FOURTH DAY

 

NOON SESSION

Senate Chamber, Olympia, Thursday, January 15, 2009

 

      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

 

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

 

MESSAGE FROM THE HOUSE

 

January 14, 2009

 

MR. PRESIDENT:

The Speaker has signed the following bills:

      SENATE CONCURRENT RESOLUTION NO. 8400,

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

January 14, 2009

 

MR. PRESIDENT:

The Speaker has signed the following bills:

      HOUSE CONCURRENT RESOLUTION NO. 4400,

      HOUSE CONCURRENT RESOLUTION NO. 4401,

      HOUSE CONCURRENT RESOLUTION NO. 4402,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

SIGNED BY THE PRESIDENT

 

The President signed:

      HOUSE CONCURRENT RESOLUTION NO. 4400,

      HOUSE CONCURRENT RESOLUTION NO. 4401,

      HOUSE CONCURRENT RESOLUTION NO. 4402,

 

MOTION

 

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

 

INTRODUCTION AND FIRST READING

 

SB 5138             by Senators Rockefeller, Ranker, Jacobsen, Shin, Kohl-Welles, Kline and Pridemore

 

AN ACT Relating to an integrated climate change response strategy; and adding a new chapter to Title 43 RCW.

 

Referred to Committee on Environment, Water & Energy.

 

SB 5139             by Senator Jacobsen


 

AN ACT Relating to ergonomic airline seats; adding a new section to chapter 43.19 RCW; and creating a new section.

 

Referred to Committee on Government Operations & Elections.

 

SB 5140             by Senators Shin, Kastama, McAuliffe, Jacobsen, Pridemore, Keiser, Hatfield, Kohl-Welles and Kline

 

AN ACT Relating to language access services in health care; amending RCW 70.47.060; adding new sections to chapter 48.44 RCW; adding a new section to chapter 48.46 RCW; adding a new section to chapter 48.20 RCW; adding a new section to chapter 41.05 RCW; adding a new section to chapter 48.02 RCW; creating new sections; providing an effective date; and providing a contingent effective date.

 

Referred to Committee on Health & Long-Term Care.

 

SB 5141             by Senators Hargrove, Regala and Shin

 

AN ACT Relating to a pilot program to increase family participation in juvenile offender programs; adding a new section to chapter 13.40 RCW; creating a new section; and providing an expiration date.

 

Referred to Committee on Human Services & Corrections.

 

SB 5142             by Senators Regala, Carrell and Kline

 

AN ACT Relating to improving education and employment opportunities for individuals with criminal convictions; adding new sections to chapter 18.235 RCW; creating new sections; and providing an expiration date.

 

Referred to Committee on Human Services & Corrections.

 

SB 5143             by Senators Regala, Franklin and Kohl-Welles

 

AN ACT Relating to allowing a six percent property tax limit for emergency medical care and service levies; amending RCW 84.55.0101; and providing for submission of this act to a vote of the people.

 

Referred to Committee on Ways & Means.

 

SB 5144             by Senators Kline, Rockefeller and Pridemore

 

AN ACT Relating to false claims against the government; amending RCW 48.80.020; adding a new chapter to Title 4 RCW; and prescribing penalties.

 

Referred to Committee on Judiciary.

 

SB 5145             by Senators Kline, Regala, McDermott and Kohl-Welles

 

AN ACT Relating to the definition of sexually explicit conduct; and amending RCW 9.68A.011.

 

Referred to Committee on Judiciary.

 

SB 5146             by Senators Kline, Regala, Pridemore, Kohl-Welles and Shin

 

AN ACT Relating to interest on judgments entered against offenders; and amending RCW 10.82.090.

 

Referred to Committee on Judiciary.

 

SB 5147             by Senators Kline and Rockefeller

 

AN ACT Relating to criminal libel; amending RCW 43.06A.085; and repealing RCW 9.58.010, 9.58.020, 9.58.030, 9.58.040, 9.58.050, 9.58.060, 9.58.070, 9.58.080, 9.58.090, and 10.37.120.

 

Referred to Committee on Judiciary.

 

SB 5148             by Senators Kline, Fairley and McDermott

 

AN ACT Relating to Washington's vesting laws; amending RCW 36.70A.290, 36.70A.130, 58.17.033, and 19.27.095; adding a new section to chapter 36.70A RCW; and creating new sections.

 

Referred to Committee on Government Operations & Elections.

 

SB 5149             by Senators Kline, Swecker, Rockefeller, Pflug, Fraser, Hargrove, Jarrett, Pridemore, Kohl-Welles, Schoesler, Brandland and Shin

 

AN ACT Relating to assessing the state's geothermal resources for electrical power production; and creating new sections.

 

Referred to Committee on Environment, Water & Energy.

 

SB 5150             by Senators Kline, Pridemore and Kohl-Welles

 

AN ACT Relating to a maximum rate for interest or fees charged for small loans; and amending RCW 31.45.073.

 

Referred to Committee on Labor, Commerce & Consumer Protection.

 

SB 5151             by Senators Kline, Rockefeller and Kohl-Welles

 

AN ACT Relating to the appointment of court commissioners to assist with criminal cases; and amending RCW 2.24.010.

 

Referred to Committee on Judiciary.

 

SB 5152             by Senators Kline, Rockefeller, McDermott and Kohl-Welles

 

AN ACT Relating to statutory construction; creating new sections; and providing an expiration date.

 

Referred to Committee on Judiciary.

 

SB 5153             by Senators Kline, Rockefeller and Shin

 

AN ACT Relating to creating the uniform foreign-country money judgments recognition act; adding a new chapter to Title 6 RCW; and repealing RCW 6.40.010, 6.40.020, 6.40.030, 6.40.040, 6.40.050, 6.40.060, 6.40.070, 6.40.900, 6.40.905, 6.40.910, and 6.40.915.

 

Referred to Committee on Judiciary.


 

SB 5154             by Senators Kline and Rockefeller

 

AN ACT Relating to revising Article 7 of the Uniform Commercial Code, documents of title; amending RCW 62A.7-101, 62A.7-102, 62A.7-103, 62A.7-104, 62A.7-105, 62A.7-201, 62A.7-202, 62A.7-203, 62A.7-204, 62A.7-205, 62A.7-206, 62A.7-207, 62A.7-208, 62A.7-209, 62A.7-210, 62A.7-301, 62A.7-302, 62A.7-303, 62A.7-304, 62A.7-305, 62A.7-307, 62A.7-308, 62A.7-309, 62A.7-401, 62A.7-402, 62A.7-403, 62A.7-404, 62A.7-501, 62A.7-502, 62A.7-503, 62A.7-504, 62A.7-505, 62A.7-506, 62A.7-507, 62A.7-508, 62A.7-509, 62A.7-601, 62A.7-602, 62A.7-603, 62A.1-201, 62A.1-201, 62A.2-103, 62A.2-104, 62A.2-310, 62A.2-323, 62A.2-401, 62A.2-503, 62A.2-505, 62A.2-506, 62A.2-509, 62A.2-605, 62A.2-705, 62A.2A-103, 62A.2A-514, 62A.2A-526, 62A.4-104, 62A.4-210, 62A.8-103, 62A.9A-102, 62A.9A-203, 62A.9A-207, 62A.9A-208, 62A.9A-301, 62A.9A-310, 62A.9A-312, 62A.9A-313, 62A.9A-314, 62A.9A-317, 62A.9A-338, and 62A.9A-601; adding a new section to chapter 62A.7 RCW; creating new sections; repealing RCW 62A.10-104; and providing contingent effective dates.

 

Referred to Committee on Judiciary.

 

SB 5155             by Senators Kline and Rockefeller

 

AN ACT Relating to the Uniform Commercial Code; amending RCW 62A.1-101, 62A.1-102, 62A.1-103, 62A.1-104, 62A.1-105, 62A.1-106, 62A.1-108, 62A.1-201, 62A.1-202, 62A.1-203, 62A.1-204, 62A.1-205, 62A.1-206, 62A.2-103, 62A.2-202, 62A.2A-103, 62A.2A-501, 62A.2A-518, 62A.2A-519, 62A.2A-527, 62A.2A-528, 62A.3-103, 62A.4-104, 62A.4A-105, 62A.4A-106, 62A.4A-204, 62A.5-103, 62A.8-102, and 62A.9A-102; adding new sections to chapter 62A.1 RCW; creating a new section; and repealing RCW 62A.1-107, 62A.1-109, 62A.1-207, 62A.1-208, 62A.2-208, and 62A.2A-207.

 

Referred to Committee on Judiciary.

 

SB 5156             by Senators Brandland, McCaslin and Keiser

 

AN ACT Relating to certification actions of Washington peace officers; and amending RCW 43.101.380.

 

Referred to Committee on Judiciary.

 

SB 5157             by Senators Brandland, Pridemore, McCaslin, Keiser and Shin

 

AN ACT Relating to psychological examinations for peace officer certification; and amending RCW 43.101.095.

 

Referred to Committee on Judiciary.

 

SB 5158             by Senators Kohl-Welles, Holmquist, King, Honeyford, Keiser, Franklin, Kline and Marr

 

AN ACT Relating to sales of wine and beer at the legislative gift center; adding new sections to chapter 44.73 RCW; and adding a new section to chapter 66.12 RCW.

 

Referred to Committee on Labor, Commerce & Consumer Protection.

 

SB 5159             by Senators King, Haugen, Swecker, Sheldon, Kastama, Kauffman, Berkey and Shin

 

AN ACT Relating to the time period for motor vehicle fuel excise tax and special fuel tax refunds; amending RCW 82.36.330 and 82.38.190; and creating a new section.

 

Referred to Committee on Transportation.

 

SB 5160             by Senators Kline, McCaslin and Tom

 

AN ACT Relating to service of notice from seizing law enforcement agencies; and amending RCW 69.50.505.

 

Referred to Committee on Judiciary.

 

SB 5161             by Senators Hobbs, Rockefeller, Honeyford, Hewitt, Oemig, Shin, Zarelli, Regala, Benton, Kilmer, Kline, Roach, Haugen and Pridemore

 

AN ACT Relating to extending tax incentives for renewable resources, including tidal and wave energy; amending RCW 82.08.02567, 82.12.02567, and 82.16.055; providing an effective date; and declaring an emergency.

 

Referred to Committee on Environment, Water & Energy.

 

SB 5162             by Senators Hobbs, Swecker, Fairley, Pridemore, Hatfield, Shin, Jacobsen and Haugen

 

AN ACT Relating to appeals under the growth management act; amending RCW 36.70A.290; adding new sections to chapter 43.330 RCW; and adding a new section to chapter 36.70A RCW.

 

Referred to Committee on Government Operations & Elections.

 

SB 5163             by Senators Hobbs, Schoesler, Berkey, Hewitt, Sheldon, Zarelli, Pflug, Carrell and Roach

 

AN ACT Relating to removing the requirement to purchase art for public buildings during the 2009-2011 biennium; amending RCW 28A.335.210, 28B.10.027, and 43.17.200; and providing an expiration date.

 

Referred to Committee on Government Operations & Elections.

 

SB 5164             by Senators Berkey, Benton, Hobbs and Parlette

 

AN ACT Relating to placing restrictions on check cashers' and sellers' communications when collecting delinquent small loans; and amending RCW 31.45.082.

 

Referred to Committee on Financial Institutions, Housing & Insurance.

 

SB 5165             by Senators Jarrett, Swecker, Marr, Shin, Kilmer, Kline, Sheldon and Haugen

 

AN ACT Relating to the implementation of a regional transfer of development rights program; amending RCW 43.362.005 and 43.362.010; and adding new sections to chapter 43.362 RCW.

 

Referred to Committee on Government Operations & Elections.

 

SB 5166             by Senators Regala, Stevens and Kline


 

AN ACT Relating to the child support license suspension program; amending RCW 74.20A.320; and adding new sections to chapter 74.20A RCW.

 

Referred to Committee on Human Services & Corrections.

 

SB 5167             by Senators Regala, Kline and Hargrove

 

AN ACT Relating to allowing a certificate of discharge to be issued when an existing order excludes or prohibits an offender from having contact with a specified person or business, or coming within a set distance of any specified location; amending RCW 9.94A.637; and creating a new section.

 

Referred to Committee on Human Services & Corrections.

 

SB 5168             by Senator Regala

 

AN ACT Relating to school board elections in certain first-class school districts; amending RCW 28A.343.300, 28A.343.600, and 28A.343.640; adding a new section to chapter 29A.04 RCW; and creating a new section.

 

Referred to Committee on Government Operations & Elections.

 

SB 5169             by Senator Hargrove

 

AN ACT Relating to forest products addressed by chapter 76.48 RCW; amending RCW 76.48.010, 76.48.020, 76.48.060, 76.48.080, 76.48.050, 76.48.062, 76.48.094, 76.48.085, 76.48.098, 76.48.030, 76.48.120, 76.48.130, 76.48.140, 76.48.040, 76.48.110, 76.48.100, 76.48.210, 76.48.150, 76.48.200, 76.48.902, and 76.48.910; adding new sections to chapter 76.48 RCW; creating a new section; recodifying RCW 76.48.010, 76.48.020, 76.48.060, 76.48.080, 76.48.050, 76.48.062, 76.48.094, 76.48.085, 76.48.098, 76.48.030, 76.48.120, 76.48.130, 76.48.140, 76.48.040, 76.48.110, 76.48.100, 76.48.210, 76.48.150, 76.48.200, 76.48.900, 76.48.902, and 76.48.910; decodifying RCW 76.48.901; and repealing RCW 76.48.070, 76.48.086, 76.48.096, and 76.48.075.

 

Referred to Committee on Natural Resources, Ocean & Recreation.

 

SB 5170             by Senators Rockefeller and Parlette

 

AN ACT Relating to repealing chapter 385, Laws of 2005; creating a new section; and repealing RCW 43.09.430, 43.09.435, 43.09.440, 43.09.445, 43.09.450, 43.09.455, 43.09.460, 43.88.162, and 2.56.200.

 

Referred to Committee on Government Operations & Elections.

 

SB 5171             by Senators Kline and Rockefeller

 

AN ACT Relating to modifying the Washington principal and income act of 2002; amending RCW 11.104A.180 and 11.104A.290; adding a new section to chapter 11.104A RCW; and creating a new section.

 

Referred to Committee on Judiciary.

 

SB 5172             by Senators Shin, Hobbs, Kastama, McAuliffe, Jarrett, Pridemore, Brown, Keiser, Jacobsen, Kohl-Welles and Kline

 

AN ACT Relating to establishing a University of Washington center for human rights; adding a new section to chapter 28B.20 RCW; and making an appropriation.

 

Referred to Committee on Higher Education & Workforce Development.

 

SB 5173             by Senators Shin, Fairley, Kastama, Sheldon, McAuliffe, Brown, Pridemore, Delvin, Hobbs, McDermott, Jarrett, Kilmer, Jacobsen and Kohl-Welles

 

AN ACT Relating to honorary doctorate degrees; and amending RCW 28B.35.205.

 

Referred to Committee on Higher Education & Workforce Development.

 

SB 5174             by Senators Shin, Kastama, McAuliffe, Pridemore, Rockefeller, Keiser, Delvin, Hobbs, Hatfield and Kohl-Welles

 

AN ACT Relating to graduation rate improvements; and amending RCW 28B.10.693.

 

Referred to Committee on Higher Education & Workforce Development.

 

SB 5175             by Senators Shin, Fairley, Kastama, Jarrett, Rockefeller, Hobbs, Delvin and Hatfield

 

AN ACT Relating to the Washington promise scholarship program; and amending RCW 28B.119.005, 28B.119.010, and 28B.119.020.

 

Referred to Committee on Higher Education & Workforce Development.

 

SB 5176             by Senators Shin, Kastama, McAuliffe, Rockefeller, Jarrett, Pridemore, Hobbs, Delvin, Keiser, Hatfield, Kilmer, Jacobsen and Roach

 

AN ACT Relating to creating a bi-state partnership for teachers of children with visual impairments; adding a new section to chapter 28B.30 RCW; creating a new section; and making and appropriation.

 

Referred to Committee on Higher Education & Workforce Development.

 

SB 5177             by Senators Shin, Delvin, Kastama, King, Rockefeller, McAuliffe, Pridemore, Hobbs, Fraser, McDermott, Jarrett, Kilmer, Keiser, Hatfield and Roach

 

AN ACT Relating to establishing a global Asia institute; adding a new section to chapter 28B.20 RCW; creating a new section; and making an appropriation.

 

Referred to Committee on Higher Education & Workforce Development.

 

SB 5178             by Senator Haugen

 

AN ACT Relating to historic cemeteries and graves; amending RCW 68.52.030; adding new sections to chapter 27.34 RCW; repealing RCW 68.60.030; and making an appropriation.


 

Referred to Committee on Government Operations & Elections.

 

SB 5179             by Senator Haugen

 

AN ACT Relating to revaluation of property impacted by government restrictions; amending RCW 84.40.0301 and 84.41.090; and creating new sections.

 

Referred to Committee on Government Operations & Elections.

 

SB 5180             by Senators Haugen and Parlette

 

AN ACT Relating to public transit vehicle stops at unmarked stop zones; and amending RCW 46.61.560.

 

Referred to Committee on Transportation.

 

SB 5181             by Senator Haugen

 

AN ACT Relating to the local toxics control account; and reenacting and amending RCW 70.105D.070.

 

Referred to Committee on Environment, Water & Energy.

 

SB 5182             by Senators Haugen and Sheldon

 

AN ACT Relating to requiring offset credits in air operating permits for sawmills using forest waste products as feedstock in cogeneration facilities; amending RCW 70.94.161; and adding a new section to chapter 70.94 RCW.

 

Referred to Committee on Environment, Water & Energy.

 

SB 5183             by Senators Hobbs, Stevens, McAuliffe, Brandland, Hargrove, Carrell, Pflug, Hewitt, Parlette, Swecker, Shin, Benton, Roach, Haugen and Holmquist

 

AN ACT Relating to viewing sexually explicit depictions of minors on the internet; amending RCW 9.68A.110 and 9.68A.070; reenacting and amending RCW 9.94A.030 and 9.94A.515; creating a new section; prescribing penalties; and providing an effective date.

 

Referred to Committee on Judiciary.

 

SB 5184             by Senators Brandland, Hobbs, McAuliffe, Regala, Stevens, Pflug, Hewitt, King, Swecker and Roach

 

AN ACT Relating to evaluating the need for a digital forensic crime lab; and creating a new section.

 

Referred to Committee on Judiciary.

 

SB 5185             by Senators Rockefeller, Keiser, Pridemore, Jacobsen, Hobbs, Kastama, Haugen, Hargrove, Hatfield, Ranker, Kilmer, Sheldon, Oemig, Delvin, Shin, Kohl-Welles, Kline and Holmquist

 

AN ACT Relating to increasing solar energy incentives; and amending RCW 82.16.110, 82.16.120, 82.16.130, and 19.285.040.

 

Referred to Committee on Environment, Water & Energy.

 

SB 5186             by Senators Stevens, Schoesler, Swecker, Hewitt, Pflug and Holmquist

 

AN ACT Relating to establishing a period of public and legislative review of appropriations legislation; adding new sections to chapter 44.04 RCW; and creating a new section.

 

Referred to Committee on Government Operations & Elections.

 

SB 5187             by Senator Stevens

 

AN ACT Relating to voting procedures; amending RCW 29A.08.010, 29A.08.110, 29A.08.123, 29A.08.140, 29A.08.210, 29A.44.205, and 46.20.117; adding a new section to chapter 29A.08 RCW; and repealing RCW 29A.08.113, 29A.08.145, 29A.48.010, 29A.48.020, 29A.48.030, 29A.48.040, 29A.48.050, and 29A.48.060.

 

Referred to Committee on Government Operations & Elections.

 

SB 5188             by Senators Stevens and Swecker

 

AN ACT Relating to remedial postsecondary education; reenacting and amending RCW 28A.225.220; adding new sections to chapter 28B.10 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28B.15 RCW; and creating a new section.

 

Referred to Committee on Early Learning & K-12 Education.

 

SB 5189             by Senators Kohl-Welles, King, McAuliffe, Brandland, Tom, Carrell, Kauffman, McDermott and Kilmer

 

AN ACT Relating to crimes that require dismissal or certificate revocation for school employees; amending RCW 28A.400.320, 28A.400.330, 28A.405.470, 28A.410.090, 28A.410.110, 9.96A.020, and 43.43.845; adding a new section to chapter 28A.400 RCW; adding a new section to chapter 28A.405 RCW; adding a new section to chapter 41.59 RCW; and adding a new section to chapter 41.56 RCW.

 

Referred to Committee on Early Learning & K-12 Education.

 

SB 5190             by Senators Hargrove, Stevens, Regala and Shin

 

AN ACT Relating to technical corrections to ensure accurate sentences for offenders; amending RCW 2.24.040, 9.41.045, 9.92.151, 9.94A.190, 9.94A.505, 9.94A.633, 9.94A.6332, 9.94A.670, 9.94A.701, 9.94A.703, 9.94A.704, 9.94A.731, 9.94A.771, 9.94A.835, 9.94A.850, 9.94B.030, 9.94B.060, 9.94B.070, 9.95.011, 9.95.017, 9.95.055, 9.95.070, 9.95.090, 9.95.110, 9.95.121, 9.95.122, 9.95.140, 9.95.425, 9.95.900, 9A.76.115, 13.40.135, 72.09.335, 72.09.340, 72.09.370, 72.09.714, 72.09.716, 72.09.718, and 72.09.720; reenacting and amending RCW 9.94A.030; adding new sections to chapter 9.94A RCW; adding a new section to chapter 9.94B RCW; recodifying RCW 9.94A.602, 9.94A.605, and 9.94A.771; repealing RCW 9.94A.545 and 9.94A.715; and providing an effective date.

 

Referred to Committee on Human Services & Corrections.

 

SB 5191             by Senators Hobbs and Benton

 


AN ACT Relating to noninsurance benefits included in life insurance policies; adding a new section to chapter 48.23 RCW; and adding a new section to chapter 48.24 RCW.

 

Referred to Committee on Financial Institutions, Housing & Insurance.

 

SJM 8002           by Senators Stevens, Hewitt, Schoesler, Swecker, Pflug and Roach

 

Requesting that Congress audit the Federal Reserve System.

 

Referred to Committee on Ways & Means.

 

SJR 8206           by Senators Stevens, Hewitt, Carrell, Schoesler, Swecker and Holmquist

 

Placing restrictions on tax increases.

 

Referred to Committee on Ways & Means.

 

SJR 8207           by Senators Stevens, Swecker and Roach

 

Amending the Constitution to include toll revenue to be used exclusively for highway purposes.

 

Referred to Committee on Transportation.

 

SCR 8402          by Senator Stevens

 

Limiting the business of the 2009 Legislature to budgets, matters necessary to implement budgets, and matters incident to a natural emergency.

 

Referred to Committee on Government Operations & Elections.

 

MOTION

 

      On motion of Senator Eide, all measures listed on the Introduction and First Reading report were referred to the committees as designated with the exception of Senate Bill No. 5181 which was referred to the Committee on Environment, Water & Energy.

 

MOTION

 

      At 12:02 p.m., on motion of Senator Eide, the Senate adjourned until 11:00 a.m. Friday, January 16, 2009.

 

BRAD OWEN, President of the Senate

 

THOMAS HOEMANN, Secretary of the Senate