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SIXTEENTH DAY
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NOON SESSION
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Senate Chamber, Olympia, Tuesday, January 27, 2004
The Senate was called to order at 12:00 noon by President Owen. 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 26, 2004
SB 6165 Prime Sponsor, Benton: Allowing the higher education coordinating board to establish rules for promise scholarship awards to individuals with special needs. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Horn, Kohl-Welles, Pflug, B. Sheldon and Shin.
Passed to Committee on Rules for second reading.
January 26, 2004
SB 6234 Prime Sponsor, Oke: Concerning nonhighway and off-road vehicles. Reported by Committee on Parks, Fish & Wildlife
MAJORITY recommendation: Do pass. Signed by Senators Oke, Chair; Sheahan, Vice Chair; Doumit, Jacobsen, Morton, Spanel and Swecker.
Passed to Committee on Rules for second reading.
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.
WASHINGTON STATE AUDITOR’S OFFICE
ACCOUNTABILITY AUDIT REPORT
January 23,2004
The Washington State Auditor’s Office has submitted the following Accountability Audit Reports for the period of July 1, 2003 through June 30, 2003.
Report No. 6380: Green River Community College
Report No. 6381: Walla Walla Community College
Report No. 6382: Center for Information Services
Report No. 6383: Everett Community College
Report No. 6384: Bates Technical College
Report No. 6385: Washington State University
BRIAN SONNTAG, Washington State Auditor
January 22, 2004
Mr. Milton H. Doumit, Jr.
Secretary of the Senate
P. O. Box 40482
Olympia, Washington 98504-0482
Dear Mr. Doumit:
This letter serves as formal notification from the Department of Revenue to the Legislature that a Memorandum of Agreement regarding an affirmative final decision to site a significant commercial airplane final assembly facility in Washington State was signed by Governor Gary Locke on December 19, 2003. Chapter 1, Laws of 2003 2nd sp. sess. took effect December 1, 2003, in accordance with RCW 82.32.550.
A copy of the notarized signature page to the Memorandum of Agreement, containing the signatures of the Governor and the authorized representative of the manufacturer of commercial airplanes and date of signing, is enclosed.
The Department requests that the Code Reviser publish December 1, 2003, as the effective date the chapter 1, Laws of 2003 2nd sp. sess., beginning with the 2004 publication of the Revised Code of Washington.
Thank you for your consideration.
Sincerely,
RUSS BRUBAKER, Assistant Director
Enclosure
STATE OF WASHINGTON
State of Washington, County of Snohomish
Before me, the undersigned, a Notary Public, in and for said county, in said state, personally appeared Gary F. Locke, as Governor of the State of Washington whose name is signed to the foregoing MOA, and who is known to me, being first duly sworn, acknowledged before me on this day that, being informed of the contents of said MOA, makes oath that he, as such official and with full authority, has read the foregoing MOA and knows the contents thereof, executed the same voluntarily for and as the act of said State of Washington on this date.
Subscribed and sworn to before me on this 19th Day of December, 2003.
SARAH J. SNYDER, Notary Public
THE BOEING COMPANY
STATE OF WASHINGTON
State of Washington, County of Snohomish
Before me, this undersigned, a Notary Public, in and for said county, in said state, personally appeared Michael B. Bair, Sr: rp 737 of The Boeing Company, whose name is signed to the foregoing MOA, and who is known to me, being first duly sworn, acknowledged before me on this day that, being informed of the contents of said MOA, makes oath that he, as such official and with full authority, has read the foregoing MOA and knows the contents thereof, executed the same voluntarily for and as the act of The Boeing Company on this date.
Subscribed and sworn to before me on this 19th day of December, 2003.
SARAH SNYDER, Notary Public
MOTION
On motion of Senator Esser, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
January 26, 2004
MR. PRESIDENT:
The House has passed the following bill:
HOUSE JOINT MEMORIAL NO. 4031,
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
There being no objection, the Senate advanced to the fifth order of business.
