553 by Senators Deccio, Keiser, Parlette, Winsley, Thibaudeau and Kline; by request of Department of Health
AN ACT Relating to health professions disciplinary procedures; amending RCW 18.130.060, 18.130.090, and 18.130.190; adding a new section to chapter 18.130 RCW; and providing an effective date.
Referred to Committee on Health & Long-Term Care.
SB 6554 by Senators Franklin, Parlette, Keiser, Winsley and Thibaudeau; by request of Department of Health
AN ACT Relating to eliminating credentialing barriers for health professions; amending RCW 18.06.050, 18.29.021, 18.29.180, 18.34.070, 18.79.160, 18.83.050, 18.83.070, 18.83.072, 18.83.082, and 18.83.170; adding a new section to chapter 18.79 RCW; and creating a new section.
Referred to Committee on Health & Long-Term Care.
SB 6555 by Senators Franklin, Keiser and Thibaudeau; by request of Department of Health
AN ACT Relating to eliminating credentialing barriers for sex offender treatment providers; amending RCW 4.24.556, 18.155.020, 18.155.030, and 18.155.040; reenacting and amending RCW 18.130.040; and adding a new section to chapter 18.155 RCW.
Referred to Committee on Health & Long-Term Care.
SB 6556 by Senators Keiser and Winsley; by request of Department of Health
AN ACT Relating to removing certificate of need limitations on bed capacity and redistribution for federally certified critical access hospitals; and amending RCW 70.38.105.
Referred to Committee on Health & Long-Term Care.
SB 6557 by Senators Schmidt, Eide and Esser
AN ACT Relating to certain data reporting requirements by competitively classified local exchange companies; and amending RCW 80.04.530.
Referred to Committee on Technology & Communications.
SB 6558 by Senators Mulliken, Shin, Deccio, Winsley and Kohl-Welles
AN ACT Relating to increasing the operating fee waiver authority for Central Washington University; amending RCW 28B.15.910; and providing an effective date.
Referred to Committee on Higher Education.
SB 6559 by Senators Stevens and Hargrove
AN ACT Relating to provision of cash grants, case staffing, and work requirements to families eligible for temporary assistance for needy families; amending RCW 74.08A.260; and creating a new section.
Referred to Committee on Children & Family Services & Corrections.
SB 6560 by Senators Oke, Fraser, Swecker, Kline, Kohl-Welles, Jacobsen, Thibaudeau, Fairley and Winsley
AN ACT Relating to animal cruelty; amending RCW 16.52.205 and 16.52.207; adding a new section to chapter 77.12 RCW; and prescribing penalties.
Referred to Committee on Judiciary.
SB 6561 by Senators Carlson, McAuliffe and Kohl-Welles
AN ACT Relating to strengthening linkages between K-12 and higher education systems; creating a new section; and providing an expiration date.
Referred to Committee on Higher Education.
SB 6562 by Senators Mulliken and Parlette
AN ACT Relating to water pollution control; and amending RCW 90.48.010 and 90.48.080.
Referred to Committee on Natural Resources, Energy & Water.
SB 6563 by Senators Schmidt, McAuliffe, Stevens, Keiser and Haugen
AN ACT Relating to the use of Paine Field for commercial passenger air service; creating a new section; and making an appropriation.
Referred to Committee on Highways & Transportation.
SB 6564 by Senators Kline, Esser, Franklin, Roach, Berkey, Shin, Kastama, Prentice, Brandland, Regala, Johnson, Keiser, Thibaudeau and Winsley
AN ACT Relating to driver's licenses; amending RCW 46.63.110 and 46.64.025; and reenacting and amending RCW 46.20.391.
Referred to Committee on Judiciary.
SB 6565 by Senators Kline, Kastama, Haugen, McCaslin, Esser, Spanel and Jacobsen
AN ACT Relating to administrative procedures for abandoned vehicles; amending RCW 46.12.101, 46.12.102, 46.55.100, 46.55.120, and 46.55.140; and prescribing penalties.
Referred to Committee on Highways & Transportation.
SB 6566 by Senators Jacobsen, Kohl-Welles, Carlson, Shin and Horn
AN ACT Relating to an intercollegiate and community swim facility; creating a new section; and making an appropriation.
Referred to Committee on Higher Education.
SB 6567 by Senators Deccio, Franklin, Winsley and Prentice
AN ACT Relating to the nursing care quality assurance commission; and amending RCW 18.79.070.
Referred to Committee on Health & Long-Term Care.
SB 6568 by Senators Fraser, Winsley, Kline, Kohl-Welles, Jacobsen, B. Sheldon, Spanel, Keiser, Franklin and Thibaudeau
AN ACT Relating to directing the institute for public policy to develop a proposal for establishing a Washington state women's history center or information network; creating new sections; providing an effective date; and declaring an emergency.
Referred to Committee on Higher Education.
SB 6569 by Senators Fraser, Winsley, Fairley, Kline and Kohl-Welles
AN ACT Relating to donation of surplus construction property to nonprofit corporations; amending RCW 43.19.1919 and 39.12.020; adding a new section to chapter 43.19 RCW; and creating a new section.
Referred to Committee on Government Operations & Elections.
SB 6570 by Senators Shin, Schmidt, Berkey, Keiser and Fairley
AN ACT Relating to local regulation of siting essential public facilities; amending RCW 36.70A.200; and creating a new section.
Referred to Committee on Land Use & Planning.
MOTION
On motion of Senator Pflug, all measures listed on the Introduction and First Reading report were referred to the committees as designated.
MOTION
At 12:04 p.m., on motion of Senator Pflug, the Senate adjourned until 10:00 a.m., Monday, January 26, 2004.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, JR., Secretary of the Senate