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THIRTY-NINTH DAY

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NOON SESSION

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Senate Chamber, Olympia, Thursday, February 19, 2004

The Senate was called to order at 12:00 noon by President Owen. No roll call was taken.

MOTION

On motion of Senator Sheahan, 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

February 18, 2004

ESHB 2043 Prime Sponsor, Committee on Judiciary: Changing provisions relating to dangerous dogs. Reported by Committee on Judiciary

MAJORITY recommendation: That it be referred to Committee on Health & Long-Term Care without recommendation. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson and Kline.

MINORITY recommendation: Without recommendation. Signed by Senator Thibaudeau.

Passed to Committee on Health & Long-Term Care.

February 18, 2004

SHB 2307 Prime Sponsor, Committee on Agriculture & Natural Resources: Concerning appointment to a water conservancy board. Reported by Committee on Natural Resources, Energy & Water

MAJORITY recommendation: Do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Fraser, Honeyford, Oke and Regala.

Passed to Committee on Rules for second reading.

February 18, 2004

HB 2418 Prime Sponsor, Representative Cooper: Providing benefits to certain disabled members of the law enforcement officers' and fire fighters' retirement system plan 2. Reported by Committee on Ways & Means

MAJORITY recommendation: Do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Pflug, Prentice, Rasmussen, Regala, Roach, B. Sheldon and Winsley.

Passed to Committee on Rules for second reading.

February 18, 2004

HB 2419 Prime Sponsor, Representative Simpson, G.: 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. Reported by Committee on Ways & Means

Passed to Committee on Rules for second reading.

February 18, 2004

SHB 2504 Prime Sponsor, Committee on Agriculture & Natural Resources: Concerning water policy in regions with regulated reductions in aquifer levels. Reported by Committee on Natural Resources, Energy & Water

MAJORITY recommendation: Do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Fraser, Honeyford, Oke and Regala.

Passed to Committee on Rules for second reading.

February 18, 2004

HB 2534 Prime Sponsor, Representative Fromhold: Providing death benefits for members of the Washington state patrol retirement system plan 2. Reported by Committee on Ways & Means

Passed to Committee on Rules for second reading.

February 18, 2004

SHB 2538 Prime Sponsor, Committee on Approp: 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. Reported by Committee on Ways & Means

Passed to Committee on Rules for second reading.

February 18, 2004

HB 2542 Prime Sponsor, Representative Fromhold: 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. Reported by Committee on Ways & Means

Passed to Committee on Rules for second reading.

February 18, 2004

HJM 4007 Prime Sponsor, Representative Hinkle: Requesting the issuance of an American coalminers stamp. Reported by Committee on Natural Resources, Energy & Water

MAJORITY recommendation: Do pass as amended. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Fraser, Honeyford, Oke and Regala.

Passed to Committee on Rules for second reading.

February 18, 2004

SHJM 4036 Prime Sponsor, Committee on Agriculture & Natural Resources: Requesting federal funding to help implement certain Clean Water Act requirements. Reported by Committee on Natural Resources, Energy & Water

MAJORITY recommendation: Do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Fraser, Honeyford, Oke and Regala.

Passed to Committee on Rules for second reading.

MOTION

On motion of Senator Sheahan, all measures listed on the Standing Committee report were referred to the committees as designated.

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

February 18, 2004

SGA 9209 BILL CLARKE, appointed November 1, 2003, for the term ending June 30, 2008 as a member of Pollution Control/Shoreline Hearings Board.

Reported by Committee on Natural Resources, Energy & Water

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Fraser, Honeyford, Oke and Regala.

Passed to Committee on Rules.

MOTION

On motion of Senator Sheahan, the measure listed on the Gubernatorial Appointment Standing Committee report was referred to the committee as designated.

MOTION

There being no objection, the Senate advanced to the fifth order of business.

INTRODUCTIONS AND FIRST READING OF HOUSE BILLS

ESHB 1000 by House Committee on Local Government (originally sponsored by Representatives Sullivan, Cooper, Chase, O'Brien, Haigh and Nixon)

Regulating the authority of metropolitan municipal corporations to acquire property.

Referred to Committee on Land Use & Planning.

SHB 1357 by House Committee on Finance (originally sponsored by Representatives Quall, Cairnes, Miloscia, Orcutt, Gombosky, Ahern, Grant, Roach, Hatfield, Kessler, O'Brien, Morris, Linville, Haigh, Lovick, Rockefeller, Lantz, Wood, Eickmeyer, G. Simpson, Boldt and Pflug)

Modifying the taxation of physical fitness services.

