NOON SESSION

Senate Chamber, Olympia, Thursday, January 13, 2011

The Senate was called to order at 12:00 noon by the President Pro Tempore. 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 third order of business.

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

November 30, 2010

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.

BETH THEW, reappointed November 30, 2010, for the term ending June 30, 2014, as Member of the Work Force Training and Education Coordinating Board.

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Higher Education & Workforce Development.

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 5077 by Senators Pflug, Shin, Carrell, Swecker, Sheldon, Becker, Honeyford, Benton, Schoesler, Stevens, Delvin, Keiser, Hewitt, Roach and Holmquist Newbry

AN ACT Relating to prohibiting the use of eminent domain for economic development; and adding a new chapter to Title 8 RCW.

Referred to Committee on Government Operations, Tribal Relations & Elections.

SB 5078 by Senators Shin, Swecker, Becker, Benton, Honeyford, Schoesler, Stevens, Hewitt, Carrell and Roach

AN ACT Relating to conditions of threat to public health, safety, or welfare on real property; amending RCW 35.81.080; and adding a new section to chapter 35.81 RCW.

Referred to Committee on Government Operations, Tribal Relations & Elections.

SB 5079 by Senators Conway, Kline, Pflug, Kohl-Welles, Haugen, Fraser and Chase

AN ACT Relating to the consumer protection act; and amending RCW 19.86.080 and 19.86.010.

Referred to Committee on Judiciary.

SB 5080 by Senators Sheldon, Rockefeller, Shin and Chase

AN ACT Relating to control of water pollution; amending RCW 70.146.010, 70.146.030, 90.50A.005, and 90.50A.010; and reenacting and amending RCW 70.146.020.

Referred to Committee on Environment, Water & Energy.

SB 5081 by Senators Pridemore, Swecker, Shin, Sheldon and Chase

AN ACT Relating to making the office of the county auditor a nonpartisan office; and amending RCW 29A.04.110 and 29A.36.121.

Referred to Committee on Government Operations, Tribal Relations & Elections.

SB 5082 by Senators Pflug, Regala, White, Litzow and Tom

AN ACT Relating to the use of electronic signatures and notices; and amending RCW 19.09.085, 19.34.231, 23B.01.500, 23B.01.510, 24.03.400, 24.06.445, and 24.12.051.

Referred to Committee on Judiciary.

SB 5083 by Senators Ranker, Kilmer, Swecker, Hobbs, Holmquist Newbry, Zarelli, Hargrove, Eide, Harper, Tom, Honeyford, White, Parlette, Ericksen, Shin, Hewitt, Sheldon, Roach and Benton

AN ACT Relating to clarifying that the basis for business and occupation tax for real estate firms is the commission amount received by each real estate firm involved in a transaction; amending RCW 82.04.255; and creating new sections.

Referred to Committee on Ways & Means.

SB 5084 by Senators Regala, Morton and Chase

AN ACT Relating to sale, lease, and disposal of lands within the Seashore Conservation Area; and amending RCW 79A.05.630.

Referred to Committee on Natural Resources & Marine Waters.

SB 5085 by Senator Kline

AN ACT Relating to modifying provisions on personal property exempt from execution, attachment, and garnishment; amending RCW 6.15.010, 6.15.020, and 48.18.430; and adding a new section to chapter 2.48 RCW.

Referred to Committee on Judiciary.

SB 5086 by Senators Kline, Rockefeller, Ranker, Harper, Honeyford and Chase

AN ACT Relating to the use of geothermal resources for commercial electricity production; amending RCW 78.60.040 and 78.60.060; and repealing RCW 43.140.900.

Referred to Committee on Environment, Water & Energy.

SB 5087 by Senators Sheldon, Honeyford, Hatfield and Shin

AN ACT Relating to noxious weed lists; and amending RCW 17.10.007, 17.10.080, and 17.10.090.

Referred to Committee on Agriculture & Rural Economic Development.

SB 5088 by Senators Haugen, Swecker, Hobbs, Hatfield, Harper, Shin, Rockefeller, Parlette and Tom

AN ACT Relating to recovering costs of production and copying of public records; and amending RCW 42.56.120.

Referred to Committee on Government Operations, Tribal Relations & Elections.

SB 5089 by Senators Hatfield, Swecker, Harper, Nelson, Parlette and Chase

AN ACT Relating to conferences regarding public records requests disputes; and reenacting and amending RCW 42.56.550.

Referred to Committee on Government Operations, Tribal Relations & Elections.

SB 5090 by Senators Regala, Swecker, Fraser and Chase

AN ACT Relating to the expiration date of the invasive species council and account; amending RCW 79A.25.310 and 79A.25.370; creating a new section; repealing 2007 c 241 s 75 (uncodified); repealing 2006 c 152 s 10 (uncodified); and providing an expiration date.

Referred to Committee on Natural Resources & Marine Waters.

SB 5091 by Senators Keiser and Shin

AN ACT Relating to delaying the implementation of the family leave insurance program; amending RCW 49.86.030, 49.86.190, 49.86.210, and 49.86.150; and providing an expiration date.

