MORNING SESSION
Senate Chamber, Olympia, Friday, February 11, 2011
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senators Hobbs and Litzow.
The Sergeant at Arms Color Guard consisting of Pages Sian Roche and Bradley Tate, presented the Colors. Senator Regala 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 10, 2011
SB 5152 Prime Sponsor, Senator Pflug: Regarding naturopathic physicians. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: That Substitute Senate Bill No. 5152 be substituted therefor, and the substitute bill do pass. Signed by Senators Keiser, Chair; Conway, Vice Chair; Becker; Carrell; Kline; Murray; Parlette; Pflug and Pridemore.
Passed to Committee on Rules for second reading.
February 10, 2011
SB 5198 Prime Sponsor, Senator Pridemore: Providing for the joint provision and management of municipal water, wastewater, storm and flood water, and related utility services. Reported by Committee on Government Operations, Tribal Relations & Elections
MAJORITY recommendation: That Substitute Senate Bill No. 5198 be substituted therefor, and the substitute bill do pass. Signed by Senators Pridemore, Chair; Prentice, Vice Chair; Swecker; Chase and Nelson.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Benton and Roach.
Passed to Committee on Rules for second reading.
February 9, 2011
SB 5361 Prime Sponsor, Senator Chase: Concerning the obligations of associate development organizations and the department of commerce. Reported by Committee on Economic Development, Trade & Innovation
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Chase, Vice Chair; Ericksen; Kilmer and Shin.
MINORITY recommendation: Do not pass. Signed by Senators Baumgartner and Holmquist Newbry.
Passed to Committee on Rules for second reading.
February 10, 2011
SB 5458 Prime Sponsor, Senator Keiser: Concerning medicaid fraud. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: That Substitute Senate Bill No. 5458 be substituted therefor, and the substitute bill do pass. Signed by Senators Keiser, Chair; Conway, Vice Chair; Becker; Kline; Murray; Parlette; Pflug and Pridemore.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Carrell.
Passed to Committee on Ways & Means.
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 fifth order of business.
INTRODUCTION AND FIRST READING
SB 5773 by Senators Zarelli, Baumgartner, Hill, Parlette, Schoesler, Ericksen and Holmquist Newbry
AN ACT Relating to making a health savings account option and high deductible health plan available to public employees; and amending RCW 41.05.065.
Referred to Committee on Ways & Means.
SB 5774 by Senator Hargrove
AN ACT Relating to consolidation of Cascadia Community College and Lake Washington Technical College; amending RCW 28B.45.020, 28B.45.0201, and 28B.50.040; creating a new section; repealing RCW 28B.50.1406; and providing an effective date.
Referred to Committee on Higher Education & Workforce Development.
SB 5775 by Senator Chase
AN ACT Relating to providing greater transparency to the health professions disciplinary process; and adding a new section to chapter 18.130 RCW.
Referred to Committee on Health & Long-Term Care.
SB 5776 by Senator Chase
AN ACT Relating to requiring informed consent prior to the administration of any drug when the patient has a known allergy to that drug or that family of drugs; and amending RCW 7.70.050 and 18.130.180.
Referred to Committee on Judiciary.
SB 5777 by Senator Chase
AN ACT Relating to protecting water quality; adding new sections to chapter 90.48 RCW; adding a new section to chapter 28A.230 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Environment, Water & Energy.
SB 5778 by Senators Chase, McAuliffe, Shin and Kline
AN ACT Relating to providing incentives for the collection and recycling of beverage containers; adding a new chapter to Title 70 RCW; and prescribing penalties.
Referred to Committee on Environment, Water & Energy.
SB 5779 by Senator Chase
AN ACT Relating to food service products; adding a new chapter to Title 70 RCW; and prescribing penalties.
Referred to Committee on Environment, Water & Energy.
SB 5780 by Senators Chase and Kline
AN ACT Relating to retail store carryout bags; adding a new chapter to Title 70 RCW; and prescribing penalties.
Referred to Committee on Environment, Water & Energy.
SB 5781 by Senator Chase
AN ACT Relating to petroleum-based beverage bottles; adding a new chapter to Title 70 RCW; and prescribing penalties.
Referred to Committee on Environment, Water & Energy.
SB 5782 by Senators Sheldon and Shin
AN ACT Relating to cemetery district formation requirements; and amending RCW 68.52.100 and 68.52.170.
Referred to Committee on Government Operations, Tribal Relations & Elections.
SB 5783 by Senators Hargrove and Shin
AN ACT Relating to helping to ensure the viability of small forest landowners; amending RCW 76.13.130 and 76.13.120; and creating new sections.
Referred to Committee on Natural Resources & Marine Waters.
SB 5784 by Senators Litzow, Ranker, Swecker, Hobbs, Fain, Hill, Pridemore, Nelson, Rockefeller, Regala, Shin and Kline
AN ACT Relating to advancing the regional ocean partnership; adding new sections to chapter 43.143 RCW; and creating a new section.
Referred to Committee on Natural Resources & Marine Waters.
SB 5785 by Senators Murray, Kohl-Welles, White, Kline, Prentice, Nelson, Brown, McAuliffe and Keiser
AN ACT Relating to reconvening the Alaskan Way viaduct and Seattle Seawall replacement project expert review panel; and adding a new section to chapter 47.01 RCW.
Referred to Committee on Transportation.
SB 5786 by Senators Conway, Kastama, Kilmer and Shin
AN ACT Relating to local retail sales and use tax for parks and recreation, trails, and open space allocation; and adding a new section to chapter 82.14 RCW.
Referred to Committee on Natural Resources & Marine Waters.
SJM 8006 by Senators Stevens, Shin and Delvin
Requesting that Congress approve the United States-Korea Free Trade Agreement.
Referred to Committee on Economic Development, Trade & Innovation.
MOTION
On motion of Senator Eide, all measures listed on the Introduction and First Reading report were referred to the committees as designated.
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5135,
SENATE CONCURRENT RESOLUTION NO. 8400.
MOTION
On motion of Senator Eide, the Senate advanced to the eighth order of business.
MOTION
Senator Hatfield moved adoption of the following resolution:
SENATE RESOLUTION
8618
By Senators Hatfield, Schoesler, Kastama, Pridemore, Hargrove, Conway, King, Hobbs, Tom, Sheldon, Swecker, Prentice, Ericksen, Delvin, Murray, Holmquist Newbry, Morton, Kohl-Welles, Fraser, Chase, and White
WHEREAS, The sport of football is a physically challenging, character-building, and team-oriented sport; and
WHEREAS, After 100 years of the program's establishment, the South Bend High School football team has triumphantly won their first-ever state football championship; and
WHEREAS, South Bend's championship trophy commemorates a football program of sportsmanship and excellence for the past century; and
WHEREAS, The South Bend High School football team is composed of dedicated and diligent students who have worked all season to hone their skills; and
WHEREAS, The key to the South Bend High School football team's success was a belief in each other as individuals and in themselves as a team; and
WHEREAS, The South Bend High School football team was united by a commitment on and off the field toward a common goal and never lost sight of their mission; and
WHEREAS, The outstanding student athletes honorably recognized this day are Shaquille Acrey, Levi Bale, Austin Boyes, Terrell Boyes, Kristian Burger, Samuel Diaz, Justin Elliott, Kyle Geiger, Kyle Hillery, Dennis Johnson, Matt Lewis, Zak McDougall, Jordan McGee, Tanner McGovern, Bradley Neumeyer, Dalyn Ogilvie, Marcus Overstake, Thomas Perez, Ignacio Ramirez, Brett Rose, Marq Samplawski, Myron Smith, Eric Stigall, Tra Stigall, and Ryan Vongmixay; and
WHEREAS, The South Bend High School football team was successfully supported to victory by Managers Ben Byington, Shawn Fuller, T.J. Hodgson, A.J. Sanchez, and Drew Rose by their exceptional sustenance care; and
WHEREAS, The South Bend High School football team under the guidance of a dedicated and driven group of Coaches Shane Byington, Mike Matlock, Shawn Friese, and Rich Sanchez were motivated by a common goal and dream; and
WHEREAS, An enduring legacy of strong leadership led the Indians to success and revitalized pride was provided by Head Coach Tom Sanchez, who joins father Bud Sanchez as the first father-son duo to win state football titles since the playoffs were instituted in 1973;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor South Bend High School for their first-ever football championship on the centennial anniversary of the program's inception; and
BE IT FURTHER RESOLVED, That the Washington State Senate honor the outstanding achievement of the South Bend High School football team on their success on the field and in the classroom; and
BE IT FURTHER RESOLVED, That the assistant coaches and managers of the team be applauded for their dedication and expertise in preparing these athletes for their outstanding 2010 season; and
BE IT FURTHER RESOLVED, That the head coach be commended for his prevailing leadership, loyalty, and devotion in leading these athletes to their enduring victory; and
BE IT FURTHER RESOLVED, That the families of these athletes also be commended for their support of their sons as they pursued their dream of a championship season; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Washington State Senate, South Bend High School, the Aberdeen Daily World, the Willapa Harbor Herald, the Chinook Observer, the South Beach Bulletin, the Montesano Vidette, the Longview Daily News, the Wahkiakum County Eagle, and the Pacific County Press.
Senator Hatfield spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8618.
The motion by Senator Hatfield carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the South Bend High School Football players and Coaches who were seated in the gallery.
MOTION
At 10:18 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 11:35 a.m. by President Owen.
MOTION
On motion of Senator Eide, the Senate reverted to the sixth order of business.
SECOND READING
ENGROSSED HOUSE BILL NO. 1091, by Representatives Sells, Reykdal and Kenney
Modifying the unemployment insurance program.
The measure was read the second time.
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, Engrossed House Bill No. 1091 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Kohl-Welles spoke in favor of passage of the bill.
MOTION
On motion of Senator Ericksen, Senator Litzow was excused.
Senator Holmquist Newbry spoke in favor of passage of the bill.
MOTION
On motion of Senator White, Senators Hobbs and Shin were excused.
Senators Kastama and Conway spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1091.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1091 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 4; Absent, 0; Excused, 3.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Eide, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Holmquist Newbry, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Sheldon, Stevens, Swecker, Tom, White and Zarelli
Voting nay: Senators Delvin, Ericksen, Honeyford and Schoesler
Excused: Senators Hobbs, Litzow and Shin
ENGROSSED HOUSE BILL NO. 1091, 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. 5061, by Senators Swecker, Haugen, King and Shin
Reconciling changes made to vehicle and vessel registration and title provisions during the 2010 legislative sessions.
The measure was read the second time.
MOTION
Senator Haugen moved that the following committee amendment by the Committee on Transportation be adopted:
On page 132, line 22 strike
“Subsections (3) and (4)” and insert “((Subsections (3) and (4) Subsection
(3)”
On page 133, line 23, after “RCW 79.100.100.” strike all material through “year.” On line 30 and insert the following:
“((If the department of
natural resources indicates that the balance of the derelict vessel removal
account, not including any transfer or appropriation of funds into the account
or funds deposited into the account collected under subsection (5) of this
section reaches one million dollars as of March 1st of any year, the
collection of the two dollar derelict vessel and invasive species removal fee
must be suspended for the following fiscal year.))”
Senator Haugen spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on Transportation to Senate Bill No. 5061.
The motion by Senator Haugen carried and the committee amendment was adopted by voice vote.
MOTION
Senator Haugen moved that the following amendment by Senator Haugen be adopted:
On page 132, line 32, after “Subsection” strike “(6)” and
insert “(((6))) (5)”
On page 133, line 5, strike “General fund” and insert “((General
fund)) Subsection (6) of this section”
Senator Haugen 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 Haugen on page 132, line 32 to Senate Bill No. 5061.
The motion by Senator Haugen carried and the amendment was adopted by voice vote.
MOTION
Senator Haugen moved that the following amendment by Senator Haugen be adopted:
On page 132, line 34, after “RCW 88.02.560(2)” strike “General
fund” and insert “((General fund)) RCW 88.02.650”
Senator Haugen 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 Haugen on page 132, line 34 to Senate Bill No. 5061.
The motion by Senator Haugen carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Swecker, the rules were suspended, Engrossed Senate Bill No. 5061 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Swecker spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5061.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5061 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Stevens, Swecker, Tom, White and Zarelli
Excused: Senators Hobbs, Litzow and Shin
ENGROSSED SENATE BILL NO. 5061, 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.
MOTION
At 12:02 p.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 1:36 p.m. by President Owen.
MOTION
On motion of Senator Eide, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
February 11, 2011
MR. PRESIDENT:
The Speaker has signed:
SENATE BILL NO. 5135,
SENATE CONCURRENT RESOLUTION NO. 8400.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MESSAGE FROM THE HOUSE
February 11, 2011
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED HOUSE BILL NO. 1091.
and the same is herewith transmitted.
BARBARA BAKER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED HOUSE BILL NO. 1091.
MOTION
At 1:38 p.m., on motion of Senator Eide, the Senate adjourned until 12:00 noon, Monday, February 14, 2011.
BRAD OWEN, President of the Senate
THOMAS HOEMANN, Secretary of the Senate
1091
President Signed..................................................................... 5
Second Reading...................................................................... 3
Speaker Signed....................................................................... 5
Third Reading Final Passage.................................................. 3
5061
Other Action.......................................................................... 4
Second Reading...................................................................... 4
Third Reading Final Passage.................................................. 4
5135
President Signed..................................................................... 2
Speaker Signed....................................................................... 4
5152
Committee Report................................................................. 1
5198
Committee Report................................................................. 1
5361
Committee Report................................................................. 1
5458
Committee Report................................................................. 1
5773
Introduction & 1st Reading..................................................... 1
5774
Introduction & 1st Reading..................................................... 1
5775
Introduction & 1st Reading..................................................... 1
5776
Introduction & 1st Reading..................................................... 2
5777
Introduction & 1st Reading..................................................... 2
5778
Introduction & 1st Reading..................................................... 2
5779
Introduction & 1st Reading..................................................... 2
5780
Introduction & 1st Reading..................................................... 2
5781
Introduction & 1st Reading..................................................... 2
5782
Introduction & 1st Reading..................................................... 2
5783
Introduction & 1st Reading..................................................... 2
5784
Introduction & 1st Reading..................................................... 2
5785
Introduction & 1st Reading..................................................... 2
5786
Introduction & 1st Reading..................................................... 2
8006
Introduction & 1st Reading..................................................... 2
8400
President Signed..................................................................... 2
Speaker Signed....................................................................... 4
8618
Adopted................................................................................. 3
Introduced.............................................................................. 2
PRESIDENT OF THE SENATE
Intro. Special Guests North Bend FB Players & Coaches.... 3