INTRODUCTIONS AND FIRST READING
SB 6600 by Senators Brandland, T. Sheldon, Hale, Stevens and Murray
AN ACT Relating to construction liability; and amending RCW 51.24.035 and 4.16.300.
Referred to Committee on Judiciary.
SB 6601 by Senators Brandland, T. Sheldon, Stevens, Roach, Murray and Oke
AN ACT Relating to obesity lawsuits; and adding a new section to chapter 7.72 RCW.
Referred to Committee on Judiciary.
SB 6602 by Senators Brandland, T. Sheldon, Stevens and Murray
AN ACT Relating to products liability; and adding a new section to chapter 7.70 RCW.
Referred to Committee on Judiciary.
SB 6603 by Senators Brandland, T. Sheldon, Stevens and Murray
AN ACT Relating to manufacturer liability; and adding a new section to chapter 7.72 RCW.
Referred to Committee on Judiciary.
SB 6604 by Senators Kastama, Swecker, Poulsen, Shin and B. Sheldon
AN ACT Relating to value pricing for limited access highway lanes; and adding new sections to chapter 47.56 RCW.
Referred to Committee on Highways & Transportation.
SB 6605 by Senators Mulliken, Honeyford, Swecker and Horn
AN ACT Relating to the exclusive authority of the state to establish minimum wage and hour standards; amending RCW 49.46.120; and providing an effective date.
Referred to Committee on Commerce & Trade.
SB 6606 by Senators Roach, Hargrove, Mulliken, Swecker and Stevens
AN ACT Relating to the equal access to justice act; amending RCW 4.84.340, 4.84.350, and 4.84.360; and adding new sections to chapter 4.84 RCW.
Referred to Committee on Government Operations & Elections.
AN ACT Relating to directing the department of labor and industries to develop a plan to transfer the regulation of heating, ventilating, air conditioning, and refrigeration specialty contractors from the electrical board; and creating a new section.
Referred to Committee on Commerce & Trade.
SB 6608 by Senators Thibaudeau, Hargrove, Rasmussen, Winsley, Prentice and Kohl-Welles
AN ACT Relating to establishing a relationship and accountability among Washington state and American Indian tribes regarding health care services; adding a new chapter to Title 43 RCW; and repealing RCW 43.70.590.
Referred to Committee on Health & Long-Term Care.
SB 6609 by Senators Hargrove, Brandland, Regala, Franklin and Rasmussen
AN ACT Relating to sealing juvenile records; and reenacting and amending RCW 13.50.050.
Referred to Committee on Children & Family Services & Corrections.
SB 6610 by Senators Fraser, Winsley and Rasmussen
AN ACT Relating to transferring service credit into the Washington school employees' retirement system, plan 2; and amending RCW 41.40.750.
Referred to Committee on Ways & Means.
SB 6611 by Senators Honeyford and Benton
AN ACT Relating to excluding the value of rebates from sales and use taxation; amending RCW 82.08.010 and 82.08.010; providing an effective date; providing an expiration date; and declaring an emergency.
Referred to Committee on Ways & Means.
AN ACT Relating to priorities of the statewide multimodal transportation plan; amending RCW 47.06.050; creating a new section; and declaring an emergency.
Referred to Committee on Highways & Transportation.
AN ACT Relating to charging manufactured housing communities for water and sewer connections; and amending RCW 35.91.040, 36.94.140, and 57.08.081.
Referred to Committee on Financial Services, Insurance & Housing.
SB 6614 by Senators Poulsen, Murray, Hewitt, Sheahan and Brown
AN ACT Relating to damages for unauthorized impounds; and amending RCW 46.55.120.
Referred to Committee on Highways & Transportation.
SB 6615 by Senators Honeyford, Mulliken, Rasmussen and Prentice
AN ACT Relating to employment of workers with developmental disabilities; and amending RCW 51.16.120.
Referred to Committee on Commerce & Trade.
SB 6616 by Senators Kline, McCaslin, Parlette, Regala, Doumit and Winsley
AN ACT Relating to actions subject to mandatory arbitration; and reenacting and amending RCW 7.06.020.
Referred to Committee on Judiciary.
SB 6617 by Senators Kline, Keiser, Regala and Prentice
AN ACT Relating to penalties for corporate crimes; adding a new chapter to Title 23B RCW; and prescribing penalties.
Referred to Committee on Judiciary.
SB 6618 by Senators Prentice, Winsley and Regala
AN ACT Relating to contractor surety bonds; and amending RCW 18.27.040.
Referred to Committee on Commerce & Trade.
SB 6619 by Senators Honeyford, Jacobsen, Haugen, Winsley, Kohl-Welles and Oke; by request of Office of Financial Management
AN ACT Relating to fiscal impact statements on ballot measures; and amending RCW 29.79.075.
Referred to Committee on Government Operations & Elections.
SB 6620 by Senators Morton, Jacobsen, Swecker and Rasmussen
AN ACT Relating to the real estate excise tax administration of water rights; amending RCW 82.45.090; and providing an effective date.
Referred to Committee on Natural Resources, Energy & Water.
AN ACT Relating to real estate brokers' and salespersons' exemptions from licensing; and amending RCW 18.85.110.
Referred to Committee on Commerce & Trade.
AN ACT Relating to the distribution of privilege taxes paid by nonhydroelectric generating facilities; and amending RCW 54.28.050.
Referred to Committee on Natural Resources, Energy & Water.
AN ACT Relating to insurable interests and employer-owned life insurance; amending RCW 48.18.010, 48.18.030, and 48.18.060; and adding new sections to chapter 48.18 RCW.
Referred to Committee on Financial Services, Insurance & Housing.
SB 6624 by Senators Spanel and Roach
AN ACT Relating to accessory dwelling units in counties with populations of less than twenty thousand, one incorporated city, and growth rates in excess of thirty percent; and amending RCW 43.63A.215.
Referred to Committee on Land Use & Planning.
SB 6625 by Senators Pflug, Esser and Spanel
AN ACT Relating to tax incentives for certain multiple-unit dwellings in urban centers; and amending RCW 84.14.010 and 84.14.020.
Referred to Committee on Land Use & Planning.
SB 6626 by Senators Fairley, Kohl-Welles, Keiser, Poulsen, Kline, Fraser, Thibaudeau, Rasmussen, Prentice and McAuliffe
AN ACT Relating to enforcing the family care act; adding a new section to chapter 49.12 RCW; and creating a new section.
Referred to Committee on Commerce & Trade.
SB 6627 by Senators T. Sheldon, Esser, Kastama, Murray, Winsley, Schmidt, Poulsen, Haugen, Mulliken, Roach, Rasmussen and Oke
AN ACT Relating to the small business incubator program; and adding a new chapter to Title 43 RCW.
Referred to Committee on Economic Development.
SB 6628 by Senators T. Sheldon, Murray, Kastama, Esser, Winsley, Schmidt, Poulsen, Haugen, Rasmussen and Oke
AN ACT Relating to property tax exemptions for nonprofit organizations for small business incubators which assist in the creation and expansion of innovative small commercial enterprises; amending RCW 84.36.810; adding a new section to chapter 84.36 RCW; and creating new sections.
Referred to Committee on Economic Development.
SB 6629 by Senators Stevens, Esser, Haugen, Brandland and Jacobsen
AN ACT Relating to reducing the burdens of jury service to increase participation in the jury system; amending RCW 2.36.010, 2.36.080, 2.36.093, 2.36.100, and 2.36.165; adding new sections to chapter 2.36 RCW; and providing an effective date.
Referred to Committee on Judiciary.
SB 6630 by Senators Prentice, Esser and Horn
AN ACT Relating to underinsured motorist coverage; and amending RCW 48.22.030.
Referred to Committee on Financial Services, Insurance & Housing.
SB 6631 by Senators Zarelli, Prentice, Murray, Rasmussen and Winsley
AN ACT Relating to modifying tax exemptions for blood banks, bone or tissue banks, and comprehensive cancer centers; and amending RCW 82.04.324, 82.08.02805, 82.12.02747, and 84.36.035.
Referred to Committee on Ways & Means.
SB 6632 by Senators Kohl-Welles, Carlson, B. Sheldon, Schmidt, Shin, Jacobsen, Winsley and McAuliffe
AN ACT Relating to part-time faculty of community and technical colleges; amending RCW 28B.50.4892; and creating a new section.
Referred to Committee on Higher Education.
SB 6633 by Senators Rasmussen, Deccio, McAuliffe, Fairley, Regala, Eide, Doumit, Shin, Prentice, Thibaudeau, Fraser, Benton, Kline, Winsley, Kohl-Welles, Kastama, Spanel, Franklin, Jacobsen, B. Sheldon, Keiser, Mulliken, Roach and Parlette
AN ACT Relating to autism; creating new sections; and making an appropriation.
Referred to Committee on Health & Long-Term Care.
SB 6634 by Senators Rasmussen, McAuliffe, Benton, Eide, Kastama, Shin, Keiser, Spanel, Hargrove, Prentice and Oke
AN ACT Relating to enforcing the requirement to stop for a stopped school bus; amending RCW 46.61.370; adding a new section to chapter 43.59 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Highways & Transportation.
SB 6635 by Senators Rasmussen, Doumit, Franklin, Kastama, Hargrove, Haugen, Winsley and McAuliffe
AN ACT Relating to actions against health care providers under chapter 7.70 RCW; and amending RCW 7.70.100.
Referred to Committee on Judiciary.
SB 6636 by Senators Rasmussen, Swecker, Jacobsen, Brandland, Doumit, Fairley, Kohl-Welles, Eide, Fraser, Regala, Shin, Prentice, Honeyford, Kline, Thibaudeau, Poulsen, Spanel, Franklin, Keiser, Winsley, Oke and Esser
AN ACT Relating to the disposal of animals; adding a new chapter to Title 16 RCW; creating a new section; prescribing penalties; providing an expiration date; and declaring an emergency.
Referred to Committee on Agriculture.
SB 6637 by Senators Zarelli, Prentice and Rasmussen
AN ACT Relating to apportionment of gross income taxable under RCW 82.04.290 for entities engaging in business activities both within and outside this state; amending RCW 82.04.297 and 82.04.460; adding a new section to chapter 82.04 RCW; and creating a new section.
Referred to Committee on Ways & Means.
SB 6638 by Senators Roach, Rasmussen, Winsley, Benton and Oke
AN ACT Relating to the issuance of license plates to incarcerated veterans; and amending RCW 73.04.110.
Referred to Committee on Government Operations & Elections.
SB 6639 by Senators Roach, Benton, Schmidt, Esser, Mulliken, Stevens, McCaslin, Haugen and Kline
AN ACT Relating to the time for signing and receipt of absentee and mail ballots; and amending RCW 29.36.290, 29.36.310, and 29.38.050.
Referred to Committee on Government Operations & Elections.
SB 6640 by Senators Roach, Swecker, McCaslin, Schmidt, Finkbeiner, Benton, Hewitt, Johnson, Prentice, Mulliken and Kohl-Welles
AN ACT Relating to the time limit for state officials to solicit or accept contributions; and amending RCW 42.17.710.
Referred to Committee on Government Operations & Elections.
SB 6641 by Senators B. Sheldon, Oke, Spanel, Carlson, Fraser, Shin, Regala, Winsley, Kohl-Welles, Poulsen, Kline, Fairley, Jacobsen, Prentice, Haugen, Berkey, Brown, McAuliffe, Franklin, Rasmussen and Keiser
AN ACT Relating to oil spill management; amending RCW 90.56.005, 90.71.050, 88.40.025, 88.46.010, 90.56.010, 88.46.160, and 90.56.210; and creating a new section.
Referred to Committee on Natural Resources, Energy & Water.
SJM 8044 by Senators Carlson and Brown
Requesting congress to pass a federal 211 act.
Referred to Committee on Children & Family Services & Corrections.
Recognizing the flag of the former Republic of Vietnam.
Referred to Committee on Government Operations & Elections.
INTRODUCTIONS AND FIRST READING OF HOUSE BILLS
3ESHB 2195 by House Committee on Education (originally sponsored by Representatives McDermott, Talcott, Quall, Tom and Haigh)
Regarding state assessment standards.
Referred to Committee on Education.
HJM 4031 by Representatives Conway, McIntire, Kenney, Wood, Santos, Chase, Murray, Sullivan, G. Simpson, McDermott, Morrell, Kagi, Darneille and Hudgins
Urging extension of temporary extended unemployment compensation.
Held on first reading.
MOTION
On motion of Senator Esser, all measures listed on the Introduction and First Reading report were referred to the committees as designated with the exception of House Joint Memorial No. 4031 which was held at the desk.
MOTION
On motion of Senator Esser, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator B. Sheldon, the following resolution was adopted:
By Senators Horn and Esser
WHEREAS, There are 210 local chambers of commerce in the State of Washington representing approximately 55,000 small businesses which, in turn, employ over 2,800,000 citizens; and
WHEREAS, Washington State Chambers raise over $25,000,000 annually for local community enrichment projects, involving more than 15,000 volunteers who give generously of their time and talent; and
WHEREAS, Washington State Chambers managed in excess of 3,000,000 visitor and relocation inquiries last year, and at the same time served over 35,000 businesses seeking information about locating their companies in our state; and
WHEREAS, Chambers of Commerce across Washington State have served their local communities with distinction, dedication, and dignity enhancing the state's economy and improving the quality of life for its citizens;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate officially recognize the invaluable work local Chambers of Commerce provide both the economy and the citizens of this state; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the United States Chamber of Commerce in Washington D.C.
Senator B. Sheldon spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8697.
The motion be Senator B. Sheldon carried and the resolution was adopted by voice vote.
MOTION
On motion of Senator Esser, the following resolution was adopted:
By Senator Sheahan
WHEREAS, On January 14, 2004, Mr. Dennis Griner was named one of four finalists for the National Teacher of the Year Award; and
WHEREAS, Mr. Griner performs many functions at his local Garfield-Palouse High School, including 11th and 12th grade social studies teacher, technology guru, and driver's ed teacher; and
WHEREAS, Mr. Griner is currently serving as Washington State Teacher of the Year; and
WHEREAS, Teachers are a very important part of our children's lives, helping them become active, responsible citizens of our communities through not only traditional teaching activities but also by being role models for several aspects of a child's life; and
WHEREAS, Mr. Griner has shown a passionate commitment to our children's education and upbringing through putting in long hours in a small community and working tirelessly to improve his school through such projects as updating the multimedia department from one, antiquated video camera to state-of-the-art multimedia computers and editing equipment;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the State of Washington honor Mr. Griner for his commitment to the school children of his community and his desire to uphold and improve the quality of their education in many ways; and
BE IT FURTHER RESOLVED, That the Palouse School District be commended for providing an environment in which Dennis can receive such an honor from the National Teacher of the Year program; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Mr. Griner and to Garfield-Palouse High School.
Senator Esser spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8699.
The motion by Senator Esser carried and the resolution was adopted by voice vote.
MOTION
At 12:07 p.m., on motion of Senator Esser, the Senate adjourned until 10:00 a.m., Wednesday, January 28, 2004.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, JR., Secretary of the Senate