Referred to Committee on Ways & Means.

SHB 1809 by House Committee on State Government (originally sponsored by Representatives Murray, Hankins, Grant, Mastin, McDermott, Jarrett, Linville, Upthegrove, Quall, Moeller, Tom, Kessler, Lovick, Hunter, Schual-Berke, Ruderman, Dickerson, Santos, Hudgins, Haigh, Hunt, Pettigrew, Rockefeller, G. Simpson, Cody and Kenney; by request of Governor Locke)

Expanding the jurisdiction of the human rights commission.

Referred to Committee on Children & Family Services & Corrections.

2EHB 1926 by Representatives Lantz, Clibborn, Moeller, Schual-Berke, Cody, Morrell, Rockefeller, Kirby, Lovick, Kenney, Linville, Veloria, Conway, G. Simpson, Sommers and Haigh

Limiting the use of expert witnesses.

Referred to Committee on Judiciary.

2EHB 1927 by Representatives Lantz, Schual-Berke, Clibborn, Campbell, Moeller, Cody, Morrell, Rockefeller, Kirby, Lovick, Kenney, Linville, Veloria, Conway, G. Simpson, Sommers and Haigh

Concerning mandatory mediation and arbitration of health care claims. (REVISED FOR ENGROSSED: Concerning mandatory mediation of health care claims.)

Referred to Committee on Judiciary.

2ESHB 1928 by House Committee on Judiciary (originally sponsored by Representatives Lantz, Carrell, McMahan, Clibborn, Campbell, Moeller, Schual-Berke, Cody, Newhouse, Morrell, Rockefeller, Kirby, Lovick, Kenney, Linville, Veloria, Conway, G. Simpson, Sommers and Haigh)

Changing provisions relating to parties liable for damages in actions under chapter 7.70 RCW.

Referred to Committee on Judiciary.

HB 1935 by Representatives Haigh, Ahern and Hatfield

Changing prerequisites for county auditors calling special elections.

Referred to Committee on Government Operations & Elections.

E2SHB 1960 by House Committee on Transportation (originally sponsored by Representatives Murray, Jarrett, Cooper, Dickerson and Hudgins)

Governing regional transportation. Revised for 1st Substitute: Governing regional transportation. (REVISED FOR ENGROSSED: Studying regional transportation governance.) Revised for 2nd Substitute: Reforming regional transportation governance.

Referred to Committee on Highways & 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 & Elections.

E2SHB 2131 by House Committee on Finance (originally sponsored by Representatives Grant, Chandler, Upthegrove, Clements, Cooper, Armstrong and Morris)

Concerning retail sales by the liquor control board. Revised for 2nd Substitute: Modifying liquor control board provisions.

Referred to Committee on Ways & Means.

ESHB 2167 by House Committee on Transportation (originally sponsored by Representative G. Simpson)

Issuing special Washington heritage license plates.

Referred to Committee on Highways & Transportation.

SHB 2308 by House Committee on Fisheries, Ecology & Parks (originally sponsored by Representatives Schoesler and Cox)

Requiring the department of ecology to develop specific criteria for the types of solid wastes that are allowed to be received by inert waste landfills.

Referred to Committee on Natural Resources, Energy & Water.

2SHB 2406 by House Committee on Appropriations (originally sponsored by Representatives McCoy, Rockefeller, Conway, McDermott, Sullivan, Ormsby, Fromhold, Hunt, Lovick, Cooper, Haigh, Anderson, Kenney, Santos, Darneille, Chase, Moeller and Lantz)

Requiring tribal history and culture curriculum.

Referred to Committee on Education.

SHB 2431 by House Committee on Fisheries, Ecology & Parks (originally sponsored by Representatives Upthegrove, Cooper and Chase)

Establishing a Dungeness crab endorsement. Revised for 1st Substitute: Modifying Dungeness crab management provisions.

Referred to Committee on Parks, Fish & Wildlife.

ESHB 2460 by House Committee on Health Care (originally sponsored by Representatives Cody, Campbell, Kessler, Morrell, Haigh, Kenney, Santos, Hatfield, Blake, Linville, Upthegrove, G. Simpson, Moeller and Lantz)

Providing access to health insurance for small employers and their employees.

Referred to Committee on Health & Long-Term Care.

HB 2470 by Representatives Lovick and Clibborn; by request of Department of Transportation

Clarifying damages recoverable in highway accidents.

Referred to Committee on Highways & Transportation.

SHB 2475 by House Committee on Transportation (originally sponsored by Representative Murray; by request of Department of Transportation)

Facilitating enforcement of toll violations.

