SEVENTY-EIGHTH DAY

NOON SESSION

Senate Chamber, Olympia, Monday, March 28, 2005

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

 

MOTION

 

      On motion of Senator Eide, 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

 

March 23, 2005

SB 5665 5665Committee Report            Prime Sponsor, Parlette: Requiring workers to report accidents. Revised for 2nd Substitute: Implementing the joint legislative audit and review committee's recommendation on reporting industrial insurance injuries. Reported by Committee on Ways & Means

 

MAJORITY recommendation: That Second Substitute Senate Bill No. 5665 be substituted therefor, and the second substitute bill do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Doumit, Vice Chair, Operating Budget; Brandland, Fairley, Hewitt, Parlette, Pflug, Pridemore, Regala, Roach, Rockefeller, Schoesler and Zarelli

 

Passed to Committee on Rules for second reading.

 

March 23, 2005

ESHB 1031 1031-SCommittee Report       Prime Sponsor, Committee on Commerce & Labor: Providing long-term funding for problem gambling. Reported by Committee on Ways & Means

 

MAJORITY recommendation: Do pass as amended. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Doumit, Vice Chair, Operating Budget; Fairley, Pflug, Pridemore, Regala, Rockefeller and Thibaudeau

 

MINORITY recommendation: MMR Signed by Senators Brandland, Hewitt, Parlette, Roach, Schoesler and Zarelli

 

Passed to Committee on Rules for second reading.

 

March 24, 2005

2SHB 1050 1050-S2Committee Report       Prime Sponsor, Committee on Appropriations: Creating a foster care endowed scholarship program. Reported by Committee on Early Learning, K-12 & Higher Education

 

MAJORITY recommendation: Do pass. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Mulliken, Pflug, Rasmussen, Schmidt, Schoesler and Shin

 

Passed to Committee on Rules for second reading.

 

March 24, 2005

EHB 1074 1074Committee Report         Prime Sponsor, Dunshee: Increasing the administrative cap on the housing assistance program and the affordable housing program. Reported by Committee on Financial Institutions, Housing & Consumer Protection

 


MAJORITY recommendation: Do pass as amended. Signed by Senators Fairley, Chair; Berkey, Vice Chair; Franklin, Keiser, Prentice and Spanel

 

MINORITY recommendation: Do not pass. Signed by Senators Benson, Benton, Brandland, Delvin and Schmidt

 

Passed to Committee on Rules for second reading.

 

March 24, 2005

ESHB 1079 1079-SCommittee Report       Prime Sponsor, Committee on Higher Education: Establishing a foster youth postsecondary education and training coordination committee. Revised for 1st Substitute: Regarding postsecondary education and training support for foster youth. Reported by Committee on Early Learning, K-12 & Higher Education

 

MAJORITY recommendation: Do pass. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Weinstein, Vice Chair, Early Learning & K-12; Carrell, Delvin, Eide, Kohl-Welles, Mulliken, Pflug, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin

 

Passed to Committee on Rules for second reading.

 

March 24, 2005

SHB 1100 1100-SCommittee Report         Prime Sponsor, Committee on Appropriations: Creating a state financial aid account. Reported by Committee on Early Learning, K-12 & Higher Education

 

MAJORITY recommendation: Do pass. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Weinstein, Vice Chair, Early Learning & K-12; Carrell, Delvin, Eide, Kohl-Welles, Mulliken, Pflug, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin

 

Passed to Committee on Rules for second reading.

 

March 24, 2005

SHB 1137 1137-SCommittee Report         Prime Sponsor, Committee on Health Care: Modifying the scope of care provided by physical therapists. Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Brandland, Deccio, Franklin, Kastama and Kline

 

MINORITY recommendation: Without recommendation. Signed by Senator Parlette

 

Passed to Committee on Rules for second reading.

 

March 24, 2005

2SHB 1168 1168-S2Committee Report       Prime Sponsor, Committee on Appropriations: Authorizing the state board of pharmacy to regulate nonresident Canadian pharmacies. Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Deccio, Franklin, Kastama and Kline

 

MINORITY recommendation: MMR Signed by Senators Johnson and Parlette

 

Passed to Committee on Rules for second reading.

 

March 24, 2005

HB 1194 1194Committee Report           Prime Sponsor, Simpson: Regarding reimportation of prescription drugs. Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Deccio, Franklin, Kastama and Kline

 

MINORITY recommendation: MMR Signed by Senators Brandland, Johnson and Parlette

 

Passed to Committee on Ways & Means.

 

March 23, 2005

HB 1315 1315Committee Report           Prime Sponsor, Tom: Authorizing the disclosure of information related to real estate excise taxes. (REVISED FOR PASSED LEGISLATURE: Modifying disclosure requirements for the purposes of the real estate excise tax.) Reported by Committee on Ways & Means

 

MAJORITY recommendation: Do pass as amended. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Doumit, Vice Chair, Operating Budget; Brandland, Fairley, Hewitt, Parlette, Pflug, Pridemore, Regala, Roach, Rockefeller, Schoesler, Thibaudeau and Zarelli

 

Passed to Committee on Rules for second reading.

 

March 24, 2005

SHB 1347 1347-SCommittee Report         Prime Sponsor, Committee on Judiciary: Changing provisions relating to dishonored checks. Reported by Committee on Financial Institutions, Housing & Consumer Protection

 

MAJORITY recommendation: Do pass as amended. Signed by Senators Fairley, Chair; Berkey, Vice Chair; Benson, Brandland, Keiser, Prentice and Schmidt

 

Passed to Committee on Rules for second reading.

 

March 24, 2005

HB 1515 1515Committee Report           Prime Sponsor, Murray: Expanding the jurisdiction of the human rights commission. Reported by Committee on Financial Institutions, Housing & Consumer Protection

 

MAJORITY recommendation: Do pass as amended. Signed by Senators Fairley, Chair; Berkey, Vice Chair; Franklin, Keiser, Prentice and Spanel

 

MINORITY recommendation: Do not pass. Signed by Senators Benson, Benton, Brandland and Delvin

 

Passed to Committee on Rules for second reading.

 

March 24, 2005

HB 1546 1546Committee Report           Prime Sponsor, Clibborn: Regulating naturopathic physicians. Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Deccio, Franklin, Kastama and Parlette

 

Passed to Committee on Rules for second reading.

 

March 23, 2005


HB 1690 1690Committee Report           Prime Sponsor, Cody: Regarding the applicability of certain taxes and assessments to state funded health care services. Reported by Committee on Ways & Means

 

MAJORITY recommendation: Do pass as amended. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Doumit, Vice Chair, Operating Budget; Brandland, Fairley, Hewitt, Pflug, Pridemore, Regala, Roach, Rockefeller and Schoesler

 

MINORITY recommendation: Without recommendation. Signed by Senators Parlette and Zarelli

 

Passed to Committee on Rules for second reading.

 

March 24, 2005

HB 1742 1742Committee Report           Prime Sponsor, Clibborn: Providing tax incentives for certain multiple-unit dwellings in urban centers. Reported by Committee on Financial Institutions, Housing & Consumer Protection

 

MAJORITY recommendation: Do pass as amended. Signed by Senators Fairley, Chair; Berkey, Vice Chair; Benson, Benton, Brandland, Delvin, Franklin, Keiser, Prentice, Schmidt and Spanel

 

Passed to Committee on Ways & Means.

 

March 23, 2005

SHB 1791 1791-SCommittee Report         Prime Sponsor, Committee on Capital Budget: Creating a developmental disabilities community trust account. Reported by Committee on Ways & Means

 

MAJORITY recommendation: Do pass as amended. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Doumit, Vice Chair, Operating Budget; Brandland, Fairley, Hewitt, Parlette, Pflug, Pridemore, Regala, Roach, Rockefeller, Schoesler, Thibaudeau and Zarelli

 

Passed to Committee on Rules for second reading.