Referred to Committee on Labor, Commerce & Consumer Protection.

SB 5092 by Senators Keiser and McAuliffe

AN ACT Relating to oversight of licensed or certified long-term care settings for vulnerable adults; amending RCW 70.128.005, 70.128.050, 70.128.065, 70.128.070, 70.128.120, 70.128.130, 70.128.140, 70.128.160, 70.128.220, 18.51.050, 18.20.050, and 70.128.060; adding new sections to chapter 74.39A RCW; creating new sections; repealing RCW 70.128.175; prescribing penalties; providing an effective date; and declaring an emergency.

Referred to Committee on Health & Long-Term Care.

SB 5093 by Senators McAuliffe and Shin

AN ACT Relating to revising education provisions to implement budget reductions; amending RCW 28A.300.136, 28A.300.137, 28A.300.380, 28A.300.515, 28A.630.016, 28A.655.066, and 28A.500.030; providing expiration dates; and declaring an emergency.

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

SB 5094 by Senators Murray, Zarelli, Kilmer and Parlette

AN ACT Relating to fiscal matters; amending RCW 15.76.115, 28A.600.110, 28A.600.150, 28B.76.660, 28B.102.040, 28B.102.050, 28B.15.068, 28B.115.080, 28B.117.030, 28B.117.040, 28C.04.535, 38.52.540, 41.26.802, 41.50.110, 41.56.028, 41.56.029, 41.80.010, 41.80.020, 43.08.190, 43.09.412, 43.09.475, 43.19.501, 43.79.201, 43.76.465, 43.105.052, 43.135.045, 43.185C.060, 66.08.170, 66.08.235, 67.70.260, 70.93.180, 70.105D.070, 70.105D.130, 74.39A.300, 79.64.040, 79.105.150, and 86.26.007; reenacting and amending RCW 43.155.050 and 43.330.250; creating new sections; making appropriations; providing an effective date; providing expiration dates; and declaring an emergency.

Referred to Committee on Ways & Means.

SB 5095 by Senators Murray, Zarelli, Kilmer and Parlette

AN ACT Relating to fiscal matters; amending RCW 15.76.115, 18.04.105, 43.21A.660, 43.21A.667, 43.79.460, 43.79.465, 43.83B.430, 51.44.170, 66.08.235, 82.14.380, and 90.56.500; amending 2010 2nd sp.s. c 1 ss 106, 107, 108, 109, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 302, 303, 304, 305, 306, 307, 308, 309, 310, 501, 502, 503, 601, 602, 603, 604, 605, 606, 607, and 801 (uncodified); amending 2010 1st sp.s. c 37 ss 106, 118, 120, 121, 123, 124, 126, 127, 128, 130, 133, 134, 138, 141, 142, 146, 148, 150, 151, 153, 201, 213, 215, 217, 218, 219, 220, 222, 224, 225, 226, 401, 402, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 514, 515, 516, 517, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 701, 702, 703, 705, 707, 709, 710, 711, and 801 (uncodified); amending 2010 1st sp.s. c 32 s 3 (uncodified); amending 2010 1st sp.s. c 31 s 1 (uncodified); amending 2009 c 564 ss 711 and 719 (uncodified); adding new sections to 2009 c 564 (uncodified); repealing 2010 1st sp.s. c 37 s 802 (uncodified); making appropriations; and declaring an emergency.

Referred to Committee on Ways & Means.

SB 5096 by Senators Delvin, Honeyford, Morton and Holmquist Newbry

AN ACT Relating to withdrawing Washington state's participation in the western climate initiative; amending RCW 70.235.005 and 70.235.010; creating a new section; and repealing RCW 70.235.030.

Referred to Committee on Environment, Water & Energy.

SB 5097 by Senators Delvin, Kohl-Welles, McAuliffe and Chase

AN ACT Relating to juveniles with developmental disabilities who are in correctional detention centers, juvenile correction institutions or facilities, and jails; creating new sections; and providing an expiration date.

Referred to Committee on Human Services & Corrections.

SB 5098 by Senators Carrell and Chase

AN ACT Relating to exempting personal information of minors in parks and recreation programs from public inspection and copying; and amending RCW 42.56.230.

Referred to Committee on Government Operations, Tribal Relations & Elections.

SB 5099 by Senators Carrell and Delvin

AN ACT Relating to inspection or copying of nonexempt public records by persons incarcerated; and amending RCW 42.56.565.

Referred to Committee on Human Services & Corrections.

SB 5100 by Senators Carrell, Schoesler, Swecker, Benton, Stevens, Morton, King and Zarelli

AN ACT Relating to expenditures for works of art; amending RCW 43.17.200; and creating a new section.

Referred to Committee on Human Services & Corrections.

SB 5101 by Senators Carrell, Schoesler, Delvin and Stevens

AN ACT Relating to placing certain synthetic cannabinoids into schedule I of the uniform controlled substances act; amending RCW 69.50.204; creating a new section; and declaring an emergency.

Referred to Committee on Judiciary.

SB 5102 by Senators Carrell, Stevens, Schoesler, Pflug, Ericksen, Roach and Holmquist Newbry

AN ACT Relating to registered persons in adult family homes and boarding homes; amending RCW 18.20.190 and 70.128.160; adding a new section to chapter 9A.44 RCW; and prescribing penalties.

Referred to Committee on Human Services & Corrections.

SB 5103 by Senators Carrell, Pflug, Schoesler and Roach

AN ACT Relating to including persons acquitted by reason of insanity within the slayer statute; and amending RCW 11.84.010, 11.84.130, and 41.04.273.

Referred to Committee on Judiciary.

SB 5104 by Senators Carrell, Stevens and Schoesler

AN ACT Relating to criminal defendants who are guilty and mentally ill; amending RCW 10.77.040; reenacting and amending RCW 9.94A.501; and adding a new section to chapter 10.77 RCW.

Referred to Committee on Human Services & Corrections.

SB 5105 by Senators Carrell, Conway, Stevens, Schoesler, Becker and Shin

AN ACT Relating to the conditional release of persons committed as criminally insane to their county of origin; and adding a new section to chapter 10.77 RCW.

Referred to Committee on Human Services & Corrections.

SB 5106 by Senators Benton, Schoesler, Fain, Morton, Sheldon, Roach, Chase and Tom

AN ACT Relating to eliminating the periodic replacement requirement for license plates; amending RCW 46.16A.200, 46.17.200, and 46.68.380; and reenacting and amending RCW 46.18.130 and 46.18.140.

Referred to Committee on Transportation.

SB 5107 by Senators Benton and Morton

AN ACT Relating to creating efficiencies in the Washington state college and university system by consolidation; adding a new section to chapter 28B.10 RCW; adding a new chapter to Title 28B RCW; creating new sections; repealing RCW 28B.20.100, 28B.20.105, 28B.20.110, 28B.20.130, 28B.30.100, 28B.30.120, 28B.30.125, 28B.30.130, 28B.30.135, 28B.30.150, 28B.35.100, 28B.35.105, 28B.35.110, 28B.35.120, 28B.40.100, 28B.40.105, 28B.40.110, 28B.40.120, 28B.45.080, 28B.76.010, 28B.76.020, 28B.76.040, 28B.76.050, 28B.76.060, 28B.76.070, 28B.76.080, 28B.76.090, 28B.76.110, 28B.76.120, 28B.76.210, 28B.76.240, 28B.76.2401, 28B.76.500, 28B.76.510, 28B.76.520, 28B.76.530, 28B.76.540, 28B.76.640, 28B.76.645, 28B.76.650, 28B.76.660, 28B.76.665, 28C.18.005, 28C.18.010, 28C.18.020, 28C.18.030, 28C.18.040, 28C.18.050, and 28C.18.060; providing effective dates; and declaring an emergency.

Referred to Committee on Higher Education & Workforce Development.

SB 5108 by Senators Benton and Morton

AN ACT Relating to abolishing the council of presidents; and creating a new section.

Referred to Committee on Higher Education & Workforce Development.

SB 5109 by Senators Benton, Carrell, Schoesler, Morton and Hewitt

AN ACT Relating to eliminating the requirement to purchase public art with appropriations made for construction of public buildings; and repealing RCW 43.17.200, 43.17.205, 43.17.210, 43.19.455, 28A.335.210, 28B.10.025, and 28B.10.027.

Referred to Committee on Ways & Means.

SB 5110 by Senators Kohl-Welles, Chase, Rockefeller, Kline, Ranker, Shin, Nelson, Fraser and White

AN ACT Relating to carpet stewardship; reenacting and amending RCW 43.21B.110 and 43.21B.110; adding a new chapter to Title 70 RCW; prescribing penalties; providing an effective date; and providing an expiration date.

Referred to Committee on Environment, Water & Energy.

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. 5104 which was referred to the Committee on Human Services & Corrections.

MOTION

At 12:05 p.m., on motion of Senator Eide, the Senate adjourned until 10:00 a.m. Friday, January 14, 2011.

BRAD OWEN, President of the Senate

THOMAS HOEMANN, Secretary of the Senate

5077

Introduction & 1^st Reading..................................................... 1

5078

Introduction & 1^st Reading..................................................... 1

5079

Introduction & 1^st Reading..................................................... 1

5080

Introduction & 1^st Reading..................................................... 1

5081

Introduction & 1^st Reading..................................................... 1

5082

Introduction & 1^st Reading..................................................... 1

5083

Introduction & 1^st Reading..................................................... 1

5084

Introduction & 1^st Reading..................................................... 1

5085

Introduction & 1^st Reading..................................................... 2

5086

Introduction & 1^st Reading..................................................... 2

5087

Introduction & 1^st Reading..................................................... 2

5088

Introduction & 1^st Reading..................................................... 2

5089

Introduction & 1^st Reading..................................................... 2

5090

Introduction & 1^st Reading..................................................... 2

5091

Introduction & 1^st Reading..................................................... 2

5092

Introduction & 1^st Reading..................................................... 2

5093

Introduction & 1^st Reading..................................................... 2

5094

Introduction & 1^st Reading..................................................... 2

5095

Introduction & 1^st Reading..................................................... 2

5096