Referred to Committee on Highways & Transportation.

HB 2476 by Representative Murray; by request of Department of Transportation

Facilitating vehicle toll collection.

Referred to Committee on Highways & Transportation.

HB 2483 by Representatives Murray and McIntire

Modifying the disposition of title fees.

Referred to Committee on Highways & Transportation.

ESHB 2488 by House Committee on Fisheries, Ecology & Parks (originally sponsored by Representatives Cooper, Campbell, Hunt, Romero, O'Brien, Chase, Sullivan, Ruderman, Dunshee, Wood and Dickerson)

Requiring electronic product management.

Referred to Committee on Natural Resources, Energy & Water.

HB 2501 by Representatives Hunter, Cairnes and McIntire; by request of Department of Revenue

Correcting errors in and omissions from chapter 168, Laws of 2003, which implemented portions of the streamlined sales and use tax agreement.

Referred to Committee on Ways & Means.

HB 2512 by Representatives Hunter and McIntire; by request of Department of Social and Health Services and Department of Revenue

Transferring responsibility for collecting certain telephone program excise taxes from the department of social and health services to the department of revenue.

Referred to Committee on Ways & Means.

E2SHB 2518 by House Committee on Finance (originally sponsored by Representatives Kirby, Conway, Morris, Holmquist and Hinkle)

Exempting from the state public utility tax the sales of electricity to an electrolytic processing business.

Referred to Committee on Economic Development.

SHB 2532 by House Committee on Transportation (originally sponsored by Representative G. Simpson; by request of Department of Licensing)

Modifying commercial driver's license provisions.

Referred to Committee on Highways & Transportation.

HB 2541 by Representatives Conway, Fromhold and Moeller; by request of Select Committee on Pension Policy

Establishing an asset smoothing corridor for actuarial valuations used in the funding of the state retirement systems.

Referred to Committee on Ways & Means.

SHB 2660 by House Committee on Judiciary (originally sponsored by Representatives G. Simpson, Carrell, McMahan, Lovick, Kenney and Wallace; by request of Office of the Lieutenant Governor)

Revising provisions involving alcohol-related offenses.

Referred to Committee on Judiciary.

2SHB 2661 by House Committee on Appropriations (originally sponsored by Representatives G. Simpson, Newhouse, Anderson, Chase and Miloscia)

Creating a web site for information on fugitives.

Referred to Committee on Judiciary.

SHB 2662 by House Committee on Transportation (originally sponsored by Representatives Hudgins, Jarrett, Murray, Sommers, Morris, Santos, Sullivan, Wood, Pettigrew, Kenney, Romero, Chase and Edwards)

Using pictograms in transportation signs.

Referred to Committee on Highways & Transportation.

ESHB 2675 by House Committee on Technology, Telecommunications & Energy (originally sponsored by Representatives McMorris, Morris, Bush and Crouse)

Modifying electric utility tax credit provisions.

Referred to Committee on Economic Development.

ESHB 2693 by House Committee on Finance (originally sponsored by Representatives Hinkle, McIntire, Cairnes, Fromhold and Holmquist)

Modifying the taxation of timber on publicly owned land.

Referred to Committee on Ways & Means.

ESHB 2736 by House Committee on Transportation (originally sponsored by Representatives Murray, G. Simpson, Dickerson, Rockefeller and Wood)

Streamlining transportation governance.

Referred to Committee on Highways & Transportation.

ESHB 2753 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Linville and Rockefeller)

Creating a joint legislative forest management work group and requiring final sustainable harvest levels to be adopted by rule. Revised for 1st Substitute: Creating a joint legislative forest management work group and requiring final sustainable harvest levels to be adopted by rule. (REVISED FOR ENGROSSED: Studying sustainable forestry certification.)

Referred to Committee on Natural Resources, Energy & Water.

HB 2754 by Representatives Linville and Rockefeller

Preventing the sexual abuse of children by custodians.

Referred to Committee on Judiciary.

HB 2764 by Representatives Kagi, Dickerson, Moeller, Chase and Kenney

Providing for integration of services for deaf and hard of hearing children.

Referred to Committee on Education.

HB 2765 by Representatives Dickerson, Kagi, McDermott, Moeller, Talcott, Chase, Conway, Kenney and Morrell

Establishing an advisory council on early interventions for children who are deaf or hard of hearing.

Referred to Committee on Children & Family Services & Corrections.

ESHB 2772 by House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Schual-Berke, Cody, O'Brien, G. Simpson, Moeller, Dickerson, Chase and Conway)

Controlling genetic information.

Referred to Committee on Financial Services, Insurance & Housing.

SHB 2777 by House Committee on Education (originally sponsored by Representatives McDermott, Haigh and Schual-Berke)

Providing for a study of after-school programs.

Referred to Committee on Education.

ESHB 2779 by House Committee on Judiciary (originally sponsored by Representatives Clibborn, Lantz, Pettigrew, Darneille and Rockefeller)

Limiting liability for information provided by former or current employers to prospective employers.

Referred to Committee on Commerce & Trade.

SHB 2781 by House Committee on Local Government (originally sponsored by Representatives Upthegrove, Schindler, Jarrett, Clibborn and Schual-Berke)

Changing provisions relating to state agency review of development regulations. Revised for 1st Substitute: Changing provisions relating to expedited state agency review of development regulations.

Referred to Committee on Land Use & Planning.

SHB 2783 by House Committee on Trade & Economic Development (originally sponsored by Representatives Pettigrew, Skinner, O'Brien, Jarrett, Sullivan, Priest, Hunt, Cooper, Conway, Cairnes, Eickmeyer, Kirby, G. Simpson, Ruderman, Schual-Berke, Chase, Lantz, Kenney, Morrell, Wood and Murray)

Providing a property tax exemption for nonprofits that assist small businesses.

Referred to Committee on Economic Development.

E2SHB 2786 by House Committee on Appropriations (originally sponsored by Representatives Cody, Campbell, Morrell, Schual-Berke, Lantz, Clibborn, G. Simpson, Moeller, Upthegrove and Kagi)

Improving patient safety practices.

Referred to Committee on Health & Long-Term Care.

ESHB 2787 by House Committee on Health Care (originally sponsored by Representatives Kessler, Campbell, Cody, Morrell, Schual-Berke, Clibborn, Moeller, Upthegrove and Kagi)

Providing immunity from liability for licensed health care providers at community health care settings.

Referred to Committee on Health & Long-Term Care.

ESHB 2807 by House Committee on Higher Education (originally sponsored by Representatives Murray, Cox, Quall, McIntire, Kenney and Edwards)

Providing for rules concerning off-campus behavior of higher education students. Revised for 1st Substitute: Providing for regulating off-campus conduct.

Referred to Committee on Higher Education.

ESHB 2808 by House Committee on Transportation (originally sponsored by Representatives Murray, Jarrett, Hankins, Wallace, Hudgins, Cooper, Hunter, Moeller, Sullivan and Dickerson)

Authorizing a pilot project for high-occupancy toll lanes.

Referred to Committee on Highways & Transportation.

ESHB 2816 by House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Schual-Berke, Benson, G. Simpson, Clibborn, Linville, Morrell, Edwards and Kagi; by request of Insurance Commissioner)

Regulating medical malpractice liability insurance policies.

Referred to Committee on Financial Services, Insurance & Housing.

SHB 2830 by House Committee on Transportation (originally sponsored by Representatives Hudgins, Jarrett, Hatfield, Mielke, Wallace and Nixon)

Authorizing a fee for the review of driving records.

Referred to Committee on Highways & Transportation.

ESHB 2834 by House Committee on Health Care (originally sponsored by Representatives Schual-Berke, Kagi, Cody, Lantz, Linville, Morrell, Wallace, Kenney, O'Brien, Miloscia, Sommers, Rockefeller and Darneille)

Improving the discipline of health professions.

Referred to Committee on Health & Long-Term Care.

EHB 2839 by Representatives Schual-Berke, Kagi, Cody, Lantz, Linville, Morrell, Wallace, Kenney, O'Brien, Miloscia, Sommers, Rockefeller, Clibborn, Edwards and Dickerson

Creating a task force to study alternatives for resolving disputes related to injuries resulting from health care.

Referred to Committee on Judiciary.

ESHB 2879 by House Committee on Health Care (originally sponsored by Representatives Cody, Campbell and Schual-Berke; by request of Department of Health)

Revising the department of health's health professions disciplinary authority.

Referred to Committee on Health & Long-Term Care.

ESHB 2905 by House Committee on Local Government (originally sponsored by Representatives Hatfield and Jarrett)

Modifying provisions for type 1 limited areas of more intensive rural development.

Referred to Committee on Land Use & Planning.

SHB 2910 by House Committee on Transportation (originally sponsored by Representatives G. Simpson, Cooper, Woods, Hinkle and Conway)

Authorizing special license plates for fire fighters and paramedics.

Referred to Committee on Highways & Transportation.

HB 2923 by Representatives Ericksen, Dickerson, Sullivan, Nixon and G. Simpson

Authorizing magnetic levitation transportation systems.

Referred to Committee on Highways & Transportation.

HB 2934 by Representatives Wallace, Clements, Jarrett, Sump, Orcutt, Darneille, Moeller, Hudgins, Hunt, Boldt, Morrell, Campbell, Sullivan, Linville, Condotta, Newhouse, Shabro and Kenney

Limiting homeowners' associations' restrictions on the display of the flag.

Referred to Committee on Financial Services, Insurance & Housing.

ESHB 2941 by House Committee on Transportation (originally sponsored by Representatives Murray, Ericksen, Hankins, Jarrett, McDermott, Rockefeller, Morris, G. Simpson, Wood, Campbell, Sommers, Santos, Sullivan, Wallace and Clibborn)

Requiring vehicle registration at the residence address.

Referred to Committee on Highways & Transportation.

E2SHB 2955 by House Committee on Appropriations (originally sponsored by Representatives Hunter, Jarrett, Haigh, Cox, Tom, Schual-Berke, Kagi, Quall, Ruderman, Hunt, Santos, Armstrong, Nixon, O'Brien, Rockefeller, Edwards, Linville, Wallace, Conway and Morrell)

Creating a joint task force on K-12 finance.

Referred to Committee on Ways & Means.

EHB 2968 by Representatives Linville, Quall and Rockefeller

Providing excise tax deductions for governmental payments to nonprofit organizations for salmon restoration.

Referred to Committee on Ways & Means.

EHB 2987 by Representatives Roach, G. Simpson, Dunshee, Murray, Anderson, Hatfield, Cairnes, Delvin, Buck and Woods

Offering motorcycle or motor-driven cycle insurance.

Referred to Committee on Financial Services, Insurance & Housing.

HB 3029 by Representatives Fromhold, Kenney, Moeller, Quall, Lovick, Sommers, Santos, Lantz, Conway and Upthegrove

Authorizing the use of Mexican consular photo identification cards for identification purposes.

Referred to Committee on Judiciary.

EHB 3036 by Representatives Hunter, Cairnes, Roach and Nixon

Modifying unclaimed property laws for gift certificates.

Referred to Committee on Financial Services, Insurance & Housing.

ESHB 3054 by House Committee on Transportation (originally sponsored by Representatives G. Simpson, Skinner, Hankins, Wood, Rockefeller, Clibborn, Hatfield, Clements, Armstrong and Delvin)

Restoring the vehicle tire fee.

Referred to Committee on Highways & Transportation.

HB 3070 by Representatives Veloria and Chase

Modifying the appointment process for the joint legislative oversight committee on trade policy.

Referred to Committee on Commerce & Trade.

ESHB 3080 by House Committee on Appropriations (originally sponsored by Representatives Linville and Rockefeller)

Focusing the state budgeting process on outcomes and priorities.

Referred to Committee on Ways & Means.

HB 3133 by Representatives Fromhold, Orcutt, Kessler, Hatfield, Grant and Newhouse

Modifying promoters requirements for vendor tax registration.

Referred to Committee on Commerce & Trade.

SHB 3141 by House Committee on Technology, Telecommunications & Energy (originally sponsored by Representative Morris)

Establishing a policy to mitigate carbon dioxide emissions.

Referred to Committee on Natural Resources, Energy & Water.

EHB 3197 by Representatives Schual-Berke, Kagi, Cody, Lantz, Morrell, Clibborn and Rockefeller

Requiring the reporting and analysis of medical malpractice related information.

Referred to Committee on Judiciary.

EHB 3200 by Representatives Lantz, Morrell, Clibborn and Rockefeller

Limiting the time period for bringing an action for personal injury or death resulting from health care.

Referred to Committee on Judiciary.

EHB 3201 by Representatives Lantz, Morrell, Clibborn and Rockefeller

Including expert witness fees in "reasonable expenses." (REVISED FOR ENGROSSED: Modifying frivolous lawsuit provisions.)

Referred to Committee on Judiciary.

HJM 4039 by Representatives Ericksen, Dickerson, Sullivan, Campbell, Nixon, G. Simpson and Upthegrove

Requesting Congress to consider Washington for magnetic levitation transportation funding.

Referred to Committee on Highways & Transportation.

MOTION

On motion of Senator Sheahan, all measures listed on the Introduction and First Reading report were referred to the committees as designated.

MOTION

At 12:03 p.m., on motion of Senator Sheahan, the Senate adjourned until 12:00 noon, Friday, February 20, 2004.

BRAD OWEN, President of the Senate

MILTON H. DOUMIT, JR., Secretary of the Senate