 

March 24, 2005

HB 2021 2021Committee Report           Prime Sponsor, Kenney: Modifying provisions in the advanced college tuition payment program. Reported by Committee on Early Learning, K-12 & Higher Education

 

MAJORITY recommendation: Do pass. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Mulliken, Pflug, Rasmussen, Schmidt, Schoesler and Shin

 

Passed to Committee on Rules for second reading.

 

March 23, 2005

HB 2170 2170Committee Report           Prime Sponsor, Springer: Concerning proceeds from the real estate excise tax. Reported by Committee on Ways & Means

 

MAJORITY recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Doumit, Vice Chair, Operating Budget; Fairley, Pridemore, Rasmussen, Regala, Rockefeller and Thibaudeau

 

MINORITY recommendation: MMR Signed by Senators Brandland, Hewitt, Parlette, Pflug, Roach, Schoesler and Zarelli

 

Passed to Committee on Rules for second reading.

 

March 23, 2005

HB 2282 2282Committee Report           Prime Sponsor, Sommers: Addressing the costs of transporting offender property. Reported by Committee on Ways & Means

 

MAJORITY recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Doumit, Vice Chair, Operating Budget; Brandland, Hewitt, Kohl-Welles, Parlette, Pflug, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Thibaudeau and Zarelli

 

Passed to Committee on Rules for second reading.

 

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

 

March 25, 2005

SGA 9230 9230Committee Report         JEFFREY H. BROTMAN, reappointed October 1, 2004, for the term ending September 30, 2010, as Member, Board of Regents, University of Washington. Reported by Committee on Early Learning, K-12 & Higher Education

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin

 

Passed to Committee on Rules for second reading.

 

March 25, 2005

SGA 9233 9233Committee Report         JAMES CARVO, reappointed July 25, 2003, for the term ending September 30, 2005, as Member, Board of Trustees, Yakima Valley Community College District No. 16. Reported by Committee on Early Learning, K-12 & Higher Education

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin

 

Passed to Committee on Rules for second reading.

 

March 25, 2005

SGA 9234 9234Committee Report         ELIZABETH CHEN, reappointed October 1, 2004, for the term ending September 30, 2009, as Member, Board of Trustees, Highline Community College District No. 9. Reported by Committee on Early Learning, K-12 & Higher Education

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin

 

Passed to Committee on Rules for second reading.

 

March 25, 2005

SGA 9238 9238Committee Report         KAY COCHRAN, reappointed February 10, 2005, for the term ending September 30, 2008, as Member, Board of Trustees, Lower Columbia Community College District No. 13. Reported by Committee on Early Learning, K-12 & Higher Education

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin

 

Passed to Committee on Rules for second reading.

 

March 25, 2005

SGA 9249 9249Committee Report         JESUS HERNANDEZ, reappointed December 19, 2003, for the term ending June 30, 2007, as Member of the Higher Education Coordinating Board. Reported by Committee on Early Learning, K-12 & Higher Education

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin

 

Passed to Committee on Rules for second reading.

 

March 25, 2005

SGA 9270 9270Committee Report         LISA PARKER, reappointed December 15, 2003, for the term ending September 30, 2006, as Member, Board of Trustees, Yakima Valley Community College District No. 16. Reported by Committee on Early Learning, K-12 & Higher Education

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin

 

Passed to Committee on Rules for second reading.

 

March 25, 2005

SGA 9273 9273Committee Report         CONSTANCE L. PROCTOR, reappointed September 18, 2003, for the term ending September 30, 2009, as Member, Board of Regents, University of Washington. Reported by Committee on Early Learning, K-12 & Higher Education

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin

 

Passed to Committee on Rules for second reading.

 

March 25, 2005

SGA 9274 9274Committee Report         STANLEY RUMBAUGH, reappointed October 1, 2003, for the term ending September 30, 2008, as Member, Board of Trustees, Bates Technical College District No. 28. Reported by Committee on Early Learning, K-12 & Higher Education

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin

 

Passed to Committee on Rules for second reading.

