TWENTY-FOURTH DAY
MORNING SESSION
Senate Chamber, Olympia, Wednesday, February 4, 2009
The Senate was called to order at 10:00 a.m. by the President Pro Tempore. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present with the exception of Senators Benton, Brown, Hargrove, Kauffman, McCaslin, Pridemore, Roach and Zarelli.
The Sergeant at Arms Color Guard consisting of Pages Arlen Hughes and Kaysee-Li Tomkins, presented the Colors. Pastor Keith Easterly of the Grace Harvest Church of Moses Lake offered the prayer.
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
February 3, 2009
SB 5002 Prime Sponsor, Senator Jacobsen: Creating the Washington heritage livestock and poultry breed recognition program. Reported by Committee on Agriculture & Rural Economic Development
MAJORITY recommendation: Do pass. Signed by Senators Hatfield, Chair; Ranker, Vice Chair; Schoesler; Becker; Haugen; Morton and Shin.
Passed to Committee on Rules for second reading.
February 2, 2009
SB 5056 Prime Sponsor, Senator Brandland: Requiring health care professionals to report violent injuries. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: That Substitute Senate Bill No. 5056 be substituted therefor, and the substitute bill do pass. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Pflug; Becker; Fairley; Marr; Murray and Parlette.
Passed to Committee on Rules for second reading.
February 3, 2009
SB 5076 Prime Sponsor, Senator Schoesler: Creating the Washington grain commission. Reported by Committee on Agriculture & Rural Economic Development
MAJORITY recommendation: Do pass. Signed by Senators Hatfield, Chair; Ranker, Vice Chair; Schoesler; Becker; Haugen; Morton and Shin.
Passed to Committee on Rules for second reading.
February 2, 2009
SB 5117 Prime Sponsor, Senator Hargrove: Establishing intensive behavior support services. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: That Substitute Senate Bill No. 5117 be substituted therefor, and the substitute bill do pass. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Pflug; Becker; Fairley; Marr; Murray and Parlette.
Passed to Committee on Rules for second reading.
February 3, 2009
SB 5326 Prime Sponsor, Senator Regala: Modifying juvenile sex and kidnapping offender registration provisions. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: That Substitute Senate Bill No. 5326 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Stevens; Brandland; Carrell; Kauffman and McAuliffe.
Passed to Committee on Rules for second reading.
February 3, 2009
SB 5623 Prime Sponsor, Senator Kline: Revising the documentation necessary to challenge acknowledgment of paternity. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: That it be referred without recommendation. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Stevens; Brandland; Carrell; Kauffman and McAuliffe.
Passed to Committee on Judiciary.
February 2, 2009
SJM 8003 Prime Sponsor, Senator Pflug: Requesting that Congress issue a date at which health information technology must comply with a uniform national standard of interoperability. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Pflug; Becker; Fairley; Marr; Murray and Parlette.
Passed to Committee on Rules for second reading.
February 3, 2009
HB 1113 Prime Sponsor, Representative Driscoll: Financing the school construction assistance grant program. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Brandland; Carrell; Hobbs; Keiser; Kline; Kohl-Welles; McDermott; Parlette; Regala; Rockefeller and Schoesler.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Eide, all measures listed on the Standing Committee report were referred to the committees as designated.
MOTION
On motion of Senator Eide, the Senate advanced to the third order of business.
GUBERNATORIAL APPOINTMENTS
February 3, 2009
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
BERNAL BACA, reappointed January 13, 2009, for the term ending January 12, 2013, as Member of the State Board of Education.
Sincerely,
CHRISTINE O. GREGOIRE, Governor
Referred to Committee on Early Learning & K-12 Education.
MOTION
On motion of Senator Eide, the appointee listed on the Gubernatorial Appointment report was referred to the committee as designated.
MOTION
On motion of Senator Eide, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 5832 by Senators Kohl-Welles, Stevens and Marr
AN ACT Relating to allowing the prosecution of sex offenses against minor victims until the victim's twenty-eighth birthday if the offense is listed in RCW 9A.04.080(1) (b)(iii)(A) or (c); and amending RCW 9A.04.080.
Referred to Committee on Judiciary.
SB 5833 by Senators Regala, Kohl-Welles, Hargrove and McDermott
AN ACT Relating to protecting victims of sexual assault, sexual harassment, and stalking; and amending RCW 59.18.570 and 59.18.575.
Referred to Committee on Human Services & Corrections.
SB 5834 by Senators Kohl-Welles and Holmquist
AN ACT Relating to alcoholic beverage regulation; amending RCW 66.24.452, 66.24.170, 66.28.010, 66.24.371, 66.28.200, 66.28.220, 66.28.180, and 15.89.070; reenacting and amending RCW 66.28.040; and adding a new section to chapter 66.28 RCW.
Referred to Committee on Labor, Commerce & Consumer Protection.
SB 5835 by Senators Hatfield, Morton, Hargrove, Schoesler, Parlette and Shin
AN ACT Relating to outdoor burning; and amending RCW 70.94.743.
Referred to Committee on Environment, Water & Energy.
SB 5836 by Senators Haugen and Swecker
AN ACT Relating to facilitating the transport of materials used in infrastructure projects, including transportation infrastructure projects, through marine transportation facilities; amending RCW 90.58.040 and 78.44.031; adding new sections to chapter 78.44 RCW; and adding a new section to chapter 36.70A RCW.
Referred to Committee on Transportation.
SB 5837 by Senators McCaslin and Benton
AN ACT Relating to siting new mobile home parks and manufactured housing communities; amending RCW 82.02.090; adding a new section to chapter 36.70A RCW; and adding a new section to chapter 43.21C RCW.
Referred to Committee on Financial Institutions, Housing & Insurance.
SB 5838 by Senators McDermott, Jacobsen, Murray, Kohl-Welles and Fairley
AN ACT Relating to traffic infractions where the conduct is a proximate cause of death, great bodily harm, or substantial bodily harm to another; and amending RCW 46.63.020.
Referred to Committee on Judiciary.
SB 5839 by Senators Schoesler, Hatfield and Shin
AN ACT Relating to the administration of irrigation districts; amending RCW 58.17.310, 82.02.090, 87.03.460, and 89.12.050; and adding a new section to chapter 87.03 RCW.
Referred to Committee on Agriculture & Rural Economic Development.
SB 5840 by Senators Marr, Honeyford, Rockefeller, Holmquist, Hatfield, Parlette, Ranker, Morton, Sheldon, Jarrett, Delvin and Hewitt
AN ACT Relating to modifying the energy independence act; and amending RCW 19.285.010, 19.285.030, 19.285.040, and 19.285.080.
Referred to Committee on Environment, Water & Energy.
AN ACT Relating to the health insurance partnership; amending RCW 70.47A.030, 70.47A.040, and 70.47A.070; and repealing 2007 c 260 s 11 (uncodified).
Referred to Committee on Health & Long-Term Care.
SB 5842 by Senators Fraser, Brandland and McAuliffe
AN ACT Relating to construction financing for state colleges and universities; and amending RCW 28B.15.210, 28B.15.310, 28B.35.370, and 28B.50.360.
Referred to Committee on Ways & Means.
SB 5843 by Senators Pridemore and Swecker
AN ACT Relating to qualified applicants and procedures within the Washington wildlife and recreation program; and amending RCW 79A.15.010, 79A.15.030, 79A.15.060, 79A.15.120, 79A.15.130, and 84.34.250.
Referred to Committee on Natural Resources, Ocean & Recreation.
SB 5844 by Senators Tom, Brandland, Fraser and Shin
AN ACT Relating to public works bid limits; and amending RCW 28B.50.330, 28B.10.350, 35.22.620, 35.23.352, 35A.40.210, 36.32.235, and 36.32.250.
Referred to Committee on Government Operations & Elections.
SB 5845 by Senators Tom, Oemig and McDermott
AN ACT Relating to enhancing consumer privacy by limiting access to birth certificates; and adding a new section to chapter 70.58 RCW.
Referred to Committee on Health & Long-Term Care.
SB 5846 by Senators Tom, Kohl-Welles and McDermott
AN ACT Relating to covering vehicular loads of dirt, sand, and gravel; amending RCW 46.61.655; reenacting and amending RCW 46.63.110; creating a new section; and prescribing penalties.
Referred to Committee on Transportation.
SB 5847 by Senators Kastama and Shin
AN ACT Relating to the development of clean technology within port district properties; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; and creating a new section.
Referred to Committee on Economic Development, Trade & Innovation.
AN ACT Relating to increasing annual immunization rates; adding a new section to chapter 43.70 RCW; and declaring an emergency.
Referred to Committee on Health & Long-Term Care.
SB 5849 by Senators Kline and Shin
AN ACT Relating to business entities and associations registered with the secretary of state; amending RCW 25.15.270, 25.15.290, 25.05.500, and 25.05.560; adding a new section to chapter 25.15 RCW; adding new sections to chapter 24.12 RCW; adding new sections to chapter 25.05 RCW; and creating a new section.
Referred to Committee on Judiciary.
SB 5850 by Senators Kohl-Welles, Swecker, Keiser, Franklin, Kline, Hargrove, Fraser, Tom, Regala, Prentice, McAuliffe and Shin
AN ACT Relating to protecting workers from human trafficking violations; amending RCW 18.71.080, 18.83.090, and 18.225.040; and adding a new chapter to Title 19 RCW.
Referred to Committee on Labor, Commerce & Consumer Protection.
AN ACT Relating to the license surcharge for the impaired physician program; and amending RCW 18.71.310 and 18.71A.020.
Referred to Committee on Health & Long-Term Care.
SB 5852 by Senators Murray, Becker and Keiser
AN ACT Relating to the practice of health care assistants; amending RCW 18.135.010, 18.135.020, and 18.135.065; adding a new section to chapter 18.135 RCW; creating a new section; and declaring an emergency.
Referred to Committee on Health & Long-Term Care.
SB 5853 by Senators Kastama, Haugen, Marr, Kohl-Welles and Shin
AN ACT Relating to land use and transportation planning for marine container ports; reenacting and amending RCW 47.06.140; adding a new section to chapter 36.70A RCW; and creating new sections.
Referred to Committee on Transportation.
SB 5854 by Senators Kilmer, Pridemore, Ranker, Rockefeller, Marr, Fraser, Kohl-Welles, Kline, Murray and Keiser
AN ACT Relating to reducing climate pollution in the built environment; amending RCW 19.27A.020, 35.92.360, 54.16.280, 36.94.460, 70.164.020, 70.164.040, 70.164.050, and 70.164.060; adding a new section to chapter 35.92 RCW; adding new sections to chapter 19.27A RCW; adding a new section to chapter 82.16 RCW; creating a new section; and providing an expiration date.
Referred to Committee on Environment, Water & Energy.
SB 5855 by Senators Haugen and Kastama
AN ACT Relating to excise tax exemptions for water services provided by small water systems; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.16 RCW; adding a new section to chapter 82.32 RCW; and declaring an emergency.
Referred to Committee on Environment, Water & Energy.
SB 5856 by Senators Murray, Kohl-Welles, Keiser, Shin and McDermott
AN ACT Relating to affordable housing financing; adding a new section to chapter 82.14 RCW; and adding a new chapter to Title 43 RCW.
Referred to Committee on Financial Institutions, Housing & Insurance.
AN ACT Relating to prohibiting the use of trans fats in food establishments; and adding a new chapter to Title 69 RCW.
Referred to Committee on Health & Long-Term Care.
SB 5858 by Senators Tom and Kline
AN ACT Relating to prohibiting the payment of yield spread premiums to mortgage brokers; and amending RCW 19.146.010 and 19.146.070.
Referred to Committee on Financial Institutions, Housing & Insurance.
SB 5859 by Senators Tom and Jarrett
AN ACT Relating to recovery of costs of studded tire damage to highways; amending RCW 46.37.420; creating a new section; and prescribing penalties.
Referred to Committee on Transportation.
SB 5860 by Senators Tom, McDermott, Pridemore and Keiser
AN ACT Relating to the early termination of wireless communications device contracts; and adding a new chapter to Title 19 RCW.
Referred to Committee on Labor, Commerce & Consumer Protection.
SB 5861 by Senators Tom and Pridemore
AN ACT Relating to making credit card payments in person; adding a new section to chapter 30.04 RCW; adding a new section to chapter 31.12 RCW; adding a new section to chapter 32.04 RCW; and adding a new section to chapter 33.04 RCW.
Referred to Committee on Financial Institutions, Housing & Insurance.
SB 5862 by Senators Tom, Pridemore and Kline
AN ACT Relating to limiting the balance of small loans by a consumer enforced by a database; amending RCW 42.56.230; adding a new section to chapter 31.04 RCW; and adding a new section to chapter 31.45 RCW.
Referred to Committee on Labor, Commerce & Consumer Protection.
SB 5863 by Senators Tom, Pridemore and Keiser
AN ACT Relating to the termination of wireless communications device services; and adding a new chapter to Title 19 RCW.
Referred to Committee on Labor, Commerce & Consumer Protection.
SB 5864 by Senators Berkey and Shin
AN ACT Relating to a University of Washington branch campus in Snohomish county; and amending RCW 28B.45.010, 28B.45.012, and 28B.45.020.
Referred to Committee on Higher Education & Workforce Development.
SB 5865 by Senators Kauffman, Roach, McAuliffe, Hobbs, Kline and Shin
AN ACT Relating to a report on early learning services for low- income families; creating a new section; and repealing RCW 43.215.125.
Referred to Committee on Early Learning & K-12 Education.
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. 5833, which was referred to the Committee on Human Services & Corrections; Senate Bill No. 5844, which was referred to the Committee on Government Operations & Elections; and Senate Bill No. 5862 which was referred to the Committee on Labor, Commerce & Consumer Protection.
MOTION
On motion of Senator Eide, the Senate advanced to the eighth order of business.
MOTION
Senator Kohl-Welles moved adoption of the following resolution:
SENATE RESOLUTION
8621
By Senators Kohl-Welles, Jarrett, Haugen, Franklin, Holmquist, King, Honeyford, Murray, Ranker, Keiser, Kline, Jacobsen, Regala, McDermott, Prentice, Fraser, and Tom
WHEREAS, Participation in athletics is one of the most effective ways for girls and women in the United States to develop leadership skills, discipline, initiative, and self-confidence; and
WHEREAS, Sport and fitness activities contribute to girls' and women's emotional and physical well-being; and
WHEREAS, The communication, competition, and cooperation skills learned through athletic experience play a key role in the contributions of athletes to the home, workplace, and society; and
WHEREAS, Early motor skills training and enjoyable experiences of physical activity strongly encourage enduring habits of physical fitness; and
WHEREAS, Girls and women who participate in sports tend to have higher levels of self-esteem, fewer incidence of depression, and a reduced risk for heart disease, breast cancer, and other illnesses; and
WHEREAS, The bonds built among girls and women through athletics help to break down the social barriers of prejudice and discrimination; and
WHEREAS, The National Girls and Women in Sports Coalition, established in 1987, has declared February 4, 2009, to be National Girls and Women in Sports Day; and
WHEREAS, 60,703 female athletes participate in high school sports in Washington, constituting 42 percent of the total number of athletes; and
WHEREAS, High school girls' athletic teams in the state of Washington have achieved many accomplishments that serve as an inspiration to young women to promote the values of teamwork and cooperation; and
WHEREAS, Washington high schools foster outstanding achievements in girls' and women's sports, such as volleyball, soccer, tennis, softball, and basketball. These include state volleyball champions: Seattle Academy, Fife, Everett, Skyline, Colfax, and LaCross/Washtucna; and state soccer champions: King's, Tumwater, Shadle Park, Lewis and Clark, and LaSalle; and state tennis champions: Freeman, Meade, Davenport, Lynden, Kamiakin, and Central Kitsap; and state softball champions: Eastlake, Kennedy, Othello, Montesano, Toutle Lake, and Touchet; and state basketball champions: Lewis & Clark, Auburn Riverside, River Ridge, Lynden Christian, La Salle, and Garfield-Palouse; and
WHEREAS, Lindsey Marchand of the Peninsula High School swim team won the 100 meter butterfly at the Junior National Championships by setting a new meet record; and
WHEREAS, Institutions of higher education continue to produce elite athletes competing with pride, commitment, and passion. The participation of Washington female collegiate athletes is among the highest in the country at 48 percent of total athletes. Currently, there are 174 female athletes at Whitworth College, 430 female athletes at the University of Washington, 280 female athletes at Washington State University, 60 female athletes at The Evergreen State College, 148 female athletes at Seattle University, 82 female athletes at St. Martin's University, 165 female athletes at Eastern Washington University, 210 female athletes at Western Washington University, 191 female athletes at Central Washington University, 192 female athletes at Gonzaga University, 103 female athletes at Whitman College, 177 female athletes at Pacific Lutheran University, 263 female athletes at the University of Puget Sound, and 136 female athletes at Seattle Pacific University; and
WHEREAS, The number of funded research projects focusing on the specific needs of female athletes is limited and the information provided by the projects is imperative to the health and performance of future female athletes; and
WHEREAS, Washington colleges and universities have fostered outstanding achievements by women in sports; and
WHEREAS, The University of Washington women's cross country team won the NCAA Division I Championship, with 5 runners finishing in the Top 40, with team member Kendra Schaaf named as the Pac-10 Conference Women's Cross Country Athlete of the Year; and
WHEREAS, The Western Washington University women's rowing team won its fourth straight NCAA Division II National Championship, a first in NCAA history; and
WHEREAS, The Seattle Pacific University women's soccer team won the 2008 NCAA Division II National Championship, with team member Meredith Teague named the NCAA Division II National Player of the Year; and
WHEREAS, The Gonzaga University women's basketball team won the West Coast Conference Championship, with team member Heather Bowman named the West Coast Conference player of the year, and team member Stephanie Hawk became Gonzaga's second athlete to earn All-American honors from the Associated Press; and
WHEREAS, The Eastern Washington University volleyball team won the Big Sky Conference Title, playing in the Big Sky title match for eight of the last nine years, and finishing in the top three of the league standings for the 13th straight year; and
WHEREAS, The Whitworth College women's swim team placed first in the Northwest Conference, 10th in NCAA Division III, with Samantha Kephart and Natalie Turner achieving All-American honors; and
WHEREAS, The University of Puget Sound women's soccer team won its seventh straight Northwest Conference title, finishing the season undefeated; and
WHEREAS, Jessica Pixler of Seattle Pacific University won the cross country NCAA Division II National Championship for the second year in a row; and
WHEREAS, Courtney Schneider of the Western Washington University volleyball team was voted the Great Northwest Athletic Conference Female Athlete of the year; and
WHEREAS, Ebba Jungmark of Washington State University won the women's High Jump at the NCAA Division I Indoor Track & Field Championship, clearing the bar at 6 feet 2 ¼ inches; and
WHEREAS, The Pacific Lutheran University volleyball team won the Northwest Conference Championship, with player Beth Hanna named the Northwest Conference Volleyball Player of the Year for the second year in a row; and
WHEREAS, Washington State was proud to have participants at the 2008 Olympic Games in Beijing, China; and
WHEREAS, Melanie Roach of Bonney Lake, WA set a U.S. record in women's weightlifting at the Olympic Games in Beijing, by lifting a total of 193 kilograms (425.5 pounds) in the women's 53 kilogram division; and
WHEREAS, Hope Solo a former student at the University of Washington won a gold medal at the 2008 Olympic Games in Beijing, playing goalie for the U.S. women's soccer team, she and the team shut out Brazil 1-0 in the final match; and
WHEREAS, Washington is honored to host the Seattle Storm, the only women's professional basketball team in the Northwest and the first major professional sports team in Seattle to bring home a championship in more than 25 years; and
WHEREAS, Seattle Storm team members Lauren Jackson and Sue Bird were named to the All-WNBA second team; and
WHEREAS, Four local women with a history of civic, community, and Title IX involvement, Force 10 Hoops L.L.C., secured an exclusive option to purchase the Seattle Storm and keep the team in Seattle, making Lisa Brummel, Ginny Gilder, Anne Levinson, and Dawn Trudeau among the few women owners of any professional sports team anywhere in the nation;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor Washington girls and women in sports on February 4, 2009, and encourage others to observe the day with appropriate ceremonies and activities; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Washington State Senate and all of the aforementioned athletes and their respective institutions.
Senator Kohl-Welles spoke in favor of adoption of the resolution.
The President Pro Tempore declared the question before the Senate to be the adoption of Senate Resolution No. 8621.
The motion by Senator Kohl-Welles carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President Pro Tempore welcomed and introduced members of the Girls & Women in Sports Coalition, Missy Bequette, Director of Basketball Operations for the Seattle Storm; Tiffany Qunell, Head Softball Coach, St. Martin's University and Holly Morris, softball player, St. Martin's University who were seated in the gallery.
INTRODUCTION OF SPECIAL GUESTS
The President Pro Tempore welcomed and introduced Sam Green, the Washington State's Poet Laureate, who was seated at the rostrum.
With permission of the Senate, business was suspended to allow Washington State Poet Laureate Sam Green read one of his poems.
REMARKS BY SAM GREEN
Sam Green: “Thank you Madam President, Senators, guests. I just turned sixty imagine my surprise to find myself at sixty. After a life of what I thought was rebellious youth, more conservative and more old fashion than I ever expected to be. One of the things that has happened is that I realized I’ve actually spent a life time listening to my elders when what I thought I was doing was spending a life time rebelling against them. Since 1982 I’ve lived in a tiny Island in the San Juan’s. One of those that’s off the grid. My wife and I haven’t had electricity for twenty-six years. We have an awful lot of old neighbors and one of the first things we had to do was to talk to them about how to survive in such a place. I was walking one day around some fields with one of the elders and I asked him how the stones got around the edges. There are huge piles of stones everywhere. Where did these come from? I said. So, he told me and after listening to this story, which is essentially about how they got rid of big rocks I realized he just given me a life lesson.
Exemplar
When the old timers cleared their fields for the plow
They sometimes found boulders too big for horse and skid
They covered these over with brush and waited for weathers safe enough to burn then lugged sea water in buckets up the steep bluff from the beach and poured it over the hot rock which would rapidly hiss, contract and split
They did this again and again until the stones were small enough to manage. These they hauled or tossed to the boundaries of their lives work.
The seeds they broadcast with their best faith upon the turned earth against the coming push of frost.
So I asked him afterwards, ‘Wait a minute. You mean you have to do it again?’ He says, ‘Oh yeah, it happens all the time. The problem’s not the problem. The problem is knowing how to solve the problem. Once you have that, it’s all gravy.’ Thank you very much.
MOTION
At 10:24 a.m., on motion of Senator Eide, the Senate adjourned until 12:00 noon, Thursday, February 5, 2009.
BRAD OWEN, President of the Senate
THOMAS HOEMANN, Secretary of the Senate