THIRTY-SECOND DAY

 

MORNING SESSION

Senate Chamber, Olympia, Thursday, February 12, 2009

 

      The Senate was called to order at 8:00 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 Senator Fairley.

      The Sergeant at Arms Color Guard consisting of Pages Stephanie Thomas and Riley Tinney, presented the Colors. Senator Shin offered the prayer.

 

MOTION

 

On motion of Senator Regala, Senator Fairley was excused.

 

      The President assumed the chair.

 

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 11, 2009

SB 5071             Prime Sponsor, Senator Jacobsen: Designating the Olympic marmot the official endemic mammal of the state of Washington. Reported by Committee on Natural Resources, Ocean & Recreation

 

MAJORITY recommendation: Do pass. Signed by Senators Jacobsen, Chair; Ranker, Vice Chair; Morton; Fraser; Stevens and Swecker.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5120             Prime Sponsor, Senator Fairley: Regarding agricultural structures. Reported by Committee on Government Operations & Elections

 

MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Roach; Benton; McDermott; Pridemore and Swecker.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5130             Prime Sponsor, Senator Carrell: Regarding prisoner access to public records. Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation: That Substitute Senate Bill No. 5130 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Stevens; Brandland; Carrell and Kauffman.

 

Passed to Committee on Rules for second reading.

 


February 10, 2009

SB 5141             Prime Sponsor, Senator Hargrove: Creating a pilot program to increase family participation in juvenile offender programs. Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation: That Substitute Senate Bill No. 5141 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Stevens; Brandland; Carrell and Kauffman.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5167             Prime Sponsor, Senator Regala: 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. Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation: That Substitute Senate Bill No. 5167 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Stevens; Brandland; Carrell and Kauffman.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5209             Prime Sponsor, Senator Regala: Concerning counseling for witnesses in civil commitment proceedings under chapter 71.09 RCW. Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation: That Substitute Senate Bill No. 5209 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Stevens; Brandland; Carrell and Kauffman.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5212             Prime Sponsor, Senator Kilmer: Modifying parenting plans based on the military service of a parent. Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation: That Substitute Senate Bill No. 5212 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Stevens; Brandland; Carrell and Kauffman.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5261             Prime Sponsor, Senator Regala: Creating an electronic statewide unified sex offender registry program. Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation: That Substitute Senate Bill No. 5261 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Stevens; Brandland; Carrell and Kauffman.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5286             Prime Sponsor, Senator Regala: Regarding exemptions from the WorkFirst program. Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation: That Substitute Senate Bill No. 5286 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Stevens; Brandland; Carrell and Kauffman.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5305             Prime Sponsor, Senator Schoesler: Repealing certain obsolete state retirement system statutes. 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; Zarelli; Brandland; Carrell; Fairley; Hobbs; Honeyford; Keiser; Kline; Kohl-Welles; McDermott; Murray; Parlette; Pflug; Pridemore; Regala; Rockefeller and Schoesler.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5319             Prime Sponsor, Senator Kohl-Welles: Providing economic stimulus through the unemployment insurance program. Reported by Committee on Ways & Means

 

MAJORITY recommendation: That Second Substitute Senate Bill No. 5319 be substituted therefor, and the second substitute bill do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Zarelli; Fairley; Hobbs; Keiser; Kline; Kohl-Welles; McDermott; Murray; Pridemore; Regala and Rockefeller.

 

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Brandland; Carrell; Honeyford; Parlette; Pflug and Schoesler.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5323             Prime Sponsor, Senator Fairley: Authorizing the substitution of growth management hearings board members in the case of vacancy, disqualification, illness, or injury. Reported by Committee on Government Operations & Elections

 

MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; McDermott and Pridemore.

 

MINORITY recommendation: Do not pass. Signed by Senators Roach and Benton.

 

MINORITY recommendation: That it be referred without recommendation. Signed by Senator Swecker.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5354             Prime Sponsor, Senator Haugen: Regarding public hospital capital facility areas. Reported by Committee on Government Operations & Elections

 

MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; McDermott; Pridemore and Swecker.

 

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Roach and Benton.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5438             Prime Sponsor, Senator Rockefeller: Allowing crime victims to submit input to the department of corrections regarding an offender's placement in work release. Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation: Do pass. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland; Carrell and Kauffman.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5445             Prime Sponsor, Senator McDermott: Concerning facilities for local governments. Reported by Committee on Government Operations & Elections

 

MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; McDermott; Pridemore and Swecker.

 

MINORITY recommendation: Do not pass. Signed by Senators Roach and Benton.

 

Passed to Committee on Ways & Means.

 

February 10, 2009

SB 5511             Prime Sponsor, Senator Prentice: Making changes affecting city-county assistance account distributions in response to the recommendations of the joint legislative audit and review committee. 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; Zarelli; Brandland; Carrell; Fairley; Hobbs; Honeyford; Keiser; Kline; Kohl-Welles; McDermott; Murray; Oemig; Parlette; Pflug; Pridemore; Regala; Rockefeller and Schoesler.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5534             Prime Sponsor, Senator Kohl-Welles: Changing requirements for the restoration of the right to vote for people convicted of felonies. Reported by Committee on Government Operations & Elections

 

MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; McDermott and Pridemore.

 

MINORITY recommendation: Do not pass. Signed by Senators Roach; Benton and Swecker.

 

Passed to Committee on Rules for second reading.

 

February 11, 2009

SB 5553             Prime Sponsor, Senator Kilmer: Promoting economic development through promoting innovation and the commercialization of technologies. Reported by Committee on Economic Development, Trade & Innovation

 

MAJORITY recommendation: That Substitute Senate Bill No. 5553 be substituted therefor, and the substitute bill do pass. Signed by Senators Kastama, Chair; Shin, Vice Chair; Zarelli; Delvin; Eide and Kilmer.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5567             Prime Sponsor, Senator Fraser: Clarifying prospectively the measure of the taxes imposed on public utility districts as provided in chapter 54.28 RCW. 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; Hobbs; Keiser; Kline; Kohl-Welles; McDermott; Murray; Oemig; Pridemore; Regala and Rockefeller.

 

MINORITY recommendation: Do not pass. Signed by Senators Zarelli; Brandland; Carrell; Honeyford; Parlette and Schoesler.

 

MINORITY recommendation: That it be referred without recommendation. Signed by Senator Pflug.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5568             Prime Sponsor, Senator Tom: Enhancing tax collection tools for the department of revenue in order to promote fairness and administrative efficiency. 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; Zarelli; Brandland; Fairley; Hobbs; Honeyford; Keiser; Kline; Kohl-Welles; McDermott; Murray; Oemig; Parlette; Pflug; Pridemore; Regala; Rockefeller and Schoesler.

 

MINORITY recommendation: Do not pass. Signed by Senator Carrell.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5570             Prime Sponsor, Senator Prentice: Providing a property tax exemption for real and personal property leased to public hospitals established under chapter 36.62 RCW. 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; Zarelli; Brandland; Carrell; Fairley; Hobbs; Honeyford; Keiser; Kohl-Welles; McDermott; Murray; Oemig; Parlette; Pflug; Pridemore; Regala; Rockefeller and Schoesler.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5580             Prime Sponsor, Senator Pridemore: Concerning school impact fees. 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; Zarelli; Brandland; Fairley; Hobbs; Keiser; Kline; Kohl-Welles; McDermott; Murray; Parlette; Pridemore; Regala and Rockefeller.

 

MINORITY recommendation: Do not pass. Signed by Senators Carrell and Honeyford.

 

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Pflug and Schoesler.

 

Passed to Committee on Rules for second reading.

 

February 10, 2009

SB 5587             Prime Sponsor, Senator Pridemore: Authorizing existing city and county real estate excise taxes to be expended on municipally owned heavy rail short lines. Reported by Committee on Government Operations & Elections

 

MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Benton; McDermott; Pridemore and Swecker.

 

MINORITY recommendation: That it be referred without recommendation. Signed by Senator Roach.

 

Passed to Committee on Rules for second reading.

 

February 11, 2009

SB 5602             Prime Sponsor, Senator Regala: Concerning the conservation of forest lands. Reported by Committee on Natural Resources, Ocean & Recreation

 

MAJORITY recommendation: Do pass. Signed by Senators Jacobsen, Chair; Ranker, Vice Chair; Morton; Fraser; Hatfield; Stevens and Swecker.

 

Passed to Committee on Rules for second reading.

 

February 11, 2009

SB 5723             Prime Sponsor, Senator Kastama: Providing support for small business assistance. Reported by Committee on Economic Development, Trade & Innovation

 

MAJORITY recommendation: That Substitute Senate Bill No. 5723 be substituted therefor, and the substitute bill do pass. Signed by Senators Kastama, Chair; Shin, Vice Chair; Zarelli; Delvin; Eide and Kilmer.

 

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 Senate Bill No. 5445 which was referred to the Committee on Ways & Means.

 

MOTION

 

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

 

INTRODUCTION AND FIRST READING

 

SB 5987             by Senators Regala, Hargrove and Shin

 

AN ACT Relating to department of corrections training; amending RCW 43.101.220; adding a new section to chapter 43.10 RCW; and creating a new section.

 

Referred to Committee on Human Services & Corrections.

 

SB 5988             by Senator Jacobsen

 

AN ACT Relating to visitation by caregivers in dependency matters; and amending RCW 13.34.385.

 

Referred to Committee on Human Services & Corrections.

 

SB 5989             by Senator Sheldon

 

AN ACT Relating to the greenhouse gas emissions performance standard under chapter 80.80 RCW; and amending RCW 80.80.060.

 

Referred to Committee on Environment, Water & Energy.

 

SB 5990             by Senators Benton and McDermott

 

AN ACT Relating to campaign contribution limitations prior to and during legislative sessions; and reenacting and amending RCW 42.17.710.

 

Referred to Committee on Government Operations & Elections.

 

SB 5991             by Senator Benton

 

AN ACT Relating to use of public resources by office holders during campaigns; and amending RCW 42.52.180.

 

Referred to Committee on Government Operations & Elections.

 

SB 5992             by Senators Honeyford, Schoesler, Hatfield, Holmquist, Delvin, Hewitt and Shin

 

AN ACT Relating to creating the community agricultural worker safety grant program; adding a new section to chapter 15.04 RCW; creating a new section; and providing an expiration date.

 

Referred to Committee on Agriculture & Rural Economic Development.

 

SB 5993             by Senators Tom and Kohl-Welles

 

AN ACT Relating to licensed child care; and amending RCW 43.215.205.

 

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

 

SB 5994             by Senators Pridemore, Schoesler and Honeyford

 

AN ACT Relating to eliminating boards and commissions on June 30, 2010; amending RCW 28C.18.050, 28C.18.090, 18.106.010, 18.106.040, 18.106.050, 18.106.070, 43.03.027, 43.03.028, 34.12.100, 42.17.370, 43.03.040, 43.63A.760, 18.250.010, 18.250.020, 18.250.060, 70.47.040, 43.70.665, 39.10.210, 39.10.230, 39.10.250, 39.10.270, 39.10.280, 39.10.290, 39.10.320, 39.10.350, 39.10.430, 39.10.460, 43.131.408, 39.04.350, 18.205.020, 18.205.060, 28A.300.520, 43.215.065, 72.09.495, 74.04.800, 74.13.031, 74.15.050, 74.15.060, 41.04.033, 41.04.0331, 41.04.0332, 43.101.380, 43.105.052, 72.23.025, 43.330.280, 43.160.060, 43.330.080, 43.330.250, 43.330.270, 82.33A.020, 39.102.040, 43.160.900, 43.330.050, 43.330.082, 43.330.310, 82.33A.010, 70.168.030, 70.168.050, 70.168.060, 70.168.130, 18.76.050, 38.52.030, 38.52.070, 38.52.240, 38.52.330, 46.48.170, 18.73.030, 18.73.101, 15.76.110, 15.76.150, 70.112.010, 70.112.020, 43.43.934, 43.43.962, 38.52.530, 49.26.120, 48.62.061, 41.05.035, 28B.76.280, 18.280.010, 18.280.030, 18.280.050, 18.280.060, 18.280.070, 18.280.080, 18.280.110, 18.280.120, 18.280.130, 43.330.090, 43.105.020, 43.105.041, 43.105.805, 43.105.820, 18.225.010, 18.225.040, 16.57.353, 18.50.045, 18.50.060, 18.50.105, 77.12.670, 77.08.045, 18.36A.020, 18.36A.080, 18.36A.110, 46.09.020, 43.30.820, 18.210.010, 18.210.050, 18.210.060, 70.118.110, 43.43.866, 43.10.240, 18.200.010, 18.200.050, 18.200.070, 13.60.110, 90.71.010, 90.71.210, 90.71.230, 90.71.240, 90.71.270, 90.71.310, 18.140.010, 18.140.030, 18.140.160, 18.140.170, 77.95.100, 77.95.180, 77.95.190, 82.58.020, 70.95.030, 43.21A.520, 70.105.010, 70.105.160, 46.16.316, 46.16.715, 46.16.725, 46.16.745, 46.16.755, 46.16.775, 46.16.30901, 46.16.30903, 46.16.30905, 46.16.30907, 46.16.30909, 46.16.30911, 46.16.30913, 46.16.30914, 46.16.30916, 46.16.30918, 46.16.30920, 46.16.30922, 46.16.30924, 46.16.30926, 46.16.30928, 70.119A.180, 90.86.030, 18.104.040, 18.104.043, 18.104.049, 18.104.100, 18.104.200, 28C.04.390, 28C.04.420, and 43.15.020; amending 2007 c 465 s 3 (uncodified); amending 2005 c 158 s 3 (uncodified); reenacting and amending RCW 74.15.030, 18.71.205, 77.12.690, and 46.16.233; creating new sections; repealing RCW 28B.50.254, 18.106.110, 18.250.030, 39.10.220, 39.10.240, 39.10.260, 43.34.080, 18.205.080, 43.63A.068, 43.101.310, 43.101.315, 43.101.320, 43.101.325, 43.101.330, 43.101.335, 43.101.340, 43.101.345, 43.105.055, 70.198.010, 43.215.090, 43.162.005, 43.162.010, 43.162.015, 43.162.020, 43.162.025, 43.162.030, 70.168.020, 38.52.040, 18.73.040, 18.73.050, 15.76.170, 70.112.030, 70.112.040, 70.112.050, 43.43.932, 43.43.936, 70.105E.070, 70.105E.090, 48.62.051, 48.62.041, 28B.76.100, 18.280.040, 10.98.200, 10.98.210, 10.98.220, 10.98.230, 10.98.240, 43.105.800, 43.105.810, 18.225.060, 18.225.070, 16.57.015, 71.09.320, 18.50.140, 18.50.150, 77.12.680, 18.36A.070, 46.09.280, 18.210.040, 18.210.070, 70.118.100, 43.43.858, 43.43.860, 43.43.862, 43.43.864, 10.29.030, 10.29.040, 10.29.080, 10.29.090, 18.200.060, 72.09.800, 13.60.120, 42.56.140, 90.71.250, 18.140.230, 18.140.240, 18.140.250, 77.95.110, 77.95.120, 70.95.040, 70.95.050, 70.95.070, 70.105.060, 46.16.705, 50.12.200, 70.119A.160, 18.104.190, 27.34.360, 27.34.365, 27.34.370, 27.34.375, and 27.34.380; providing an effective date; and providing an expiration date.

 

Referred to Committee on Government Operations & Elections.

 

SB 5995             by Senators Pridemore, Schoesler and Honeyford

 

AN ACT Relating to eliminating certain boards, committees, and commissions and the transfer of certain duties effective June 30, 2009; amending RCW 18.06.080, 43.121.100, 46.20.100, 46.82.280, 46.82.330, 46.82.420, 70.128.163, 18.44.011, 18.44.195, 18.44.221, 18.44.251, 43.70.056, 13.40.462, 13.40.510, 43.08.250, 43.70.555, 74.14A.060, 74.14C.050, 19.146.225, 46.20.520, 70.149.040, 79A.75.900, 70.14.060, 4.92.130, 18.84.040, 18.84.070, 70.104.090, 15.92.070, 17.21.020, 90.56.005, 90.56.060, 70.94.524, 70.94.527, 70.94.528, 70.94.534, 70.94.537, 70.94.541, 70.94.551, 70.94.996, 82.70.060, 47.06.050, 47.60.286, 47.60.290, 47.60.330, 28B.116.020, 28B.12.040, 46.01.325, 46.01.140, and 43.15.020; reenacting and amending RCW 69.50.520; creating new sections; repealing RCW 43.121.010, 43.121.015, 43.121.020, 43.121.030, 43.121.040, 43.121.050, 43.121.060, 43.121.070, 43.121.080, 43.121.110, 43.121.120, 43.121.130, 43.121.140, 43.121.150, 43.121.160, 43.121.170, 43.121.175, 43.121.180, 43.121.910, 28B.04.085, 46.82.300, 70.128.225, 18.20.260, 70.96A.070, 18.44.500, 18.44.510, 70.190.005, 70.190.010, 70.190.020, 70.190.030, 70.190.040, 70.190.050, 70.190.060, 70.190.065, 70.190.070, 70.190.075, 70.190.080, 70.190.085, 70.190.090, 70.190.100, 70.190.110, 70.190.120, 70.190.130, 70.190.150, 70.190.160, 70.190.170, 70.190.180, 70.190.190, 70.190.910, 70.190.920, 79A.25.220, 19.146.280, 43.09.430, 43.09.435, 43.09.440, 43.09.445, 43.09.450, 43.09.455, 43.09.460, 4.92.230, 21.20.550, 21.20.560, 21.20.570, 21.20.580, 21.20.590, 17.15.040, 17.21.230, 17.21.240, 17.21.250, 17.21.260, 17.21.270, 70.104.070, 70.104.080, 90.56.120, 90.56.130, 70.94.544, 43.360.040, 47.60.310, 28B.116.040, 46.01.320, 18.155.050, 74.32.100, 74.32.110, 74.32.120, 74.32.130, 74.32.140, 74.32.150, 74.32.160, 74.32.170, and 74.32.180; repealing 2008 c 311 s 1 (uncodified); repealing 2008 c 311 s 2 (uncodified); repealing 2008 c 311 s 3 (uncodified); repealing 2008 c 311 s 4 (uncodified); repealing 1997 c 406 s 1 (uncodified); providing an effective date; providing expiration dates; and declaring an emergency.

 

Referred to Committee on Government Operations & Elections.

 

SB 5996             by Senators Hobbs, Zarelli, Hewitt, Roach and Holmquist

 

AN ACT Relating to reducing the business and occupation tax rate for retailers, wholesalers, and service providers of motor vehicles; reenacting and amending RCW 82.04.260; and providing an effective date.

 

Referred to Committee on Ways & Means.

 

SB 5997             by Senators Murray, Parlette, Holmquist, Hobbs, Prentice, Schoesler, Hatfield, Hewitt, Shin and Franklin

 

AN ACT Relating to providing sales and use tax exemptions to eligible data centers located in a rural county as defined in RCW 82.14.370(5); adding a new section to chapter 82.08 RCW; and adding a new section to chapter 82.12 RCW.

 

Referred to Committee on Ways & Means.

 

SB 5998             by Senators Keiser, Pflug, Marr, Parlette and Shin

 

AN ACT Relating to health carrier payment of wellness incentives; and amending RCW 48.30.140 and 48.30.150.

 

Referred to Committee on Health & Long-Term Care.

 

SB 5999             by Senator Jacobsen

 

AN ACT Relating to intercounty rural library districts; amending RCW 27.12.190, 27.12.355, and 27.12.222; and adding new sections to chapter 27.12 RCW.

 

Referred to Committee on Government Operations & Elections.

 

SB 6000             by Senators Fraser, Benton, Tom and Roach

 

AN ACT Relating to real estate disclosure requirements regarding homeowners' associations; and amending RCW 64.06.015 and 64.06.020.

 

Referred to Committee on Financial Institutions, Housing & Insurance.

 

SB 6001             by Senators Pridemore and Shin

 

AN ACT Relating to quality management, accountability, and performance systems; and amending RCW 43.17.380, 43.17.385, and 43.17.390.

 

Referred to Committee on Economic Development, Trade & Innovation.

 

SB 6002             by Senators Keiser and Pridemore

 

AN ACT Relating to the Washington state quality forum; amending RCW 70.56.030; and repealing RCW 41.05.029.

 

Referred to Committee on Health & Long-Term Care.

 

SB 6003             by Senator Haugen

 

AN ACT Relating to claims brought for the injury, illness, or death of seamen occurring from employment with the state; and amending RCW 4.92.090 and 51.12.100.

 

Referred to Committee on Transportation.

 

SB 6004             by Senators Ranker, Oemig, Pridemore, Rockefeller and Kline

 

AN ACT Relating to the consolidation of certain salmon recovery activities and programs within the recreation and conservation office; amending RCW 77.85.030, 77.85.020, 77.85.250, 77.85.140, and 77.85.005; adding new sections to chapter 79A.25 RCW; creating new sections; recodifying RCW 77.85.020, 77.85.030, and 77.85.250; repealing RCW 77.85.100; and providing expiration dates.

 

Referred to Committee on Natural Resources, Ocean & Recreation.

 

SB 6005             by Senators Ranker, Haugen, Kilmer, Marr, Pridemore and Shin

 

AN ACT Relating to the acquisition of state ferry vessels through the use of certain tourism industry tax revenues; amending RCW 67.28.180; adding a new section to chapter 47.60 RCW; and creating a new section.

 

Referred to Committee on Transportation.

 

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. 5994 and Senate Bill No. 5995 which were referred to the Committee on Government Operations & Elections.

MOTION

 

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

 

MOTION

 

      Senator Honeyford moved adoption of the following resolution:

 

SENATE RESOLUTION

8623

 

By Senator Honeyford

      WHEREAS, Abraham Lincoln, the 16th President of the United States, embodies the essence of the American Spirit, guided his country through a tragic but redemptive period in American history that ended slavery and preserved the Union, and planned for a post-Civil War peace that would have been conducted "with malice toward none and charity for all;" and

      WHEREAS, In 1849, Abraham Lincoln was offered the governorship of Oregon Territory, of which the state of Washington was once a part, but he declined so that he could pursue his legal and political career in Illinois; and

      WHEREAS, Abraham Lincoln nonetheless contributed to the development of the state of Washington, the great Northwest, and indeed the entire nation by his support for the Homestead Act, the establishment of land grant colleges, and the launching of the Northern Pacific Railroad; and

      WHEREAS, Abraham Lincoln's territorial appointees, especially to the Supreme Court of Washington Territory, were noteworthy for their trustworthiness and competence; and

      WHEREAS, In previous recognition of his exemplary life and commitment to duty, the Washington Territorial Legislature created Lincoln County in 1883;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize the 200th anniversary of Abraham Lincoln's birth and celebrate the life and accomplishments of this remarkable citizen, president, and inspirational American.

      Senators Honeyford, Hewitt, Schoesler, Roach, Parlette, Franklin and Brandland spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8623.

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

 

PERSONAL PRIVILEGE

 

Senator Honeyford: “Thank you Mr. President. The author of this resolution is in the north gallery and I would appreciate it if you’d recognize him.”

 

INTRODUCTION OF SPECIAL GUESTS

 

      The President welcomed and introduced the Director of the Washington State Historical Society, David L. Nicandri who was seated in the gallery.

 

MOTION

 

At 8:24 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

 


The Senate was called to order at 9:07 a.m. by President Owen.

 

MOTION

 

      On motion of Senator Eide, the Senate reverted to the sixth order of business.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1906, by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Kenney, Wood, Moeller, Green, Hudgins, Williams, Dickerson, Sells, Sullivan, Appleton, Morrell, Hasegawa, Darneille, Ormsby, Kagi, Van De Wege, Santos, Goodman, McCoy, Cody, Simpson and Nelson)

 

      Improving economic security through unemployment compensation.

 

      The measure was read the second time.

 

MOTION

 

Senator Honeyford moved that the following amendment by Senator Honeyford be adopted.

On page 5, line 7, after "April 5, 2009" insert ", provided that the rate of total unemployment, seasonally adjusted, as determined by the United States secretary of labor, continues to equal or exceed six percent. Claims with an effective date after the first Sunday following the first date on which the rate of total unemployment, seasonally adjusted, is less than six percent, are subject to RCW 50.22.150, regardless of subsequent increases in the rate of total unemployment"

On page 8, line 29, after "April 5, 2009" insert ", and to claims with an effective date on or after the first Sunday following the first date on which the rate of total unemployment, seasonally adjusted, as determined by the United States secretary of labor is less than six percent, regardless of subsequent increases in the rate of total unemployment"

      Senator Honeyford spoke in favor of adoption of the amendment.

      Senator Kohl-Welles spoke against adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Honeyford on page 5, line 7 to Engrossed Substitute House Bill No. 1906.

The motion by Senator Honeyford failed and the amendment was not adopted by voice vote.

 

MOTION

 

Senator Holmquist moved that the following amendment by Senator Holmquist and others be adopted.

      On page 20, line 23, after (h) , insert "With respect to claims where the minimum amount payable weekly is increased to one hundred fifty-five dollars pursuant to section 2(3) of this act, benefits paid that exceed the benefits that would have been paid if the minimum amount payable weekly had been calculated pursuant to RCW 50.20.120 shall not be charged to the experience rating account of any contribution paying employer. (i)"

      Senator Holmquist spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Holmquist and others on page 20, line 23 to Engrossed Substitute House Bill No. 1906.

The motion by Senator Holmquist carried and the amendment was adopted by voice vote.

 

MOTION

 

      On motion of Senator Kohl-Welles, the rules were suspended, Engrossed Substitute House Bill No. 1906 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles, Holmquist, Keiser, Marr, Parlette and Brandland spoke in favor of passage of the bill.

      Senators Hewitt and Schoesler spoke against passage of the bill.

      Senator Pflug spoke on final passage of the bill.

 

MOTION

 

On motion of Senator Brandland, Senator Becker was excused.

 

MOTION

 

On motion of Senator Marr, Senator Ranker was excused.

 

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1906 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1906 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hobbs, Holmquist, Honeyford, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Sheldon, Shin, Swecker, Tom and Zarelli

      Voting nay: Senators Hewitt, Morton, Schoesler and Stevens

      Excused: Senators Becker and Fairley

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1906, as amended by the Senate having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      SENATE BILL NO. 5899, by Senators Kilmer, Franklin, Kastama, Shin, Marr, McAuliffe, Haugen, Brown, Berkey, Prentice, Fairley, Regala, Keiser, Eide, Rockefeller, Murray, Hatfield, Hargrove, Sheldon, Oemig and Kline

 

      Providing a business and occupation tax credit for qualified employment positions.

 

MOTIONS

 

      On motion of Senator Kilmer, Substitute Senate Bill No. 5899 was substituted for Senate Bill No. 5899 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Kilmer, the rules were suspended, Substitute Senate Bill No. 5899 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kilmer spoke in favor of passage of the bill.


 

MOTION

 

On motion of Senator Eide, Senator Ranker was excused.

 

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5899.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5899 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Excused: Senators Becker, Fairley and Ranker

      SUBSTITUTE SENATE BILL NO. 5899, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

PERSONAL PRIVILEGE

 

Senator Hewitt: “Thank you Mr. President. Well you know, you and I have a little bit in common. We both of us have this semi new look this year, both of us married wives taller than us, both of our wives are prettier than us, both of our wives are younger than us, both of them have more hair than us as well. Thank you Mr. President. I’ve been to your home and I’ve seen you cook, so I’m fairly certain that these cookies before us today did not come from your hand but from your beautiful younger, taller than your wife. So, I would like to personally thank Linda and you because you did deliver them for a nice Valentine and may she have a good time looking down upon you on Valentine’s Day. Thank you Mr. President.”

 

PERSONAL PRIVILEGE

 

Senator Eide: “Well, thank you. Well, I too would like to stand and thank your lovely wife Linda for all the cookies that she has delivered throughout the years and she’s never failed to make us treats on Valentine’s Day. You make sure that you go home and tell her that she’s a sweetheart.”

 

PERSONAL PRIVILEGE

 

Senator Eide: “Not only are we celebrating the birthday of Abe Lincoln, we are also celebrating the birth of Senator Hobbs today. So, we need to make sure that we say Happy Birthday to Senator Hobbs.”

 

PERSONAL PRIVILEGE

 

Senator Brandland: “Well, I certainly appreciate Senator Hewitt talking about wives because today is my wedding anniversary. Thirty-seven years today so it isn’t Valentine’s Day, it is my anniversary so thank you for the anniversary cookies. I also would like to thank Senator Benton. He got Valentine’s flowers but he’s allowed me to share with today so I could have anniversary flowers on my desk. I got to tell you, being in the Legislature and having to celebrate your anniversary on the floor of the legislature when your wife is one hundred fifty miles away, it’s just not the same. So, I just want you all to know that I love being here but, be very honest with you, I’d rather be about one hundred fifty miles from here. Thank you.”

 

REMARKS BY THE PRESIDENT

 

President Owen: “If the President may indulge you for a moment, about the cookies. Because, normally, she will, after an impassioned request by Senator McCaslin a few years ago she did start making two different types but after thirteen hours yesterday at working on the cookies I made the mistake of asking her if she made two different types. She said no, but she did ask to share with you that, Senator McCaslin, they were made with love and that even though you may not be able to eat chocolate chip cookies, if you would share them with your staff, the cookies will do as they intended and even though you will not feel the love in your stomach, you will feel it in your heart, if you would share them with somebody else. Thank you.”

 

MOTION

 

      At 9:51 a.m., on motion of Senator Eide, the Senate adjourned until 10:00 a.m. Friday, February 13, 2009.

 

BRAD OWEN, President of the Senate

 

THOMAS HOEMANN, Secretary of the Senate