 

March 25, 2005

SGA 9279 9279Committee Report         HERB SIMON, reappointed August 9, 2004, for the term ending June 30, 2008, as Member of the Higher Education Coordinating Board. Reported by Committee on Early Learning, K-12 & Higher Education

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin

 

Passed to Committee on Rules for second reading.

 

March 25, 2005

SGA 9280 9280Committee Report         SAM SMITH, reappointed July 25, 2003, for the term ending June 30, 2007, as Member of the Higher Education Coordinating Board. Reported by Committee on Early Learning, K-12 & Higher Education

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin

 

Passed to Committee on Rules for second reading.

 

March 25, 2005

SGA 9288 9288Committee Report         JEAN MAGLADRY, appointed December 19, 2003, for the term ending September 30, 2007, as Member, Board of Trustees, Cascadia Community College District No. 30. Reported by Committee on Early Learning, K-12 & Higher Education

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin

 

Passed to Committee on Rules for second reading.

 

MOTION

 

On motion of Eide, all measures listed on the Standing Committee report were referred to the committees as designated with the exception of House Bill No. 1168 which was referred to the Committee on Rules.

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the fourth order of business.

 

MESSAGE FROM THE HOUSE

March 25, 2005

 

MR. PRESIDENT:

The House has passed the following bill{s}

      SENATE BILL NO. 5794,

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk


 

 

SIGNED BY THE PRESIDENT

 

The President signed:

      SENATE BILL NO. 5794.

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the fifth order of business.

 

INTRODUCTION AND FIRST READING

 

SB 6099             by Senator Prentice

 

AN ACT Relating to water right fees; amending RCW 90.03.470; and creating a new section.

 

Referred to Committee on Ways & Means.

 

MOTION

 

      On motion of Senator Eide, the measure listed on the Introduction and First Reading report was referred to the committee as designated.

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the eighth order of business.

 

MOTION

 

      Senator Haugen moved adoption of the following resolution:

 

SENATE RESOLUTION

8663

 

By Senators Haugen, Kline, Pridemore, McAuliffe, Doumit, Franklin, Spanel, Kastama, Keiser, Kohl-Welles, Rockefeller, Jacobsen, Eide, Prentice, Fairley, Berkey, Shin, Fraser and Regala

 

      WHEREAS, The year 2005 marks the 100th anniversary of Norway's independence as a sovereign nation after a peaceful dissolution from Sweden; and

      WHEREAS, There are more people of Norwegian descent living in the United States than in Norway itself; and

      WHEREAS, Generations of Norwegian-Americans have contributed to the well-being of all Washingtonians; and

      WHEREAS, Washington recognizes the value of the customs, traditions, and heritage of all the ethnic groups inhabiting the state; and

      WHEREAS, The culture and music of Norway have been celebrated since the first Norwegian immigrants set foot on American soil; and

      WHEREAS, Male chorus singing has played an important part on the Pacific Coast of the United States since 1878 when the first Norwegian male chorus was established in Portland, Oregon; and

      WHEREAS, Numerous Norwegian immigrants have settled in Skagit Valley since 1847; and

      WHEREAS, Singers from all twelve Norwegian male choruses on the Pacific Coast will gather for the annual song festival known as Sangerfest; and

      WHEREAS, The Skagit Valley Mannskor is hosting the 96th Pacific Coast Norwegian Singers Association's Sangerfest; and

      WHEREAS, The Sangerfest Grand Concert will be held Friday, July 1, 2005, in the McIntyre Hall of the Skagit Valley Community College in Mt. Vernon;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor Norwegian Musical Heritage Day in the state of Washington, July 1, 2005, and encourage all citizens to honor the musical contributions of our citizens of Norwegian heritage; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to the Norwegian Singers Association.

      Senator Haugen spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8663.

      The motion by Senator Haugen carried and the resolution was adopted by voice vote.

 

MOTION

 

      At 12:07 p.m., on motion of Senator Eide, the Senate adjourned until 12:00 noon, Tuesday, March 29, 2005.

 

BRAD OWEN, President of the Senate

 

THOMAS HOEMANN, Secretary of the Senate