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THIRTIETH DAY
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NOON SESSION
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Senate Chamber, Olympia, Tuesday, February 6, 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
February 1, 2001
SB 5036 Prime Sponsor, Senator Franklin: Providing a temporary tax exemption for clothing and footwear. Reported by Committee on Labor, Commerce and Financial Institutions
MAJORITY Recommendation: That Substitute Senate Bill No. 5036 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Benton, Deccio, Fairley, Franklin, Hochstatter, Honeyford, Patterson, Rasmussen, Regala, West and Winsley.
Referred to Committee on Ways and Means.
February 5, 2001
SB 5077 Prime Sponsor, Senator Haugen: Modifying the provisional employment of sheriff's employees. Reported by Committee on State and Local Government
MAJORITY Recommendation: That Substitute Senate Bill No. 5077 be substituted therefor, and the substitute bill do pass. Signed by Senators Patterson, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Kline, McCaslin, T. Sheldon and Swecker.
Passed to Committee on Rules for second reading.
February 5, 2001
SB 5159 Prime Sponsor, Senator Winsley: Authorizing four-year public institutions of higher education to participate with the state in investing surplus funds. Reported by Committee on Higher Education
MAJORITY Recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Sheahan and B. Sheldon.
Passed to Committee on Rules for second reading.
February 5, 2001
SB 5166 Prime Sponsor, Senator Kohl-Welles: Allowing state financial aid to be used at Washington branch campuses of accredited out-of-state institutions of higher education. Reported by Committee on Higher Education
MAJORITY Recommendation: That Substitute Senate Bill No. 5166 be substituted therefor, and the substitute bill do pass. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Sheahan and B. Sheldon.
Referred to Committee on Ways and Means.
February 5, 2001
SB 5188 Prime Sponsor, Senator McCaslin: Providing an alternative manner of dispersing surplus political funds. Reported by Committee on State and Local Government
MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Kline, McCaslin, T. Sheldon and Swecker.
Passed to Committee on Rules for second reading.
February 1, 2001
SB 5206 Prime Sponsor, Senator Gardner: Modifying geologist licensing provisions. Reported by Committee on Labor, Commerce and Financial Institutions
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Benton, Deccio, Fairley, Franklin, Patterson, Rasmussen, Regala, West and Winsley.
Passed to Committee on Rules for second reading.
February 1, 2001
SB 5219 Prime Sponsor, Senator Eide: Modifying contracts for the sale of travel-related benefits. Reported by Committee on Labor, Commerce and Financial Institutions
MAJORITY Recommendation: That Substitute Senate Bill No. 5219 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Benton, Deccio, Fairley, Franklin, Hochstatter, Honeyford, Patterson, Rasmussen, Regala, West and Winsley.
Passed to Committee on Rules for second reading.
February 5, 2001
SB 5370 Prime Sponsor, Senator Patterson: Splitting the department of community, trade, and economic development and reestablishing the department of community development and the department of trade and economic development. Reported by Committee on State and Local Government
MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Patterson, Chair; Hale, Haugen, Kline, T. Sheldon and Swecker.
MINORITY Recommendation: Do not pass. Signed by Senators Fairley, Vice Chair; Horn, McCaslin and Roach.
Referred to Committee on Ways and Means.
February 5, 2001
SB 5793 Prime Sponsor, Senator Thibaudeau: Creating the holding company act for health care service contractors and health maintenance organizations. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That the bill be referred to Committee on Labor, Commerce and Financial Institutions without recommendation. Signed by Senators Thibaudeau, Chair; Franklin, Vice Chair; Costa, Deccio, Fraser and Winsley.
Referred to Committee on Labor, Commerce and Financial Institutions.
MOTION
On motion of Senator Betti Sheldon, Senate Bill No. 5036 and Senate Bill No. 5166 were referred to the Committee on Ways and Means.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
February 5, 2001
GA 9001 JEAN BATCHELDER, appointed September 10, 1997, for a term ending September 30, 2002, as a member of the Board of Trustees for Lake Washington Technical College District No. 26.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 5, 2001
GA 9003 BRIAN BENZEL, appointed June 1, 1999, for a term ending September 30, 2002, as a member of the Board of Trustees for Edmonds Community College District No. 23.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 5, 2001
GA 9006 PAUL D. BURTON, reappointed October 1, 1999, for a term ending September 30, 2004, as a member of the Board of Trustees for Shoreline Community College District No. 7.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 5, 2001
GA 9007 JUDITH BUTLER, reappointed July 9, 1999, for a term ending March 26, 2003, as a member of the Higher Education Facilities Authority.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 5, 2001
GA 9012 FRANKLIN DAY DeVAUL, JR., appointed January 18, 2000, for a term ending September 30, 2004, as a member of the Board of Trustees for Centralia Community College District No. 12.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 5, 2001
GA 9017 ELIZABETH HANCOCK, appointed October 1, 1999, for a term ending September 30, 2004, as a member of the Board of Trustees for Skagit Valley Community College District No. 4.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 5, 2001
GA 9022 ARUN G. JHAVERI, appointed October 14, 1998, for a term ending September 30, 2003, as a member of the Board of Trustees for Highline Community College District No. 9.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 5, 2001
GA 9025 BARBARA A. KOERBER, reappointed October 1, 1999, for a term ending September 30, 2004, as a member of the Board of Trustees for Peninsula Community College District No. 1.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 5, 2001
GA 9032 ESTHER L. PATRICK, appointed December 22, 1999, for a term ending September 30, 2002, as a member of the Board of Trustees for Highline Community College District No. 9.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 5, 2001
GA 9082 JOE KING, reappointed August 8, 2000, for a term ending September 30, 2006, as a member of the Board of Regents for Washington State University.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Jacobsen, McAuliffe and B. Sheldon.
Passed to the Committee on Rules.
INTRODUCTION AND FIRST READING
SB 5849 by Senators Gardner, Patterson, Winsley, McDonald and Kohl-Welles (by request of Secretary of State Reed)
AN ACT Relating to changing the date of the primary; amending RCW 29.13.070, 29.13.010, 29.13.020, 29.15.020, 29.15.150, 29.15.170, 29.15.180, 29.15.190, 29.15.230, 29.19.030, 29.24.020, 29.30.075, 29.62.020, 42.12.040, 42.17.710, 42.52.185, 27.12.355, 27.12.370, 35.06.070, 35.13.1821, 35.61.360, 35A.14.299, 36.93.030, 52.02.080, 52.04.056, 52.04.071, 53.04.110, 54.08.010, 54.08.070, 57.04.050, and 70.44.235; repealing RCW 29.01.160; and providing an effective date.
Referred to Committee on State and Local Government.
SB 5850 by Senators Snyder, Jacobsen, Hargrove, T. Sheldon and Spanel
AN ACT Relating to the consideration of extenuating circumstances for gear and effort reduction for the coastal Dungeness crab resource plan provisions; amending RCW 77.70.400; and creating a new section.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5851 by Senators Rasmussen and Franklin (by request of Department of Agriculture)
AN ACT Relating to authorizing the director of agriculture to consult with public entities on human health risks associated with any proposed pesticide use by the department; amending RCW 15.58.060 and 15.58.065; and adding a new section to chapter 15.58 RCW.
Referred to Committee on Agriculture and International Trade.
SB 5852 by Senators Franklin, Kline, Costa and Kohl-Welles
AN ACT Relating to reporting on issues pertaining to racial profiling; adding new sections to chapter 43.101 RCW; and creating a new section.
Referred to Committee on Judiciary.
SB 5853 by Senators Franklin and Kline
AN ACT Relating to traffic-stop racial profiling; adding a new section to chapter 43.101 RCW; and creating a new section.
Referred to Committee on Judiciary.
SB 5854 by Senators T. Sheldon and Swecker
AN ACT Relating to annual increases in retirement allowances; and amending RCW 41.40.197 and 41.32.489.
Referred to Committee on Ways and Means.
SB 5855 by Senators Carlson, T. Sheldon, Winsley, Fraser and Swecker
AN ACT Relating to calculating gain sharing; and amending RCW 41.31.020.
Referred to Committee on Ways and Means.
SB 5856 by Senators T. Sheldon, Winsley, Fraser, Swecker and Carlson
AN ACT Relating to making extraordinary investment gain sharing on an annual basis; amending RCW 41.31.010, 41.31A.020, 41.31A.020, and 41.31A.040; providing effective dates; and providing an expiration date.
Referred to Committee on Ways and Means.
SB 5857 by Senators Eide, Thibaudeau, Deccio and Kohl-Welles
AN ACT Relating to forecasting caseloads; and amending RCW 43.88C.010.
Referred to Committee on Ways and Means.
SB 5858 by Senators B. Sheldon, Swecker, Kohl-Welles, Oke, T. Sheldon, Carlson, Rasmussen, Horn, Sheahan, Stevens, Honeyford, Hale and Johnson
AN ACT Relating to the taxation of physical fitness services; amending RCW 82.04.050; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5859 by Senators Gardner and Carlson
AN ACT Relating to preserving the blanket primary by advancing to the general election ballot the two candidates receiving the most votes regardless of political party affiliation; amending RCW 29.30.085, 29.15.150, 29.15.160, 29.15.170, 29.15.190, 29.15.210, 29.15.220, 29.27.020, 29.30.101, 29.42.010, 29.42.020, 29.42.050, and 29.62.010; and repealing RCW 29.15.200, 29.15.230, 29.18.150, 29.18.160, and 29.30.095.
Referred to Committee on State and Local Government.
SB 5860 by Senators Jacobsen and Oke (by request of Department of Natural Resources)
AN ACT Relating to surface mining reclamation permit fees; and amending RCW 78.44.085.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5861 by Senators Fraser, Swecker and T. Sheldon (by request of Department of Natural Resources)
AN ACT Relating to the exchange or sale and replacement of administrative property owned by the department of natural resources; and adding a new section to chapter 76.01 RCW.
Referred to Committee on State and Local Government.
SB 5862 by Senators T. Sheldon, Oke and Jacobsen (by request of Department of Natural Resources)
AN ACT Relating to improving the business practices associated with selling valuable materials on trust land; amending RCW 79.01.084, 79.01.116, 79.01.124, 79.01.132, 79.01.160, 79.01.184, 79.01.188, 79.01.204, 79.01.232, 79.01.240, 79.01.340, 79.01.392, 79.01.795, 79.64.030, 79.64.040, and 79.64.050; and adding a new section to chapter 79.01 RCW.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5863 by Senators Snyder and Zarelli (by request of Department of Natural Resources)
AN ACT Relating to an exchange of bedlands and the resolution of boundary disputes in and near the Cowlitz river near the confluence of the Columbia river in Longview, Washington; adding a new section to chapter 79.08 RCW; and creating a new section.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5864 by Senator T. Sheldon
AN ACT Relating to payment of costs of primaries; adding new sections to chapter 29.18 RCW; and creating a new section.
Referred to Committee on State and Local Government.
SB 5865 by Senators Kline, Long, Kohl-Welles, Sheahan, Patterson, Finkbeiner, Constantine, Oke and Carlson
AN ACT Relating to vehicle immobilization; adding a new section to chapter 46.55 RCW; and prescribing penalties.
Referred to Committee on Judiciary.
SB 5866 by Senators Kline, Long and Costa
AN ACT Relating to the admissibility of confessions and admissions in criminal and juvenile offense proceedings; adding a new section to chapter 10.58 RCW; and creating a new section.
Referred to Committee on Judiciary.
SB 5867 by Senators Fairley, Finkbeiner, Jacobsen, Kohl-Welles, Fraser, Regala, Kline, Kastama, Winsley and Patterson
AN ACT Relating to the restoration of investments in energy conservation, renewable energy resources, and low-income energy services; adding a new chapter to Title 80 RCW; and prescribing penalties.
Referred to Committee on Environment, Energy and Water.
SB 5868 by Senators Kohl-Welles, Finkbeiner, Costa, Kline, Zarelli, Hargrove, Thibaudeau, Franklin and Kastama
AN ACT Relating to cable subscriber information practices; adding a new chapter to Title 19 RCW; and prescribing penalties.
Referred to Committee on Economic Development and Telecommunications.
SB 5869 by Senators Fraser, Morton, Regala, McDonald, Jacobsen, Swecker and Horn (by request of Governor Locke)
AN ACT Relating to water resources management; amending RCW 90.82.040, 90.82.130, 90.03.380, 90.80.005, 90.80.010, 90.80.050, 90.80.070, 90.80.080, 90.80.090, 90.80.100, 90.80.120, 90.80.130, 90.80.140, 90.03.330, 90.66.040, 90.66.060, 90.14.140, 90.38.020, 90.38.040, 90.42.040, and 90.42.080; adding new sections to chapter 90.80 RCW; adding a new section to chapter 90.03 RCW; adding new sections to chapter 90.66 RCW; adding a new section to chapter 82.16 RCW; creating new sections; prescribing penalties; and declaring an emergency.
Referred to Committee on Environment, Energy and Water.
SB 5870 by Senators Spanel, Horn, McCaslin, Snyder, Patterson and Kohl-Welles
AN ACT Relating to clarifying the deadline for primary contributions to candidates who do not advance to the general election; and amending RCW 42.17.640.
Referred to Committee on State and Local Government.
SB 5871 by Senators Kohl-Welles and Hewitt
AN ACT Relating to offender education in department of corrections' facilities; amending RCW 72.09.460; adding a new section to chapter 72.09 RCW; and creating new sections.
Referred to Committee on Human Services and Corrections.
SB 5872 by Senators Prentice, Kohl-Welles, Kline and Fairley
AN ACT Relating to the property tax exemption for new or rehabilitated multiple-unit dwellings; and amending RCW 84.14.020, 84.14.030, and 84.14.110.
Referred to Committee on Labor, Commerce and Financial Institutions.
SB 5873 by Senators Patterson, Horn, Haugen, McCaslin, Kline, Fairley and Gardner
AN ACT Relating to revising certain day labor limits to account for inflation; and amending RCW 35.22.620 and 35.23.352.
Referred to Committee on State and Local Government.
SB 5874 by Senator Sheahan
AN ACT Relating to the student transportation funding formula; and amending RCW 28A.160.180.
Referred to Committee on Education.
SB 5875 by Senators T. Sheldon and Stevens (by request of Department of Social and Health Services)
AN ACT Relating to telecommunications devices and services for the hearing or speech impaired; and amending RCW 43.20A.720 and 43.20A.725.
Referred to Committee on Economic Development and Telecommunications.
SB 5876 by Senators Snyder, Hargrove and Kohl-Welles
AN ACT Relating to the establishment of a medicaid managed care contracting pilot project; reenacting and amending RCW 74.09.522; creating a new section; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5877 by Senators Thibaudeau, Winsley, Costa and Kohl-Welles
AN ACT Relating to licensed mental health counselors, marriage and family therapists, and social workers; amending RCW 18.120.020, 18.130.040, 5.60.060, 18.100.050, 18.205.090, 25.05.510, 25.15.045, and 48.43.087; reenacting and amending RCW 9A.44.010; adding a new section to chapter 70.02 RCW; adding a new chapter to Title 18 RCW; and repealing RCW 18.19.010, 18.19.020, 18.19.030, 18.19.040, 18.19.050, 18.19.060, 18.19.070, 18.19.080, 18.19.090, 18.19.100, 18.19.110, 18.19.120, 18.19.130, 18.19.140, 18.19.150, 18.19.160, 18.19.170, 18.19.180, 18.19.190, 18.19.900, and 18.19.901.
Referred to Committee on Health and Long-Term Care.
SB 5878 by Senators Oke and Haugen
AN ACT Relating to wheel load limits for nonliftable steering axles on refuse collection vehicles; and amending RCW 46.44.042.
Referred to Committee on Transportation.
SB 5879 by Senator Prentice
AN ACT Relating to regulating fire alarm systems; adding a new chapter to Title 19 RCW; and prescribing penalties.
Referred to Committee on Labor, Commerce and Financial Institutions.
SB 5880 by Senators Jacobsen, Oke, T. Sheldon, Morton, Stevens and Rasmussen
AN ACT Relating to a forest products commission; amending RCW 42.17.31907 and 43.135.055; and adding a new chapter to Title 15 RCW.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5881 by Senators Haugen, Long, Kline, Kohl-Welles, Prentice and Constantine
AN ACT Relating to capital defense assistance; adding a new section to chapter 2.70 RCW; and making appropriations.
Referred to Committee on Judiciary.
SB 5882 by Senators T. Sheldon, Hale, Hewitt, Hargrove, Rasmussen, Honeyford, Carlson, Haugen, Shin, Hochstatter, Horn, Stevens, Zarelli, Oke, Deccio, McCaslin, West, Long, Swecker, Sheahan, McDonald, Johnson, Rossi, Morton and Parlette
AN ACT Relating to safety and health rules related to musculoskeletal disorders; amending RCW 49.17.040 and 49.17.050; and creating a new section.
Referred to Committee on Labor, Commerce and Financial Institutions.
SB 5883 by Senators Patterson, Constantine, Kline, Fraser and Regala
AN ACT Relating to incorporating water supply and growth management planning; amending RCW 43.62.035 and 90.82.070; reenacting and amending RCW 90.54.050; adding a new section to chapter 43.62 RCW; adding a new section to chapter 36.70A RCW; and creating a new section.
Referred to Committee on State and Local Government.
SB 5884 by Senators Jacobsen, Oke, Regala, Roach, Prentice, Horn, Kline, Finkbeiner, Haugen, Swecker and Rasmussen
AN ACT Relating to a legislative task force on local park and recreation maintenance and operations; creating new sections; providing an expiration date; and declaring an emergency.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5885 by Senators Hewitt, Sheahan, Hargrove, Long, T. Sheldon, McCaslin, Morton and Rasmussen
AN ACT Relating to establishing parameters for the siting, securing, and staffing of less restrictive alternative housing for sexually violent predators; amending RCW 71.09.020; adding new sections to chapter 71.09 RCW; adding a new section to chapter 18.155 RCW; creating a new section; and declaring an emergency.
Referred to Committee on Human Services and Corrections.
MOTION
At 12:02 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Wednesday, February 7, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate