NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.


TWENTY-THIRD DAY

------------

NOON SESSION

------------


Senate Chamber, Olympia, Tuesday, January 30, 2001

      The Senate was called to order at 12:00 noon by President Owen. No roll call was taken.


MOTION


      On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.


REPORTS OF STANDING COMMITTEES


January 29, 2001

SB 5013             Prime Sponsor, Senator McCaslin: Clarifying the definition of "persistent offender." Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5013 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Hargrove, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


January 29, 2001

SB 5052             Prime Sponsor, Senator Johnson: Making technical corrections to trust and estate dispute resolution provisions. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5052 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Hargrove, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


January 29, 2001

SB 5053             Prime Sponsor, Senator Constantine: Making corrections to Article 9A of the Uniform Commercial Code. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Hargrove, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


January 25, 2001

SB 5066             Prime Sponsor, Senator Prentice: Licensing and regulation of consumer loan companies. Reported by Committee on Labor, Commerce and Financial Institutions


      MAJORITY Recommendation: That Substitute Senate Bill No. 5066 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Gardner, Vice Chair; Benton, Fairley, Franklin, Hochstatter, Honeyford, Patterson, Rasmussen, Regala, West and Winsley.


      Passed to Committee on Rules for second reading.


January 29, 2001

SB 5070             Prime Sponsor, Senator Kline: Restricting the length of the term of jury service. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5070 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Hargrove, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


January 29, 2001

SB 5071             Prime Sponsor, Senator Kline: Requiring tax incidence information and reporting. Reported by Committee on State and Local Government


      MAJORITY Recommendation: That the bill be referred to the Committee on Ways and Means. Signed by Senators Patterson, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, McCaslin, Roach and Swecker.


      Referred to Committee on Ways and Means.



January 29, 2001

SB 5072             Prime Sponsor, Senator Kline: Establishing juror compensation. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5072 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin, Thibaudeau and Zarelli.


      Referred to Committee on Ways and Means.


January 29, 2001

SB 5115             Prime Sponsor, Senator Costa: Revising court filing fees for tax warrants and recovery of state agency overpayments. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5115 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Hargrove, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


January 29, 2001

SB 5156             Prime Sponsor, Senator Hale: Creating an additional superior court position for the counties of Benton and Franklin jointly. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Hargrove, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


January 29, 2001

SB 5179             Prime Sponsor, Senator Costa: Providing for victim notification. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5179 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Hargrove, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


January 29, 2001

SB 5181             Prime Sponsor, Senator Patterson: Revising the authority of the criminal justice training commission to own and operate training facilities. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Kastama, Long, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


January 29, 2001

SB 5276             Prime Sponsor, Senator Prentice: Revising apprenticeship law to respond to a 1999 United States department of labor audit. Reported by Committee on Labor, Commerce and Financial Institutions


      MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Deccio, Fairley, Franklin, Honeyford, Patterson, Rasmussen, Regala, West and Winsley.


      Passed to Committee on Rules for second reading.

January 29, 2001

SB 5349             Prime Sponsor, Senator Rossi: Designating the Washington national guard's counterdrug task force as a law enforcement agency for the purposes of participating in the federal asset forfeiture program. Reported by Committee on State and Local Government


      MAJORITY Recommendation: That the bill be referred to the Committee on Judiciary. Signed by Senators Patterson, Chair; Fairley; Vice Chair; Hale, Haugen, Horn, McCaslin, Roach and Swecker.


      Referred to Committee on Judiciary.


MOTION


      On motion of Senator Betti Sheldon, Senate Bill No. 5181 was passed to the Committee on Rules.



REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS


January 29, 2001

GA 9008            REV. ELLIS H. CASSON, appointed October 25, 1999, for a term ending June 17, 2004, as a member of the Human Rights Commission.

                           Reported by Committee on Judiciary


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Hargrove, Kastama, Long and Thibaudeau


      Passed to the Committee on Rules.


January 29, 2001

GA 9044            RUDY VASQUEZ, appointed September 15, 1997, for a term ending June 17, 2002, as a member of the Human Rights Commission.

                           Reported by Committee on Judiciary


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Costa, Hargrove, Johnson, Kastama, Long, McCaslin, Thibaudeau and Zarelli.


      Passed to the Committee on Rules.


January 29, 2001

GA 9146            ART WANG, reappointed November 23, 2000, for a term ending November 22, 2005, as Chief Administrative Law Judge of the Administrative Hearings Office.

                           Reported by Committee on Judiciary


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Hargrove, Johnson, Kastama, Thibaudeau and Zarelli.


      Passed to the Committee on Rules.


INTRODUCTION AND FIRST READING

 

SB 5651             by Senators Jacobsen, McDonald, Haugen, Horn, Kohl-Welles, Rasmussen, McAuliffe, Winsley, Costa and Thibaudeau

 

AN ACT Relating to creating the citizen councilor network; and adding new sections to chapter 43.09 RCW.

Referred to Committee on State and Local Government.

 

SB 5652             by Senators Costa, Winsley, Thibaudeau, Deccio, B. Sheldon, Prentice, Fraser, Kohl-Welles and Fairley

 

AN ACT Relating to improving the quality of in-home long-term care services provided by state funded individual providers; amending RCW 74.39A.005, 74.39A.030, 74.39A.095, 70.127.040, 70.127.040, 70.127.060, and 70.127.070; adding new sections to chapter 74.39A RCW; creating a new section; providing an effective date; and providing an expiration date.

Referred to Committee on Health and Long-Term Care.

 

SB 5653             by Senators Prentice and Hale (by request of Insurance Commissioner Kreidler)

 

AN ACT Relating to prioritizing and ordering the distribution of claims of an insurer's estate; amending RCW 48.31.280 and 48.31.260; and creating a new section.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 5654             by Senators Prentice, Winsley, Deccio and Regala (by request of Insurance Commissioner Kreidler)

 

AN ACT Relating to licensing insurance agents, brokers, solicitors, and adjusters; and amending RCW 48.17.090 and 48.17.330.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 5655             by Senators Patterson, Roach, Fairley, Kline, McCaslin, Parlette, Fraser, T. Sheldon, Shin, Winsley, Gardner and Horn (by request of State Auditor Sonntag)

 

AN ACT Relating to clarifying the circumstances under which the governing body of a public agency may hold an executive session to discuss litigation; amending RCW 42.30.110 and 42.32.030; adding new sections to chapter 42.30 RCW; and recodifying RCW 42.32.030.

Referred to Committee on State and Local Government.

 

SB 5656             by Senators T. Sheldon, Finkbeiner and Fairley (by request of Utilities and Transportation Commission)

 

AN ACT Relating to public service companies; amending RCW 80.24.010 and 80.24.020; and adding a new section to chapter 80.24 RCW.

Referred to Committee on Economic Development and Telecommunications.

 

SB 5657             by Senators Constantine, Patterson and Regala

 

AN ACT Relating to compliance with law; amending RCW 36.70B.030; and adding a new section to chapter 39.04 RCW.

Referred to Committee on State and Local Government.

 

SB 5658             by Senators T. Sheldon and Swecker (by request of Department of Licensing)

 

AN ACT Relating to vehicle license renewals; and amending RCW 46.16.210.

Referred to Committee on Transportation.

 

SB 5659             by Senators Haugen, Patterson, Winsley, Prentice, Constantine and Kohl-Welles

 

AN ACT Relating to the use of funds derived from the real estate excise tax; amending RCW 82.46.010; and reenacting and amending RCW 82.46.035.

Referred to Committee on State and Local Government.

 

SB 5660             by Senators Haugen and Horn (by request of Department of Licensing)

 

AN ACT Relating to the taxation of fuel; and amending RCW 82.36.010, 82.36.020, 82.36.026, 82.38.020, 82.38.030, and 82.38.035.

Referred to Committee on Transportation.

 

SB 5661             by Senators Finkbeiner and McDonald

 

AN ACT Relating to planning for recreational facilities; and amending RCW 36.70A.070 and 36.70A.080.

Referred to Committee on State and Local Government.

 

SB 5662             by Senators Finkbeiner and Oke

 

AN ACT Relating to commercial telephone solicitors providing information to caller identification services; adding a new section to chapter 19.158 RCW; and creating a new section.

Referred to Committee on Economic Development and Telecommunications.

 

SB 5663             by Senators Finkbeiner, Oke and Kohl-Welles

 

AN ACT Relating to creating a small personalized schools pilot project; adding a new chapter to Title 28A RCW; and providing an expiration date.

Referred to Committee on Education.

 

SB 5664             by Senators Eide, Swecker, Rasmussen, Rossi, Carlson, Hale, Kastama, Costa, Oke and Roach

 

AN ACT Relating to increasing the penalty for conviction of driving under the influence; reenacting and amending RCW 46.61.5055; and prescribing penalties.

Referred to Committee on Judiciary.

 

SB 5665             by Senators Prentice, Winsley, Franklin, Hochstatter, Kohl-Welles, Kastama, Hargrove, Fairley, Patterson, Kline, Shin, B. Sheldon and Jacobsen

 

AN ACT Relating to protecting genetic information; amending RCW 9.91.010, 9A.36.080, 26.26.100, 35.81.170, 41.14.180, 43.01.100, 48.18.480, 48.30.300, 48.43.021, 48.43.505, 48.44.220, 48.46.370, 49.60.010, 49.60.020, 49.60.030, 49.60.040, 49.60.175, 49.60.176, 49.60.178, 49.60.180, 49.60.190, 49.60.200, 49.60.215, 49.60.223, 49.60.224, 49.60.225, and 70.02.010; reenacting and amending RCW 49.60.222; adding a new section to chapter 48.01 RCW; and creating a new section.


 

Referred to Committee on Judiciary.

 

SB 5666             by Senators Hochstatter, Swecker, Stevens and Oke

 

AN ACT Relating to establishing the student improvement tuition scholarship program; adding a new chapter to Title 28A RCW; and declaring an emergency.

Referred to Committee on Education.

 

SB 5667             by Senators Hochstatter, Swecker, Johnson, Stevens and Zarelli

 

AN ACT Relating to qualifications for public school principals and vice principals; and amending RCW 28A.400.100.

Referred to Committee on Education.

 

SB 5668             by Senators Rasmussen, Sheahan, Shin, Parlette, Hargrove, Hewitt, Honeyford, Morton, Hale, Stevens, Hochstatter, Swecker, T. Sheldon, Zarelli, Haugen and Roach

 

AN ACT Relating to the exemption of machinery and equipment used in farming operations from the state property tax and preventing a shift of property taxes; amending RCW 84.48.080 and 84.52.010; adding a new section to chapter 84.36 RCW; and creating a new section.

Referred to Committee on Agriculture and International Trade.

 

SB 5669             by Senators Costa and Long

 

AN ACT Relating to vehicular assault; and amending RCW 46.61.522.

Referred to Committee on Judiciary.

 

SB 5670             by Senators Costa, Kline, Long, Hargrove, Prentice, Thibaudeau, Eide, Regala, Shin, Franklin, Patterson and Jacobsen

 

AN ACT Relating to operating or having actual physical control of a vessel while under the influence of intoxicating liquor or any drug; amending RCW 79A.60.040 and 10.31.100; adding new sections to chapter 79A.60 RCW; and prescribing penalties.

Referred to Committee on Judiciary.

 

SB 5671             by Senators Costa, Winsley, Shin, Long, Franklin, Jacobsen and Kohl-Welles

 

AN ACT Relating to harassment; amending RCW 9.61.230 and 9A.46.020; and prescribing penalties.

Referred to Committee on Judiciary.

 

SB 5672             by Senators Costa, Long, Hargrove, Constantine, Shin, Kline, Jacobsen and Kohl-Welles

 

AN ACT Relating to restitution to the estate of crime victims; reenacting and amending RCW 9.94A.142; and creating a new section.

Referred to Committee on Judiciary.

 

SB 5673             by Senators Costa, Kline, Thibaudeau, Constantine, Patterson, Jacobsen, McAuliffe, Franklin, Kohl-Welles and Spanel

 

AN ACT Relating to safe storage of firearms; amending RCW 9A.36.050; adding a new section to chapter 9.41 RCW; and prescribing penalties.

Referred to Committee on Judiciary.

 

SB 5674             by Senators Constantine, Jacobsen, Prentice, Fraser and Kohl-Welles

 

AN ACT Relating to potential climate change; adding a new chapter to Title 70 RCW; providing an effective date; and declaring an emergency.

Referred to Committee on Environment, Energy and Water.

 

SB 5675             by Senators Rasmussen and Morton

 

AN ACT Relating to food service regulation; creating new sections; and providing an expiration date.

Referred to Committee on Agriculture and International Trade.


 

 

SB 5676             by Senator McCaslin

 

AN ACT Relating to a study of released prisoners; creating new sections; and making an appropriation.

Referred to Committee on Human Services and Corrections.

 

SB 5677             by Senator Thibaudeau (by request of Department of Social and Health Services)

 

AN ACT Relating to adjusting nursing home payments to enhance direct care; amending RCW 74.46.165, 74.46.410, 74.46.431, 74.46.433, 74.46.435, 74.46.437, 74.46.501, 74.46.515, 74.46.521, and 74.46.711; reenacting and amending RCW 74.46.506 and 74.46.511; adding a new section to chapter 74.46 RCW; creating a new section; repealing RCW 74.46.280 and 74.46.908; providing effective dates; and declaring an emergency.

Referred to Committee on Health and Long-Term Care.

 

SB 5678             by Senators Thibaudeau, Deccio and Hale

 

AN ACT Relating to the board of dental hygiene; amending RCW 18.29.021, 18.29.045, 18.29.060, 18.29.071, 18.29.120, 18.29.140, 18.29.150, 18.29.160, and 18.29.210; adding new sections to chapter 18.29 RCW; and repealing RCW 18.29.110, 18.29.130, 18.29.170, 18.29.190, and 18.29.200.

Referred to Committee on Health and Long-Term Care.

 

SB 5679             by Senators Thibaudeau, Deccio, Franklin and Kohl-Welles

 

AN ACT Relating to the HIV/AIDS prevention study committee; and creating a new section.

Referred to Committee on Health and Long-Term Care.

 

SB 5680             by Senators Kohl-Welles, Sheahan, Shin and Thibaudeau

 

AN ACT Relating to University of Washington employees; amending RCW 41.06.152 and 41.56.201; and creating a new section.

Referred to Committee on Higher Education.

 

SB 5681             by Senators Kastama, Horn, Haugen and Oke (by request of Washington State Patrol)

 

AN ACT Relating to weight limits for fire-fighting apparatus; amending RCW 46.44.091; and creating a new section.

Referred to Committee on Transportation.

 

SB 5682             by Senators Haugen and Horn (by request of Washington State Patrol)

 

AN ACT Relating to transferring into the state patrol retirement system; amending RCW 41.40.092, 41.40.092, and 43.43.130; providing an effective date; and providing an expiration date.

Referred to Committee on Ways and Means.

 

SB 5683             by Senators Horn and Haugen (by request of Washington State Patrol)

 

AN ACT Relating to membership on the state building code council; and amending RCW 19.27.070.

Referred to Committee on State and Local Government.

 

SB 5684             by Senators T. Sheldon, Stevens, Roach, Rasmussen, Morton, Hargrove, Snyder, McCaslin, Honeyford, Oke, Hewitt and Hale

 

AN ACT Relating to legislative approval of shoreline guidelines; and amending RCW 90.58.080.

Referred to Committee on Natural Resources, Parks and Shorelines.

 

SB 5685             by Senators Kohl-Welles, Finkbeiner, Johnson, Rasmussen, Regala, Patterson, Oke, McAuliffe, Hewitt and Roach (by request of Governor Locke and Superintendent of Public Instruction Bergeson)

 

AN ACT Relating to salary bonuses for teachers attaining certification by the national board for professional teaching standards; adding a new section to chapter 28A.405 RCW; and creating a new section.

Referred to Committee on Education.

 

SB 5686             by Senators Eide, Rasmussen, Kohl-Welles, McAuliffe and Carlson (by request of Governor Locke)

 

AN ACT Relating to changing academic assessments timelines; and amending RCW 28A.655.060.

Referred to Committee on Education.

 

SB 5687             by Senators Rasmussen, Oke, Johnson and Jacobsen

 

AN ACT Relating to mandatory education for operators of vessels; amending RCW 79A.60.010; adding new sections to chapter 79A.60 RCW; and prescribing penalties.

Referred to Committee on Natural Resources, Parks and Shorelines.

 

SB 5688             by Senators Kohl-Welles, Snyder, Long, Winsley, Prentice, Thibaudeau, Hargrove, B. Sheldon, McAuliffe and Oke

 

AN ACT Relating to recalled infant and child products; and adding a new section to chapter 43.70 RCW.

Referred to Committee on Health and Long-Term Care.

 

SB 5689             by Senators Rasmussen, Eide, B. Sheldon, Franklin, Roach and Carlson

 

AN ACT Relating to the summer school jump start program; adding a new section to chapter 28A.630 RCW; and creating a new section.

Referred to Committee on Education.

 

SB 5690             by Senators Rasmussen, Hochstatter, Kastama, Eide and B. Sheldon

 

AN ACT Relating to revocation of driving privileges; amending RCW 46.20.265, 66.44.365, 69.41.065, 69.50.420, and 69.52.070; and prescribing penalties.

Referred to Committee on Judiciary.


MOTION


      At 12:02 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Wednesday, January 31, 2001.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate