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EIGHTEENTH DAY
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NOON SESSION
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Senate Chamber, Olympia, Thursday, January 30, 2003
The Senate was called to order at 12:00 noon by President Owen. No roll call was taken.
MOTION
On motion of Senator Sheahan, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGE FROM THE HOUSE
January 29, 2003
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1053, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
INTRODUCTION AND FIRST READING
SB 5556 by Senators Swecker, Kohl-Welles, Carlson, Kline, Finkbeiner, Brown and Keiser
AN ACT Relating to the process for election to local nonpartisan offices; amending RCW 29.65.050; adding a new chapter to Title 29 RCW; creating a new section; and repealing RCW 29.30.085.
Referred to Committee on Government Operations and Elections.
SB 5557 by Senators Kastama, Carlson, Poulsen, Winsley and Deccio
AN ACT Relating to voter-approved increases in excess of the property tax revenue limit; and amending RCW 84.55.050.
Referred to Committee on Government Operations and Elections.
SB 5558 by Senators Mulliken, Swecker, Johnson and Stevens
AN ACT Relating to real estate excise tax revenues related to construction of capital improvements to public schools; adding a new section to chapter 82.46 RCW; and creating new sections.
Referred to Committee on Education.
SB 5559 by Senators Finkbeiner, Kohl-Welles, Swecker, Jacobsen, Kastama, Haugen, Poulsen, Benton and Esser
AN ACT Relating to the collection of voter-approved taxes by a city transportation authority; amending RCW 35.95A.120; adding a new section to chapter 35.95A RCW; prescribing penalties; and declaring an emergency.
Referred to Committee on Highways and Transportation.
SB 5560 by Senators Honeyford, Keiser, Horn and Kohl-Welles (by request of University of Washington)
AN ACT Relating to the prohibition of sales of alcohol on university grounds; and repealing RCW 66.44.190.
Referred to Committee on Commerce and Trade.
SB 5561 by Senator Prentice
AN ACT Relating to restrictions on assignments under Article 9A of the uniform commercial code; and amending RCW 62A.9A-406 and 62A.9A-408.
Referred to Committee on Financial Services, Insurance and Housing.
SB 5562 by Senators Deccio and Thibaudeau (by request of Department of Social and Health Services)
AN ACT Relating to direct care component rate allocation; and amending RCW 74.46.508.
Referred to Committee on Health and Long-Term Care.
SB 5563 by Senators Deccio, Thibaudeau, Franklin and Shin (by request of Department of Social and Health Services)
AN ACT Relating to the timing of the inspection of boarding homes; and amending RCW 18.20.110.
Referred to Committee on Health and Long-Term Care.
SB 5564 by Senators Deccio, Thibaudeau and Franklin (by request of Department of Social and Health Services)
AN ACT Relating to research in the jurisdiction of a state agency; and amending RCW 42.48.010, 42.48.020, and 42.48.040.
Referred to Committee on Health and Long-Term Care.
SB 5565 by Senators Keiser and Poulsen
AN ACT Relating to property tax limitations for port districts; amending RCW 84.55.092; adding a new section to chapter 84.55 RCW; and creating a new section.
Referred to Committee on Government Operations and Elections.
SB 5566 by Senators Deccio, Thibaudeau, Franklin and Rasmussen (by request of Department of Social and Health Services)
AN ACT Relating to the prioritization of services to persons with developmental disabilities by the department of social and health services to promote the independence of the individual and other natural and community-based supports; amending RCW 71A.10.020, 71A.10.030, 71A.10.050, 71A.12.020, 71A.12.050, 71A.12.090, 71A.18.010, 71A.18.020, 71A.18.030, 71A.18.050, 35.82.285, 71A.20.010, and 84.36.042; adding new sections to chapter 71A.10 RCW; adding new sections to chapter 71A.18 RCW; repealing RCW 71A.10.010, 71A.10.011, 71A.10.800, 71A.10.805, 71A.10.900, 71A.10.901, 71A.10.902, 71A.16.020, 71A.16.030, 71A.16.040, 71A.16.050, and 71A.16.010; providing an effective date; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5567 by Senators Deccio, Thibaudeau and Franklin (by request of Department of Social and Health Services)
AN ACT Relating to modification of the mandatory nurse review of medicaid personal care plans; and amending RCW 74.09.520.
Referred to Committee on Health and Long-Term Care.
SB 5568 by Senators Jacobsen and Kohl-Welles
AN ACT Relating to access to education; amending RCW 49.60.400; and creating a new section.
Referred to Committee on Education.
SB 5569 by Senators Winsley, Reardon and Benton
AN ACT Relating to implied warranties under the condominium act; and amending RCW 64.34.410 and 64.34.450.
Referred to Committee on Financial Services, Insurance and Housing.
SB 5570 by Senators Brown, Brandland, Kohl-Welles and Rasmussen (by request of Attorney General Gregoire)
AN ACT Relating to communication with a minor for immoral purposes; and amending RCW 9.68A.090.
Referred to Committee on Judiciary.
SB 5571 by Senators Franklin, Stevens, Hargrove, Esser, Mulliken and Shin
AN ACT Relating to human cloning; adding a new chapter to Title 70 RCW; and prescribing penalties.
Referred to Committee on Children and Family Services and Corrections.
SB 5572 by Senators Swecker, Eide, Kohl-Welles and Rasmussen
AN ACT Relating to funding driver's education for low-income students; amending RCW 28A.220.040; adding a new section to chapter 46.16 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Education.
SB 5573 by Senator Swecker
AN ACT Relating to truck traffic at night; and amending RCW 46.61.100 and 46.61.410.
Referred to Committee on Highways and Transportation.
SB 5574 by Senators Finkbeiner, Poulsen and Reardon (by request of Attorney General Gregoire)
AN ACT Relating to district court jurisdiction over actions involving commercial electronic mail; and amending RCW 3.66.020 and 3.66.040.
Referred to Committee on Judiciary.
SB 5575 by Senators Parlette, Morton, Doumit, Honeyford and Hale
AN ACT Relating to small irrigation impoundments; and amending RCW 90.03.370, 90.03.380, and 90.44.055.
Referred to Committee on Natural Resources, Energy and Water.
SB 5576 by Senators Winsley, Franklin, Reardon, Esser and Haugen
AN ACT Relating to payment for state-contracted long-term care services; amending RCW 74.39A.030, 74.46.620, and 74.46.630; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5577 by Senators Winsley, Thibaudeau, Jacobsen, Keiser and Shin
AN ACT Relating to payment for nursing care services; amending RCW 18.52C.040, 74.46.410, and 74.46.431; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5578 by Senators Winsley, T. Sheldon, Brandland, Reardon, Franklin, Esser, Haugen and Hargrove
AN ACT Relating to bed hold for boarding home residents; and adding a new section to chapter 18.20 RCW.
Referred to Committee on Health and Long-Term Care.
SB 5579 by Senators Parlette, Jacobsen, Winsley, Brandland, Rasmussen, Esser, Reardon, Honeyford, T. Sheldon, Hargrove, Haugen, Doumit, Zarelli, Stevens, Deccio, Keiser, Mulliken and Shin
AN ACT Relating to boarding homes; adding a new section to chapter 18.20 RCW; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5580 by Senators Winsley, Jacobsen, Carlson, Kastama, Rasmussen, Esser, Reardon, T. Sheldon, Haugen, Keiser, Doumit, Zarelli, Hargrove, Stevens, Mulliken and Shin
AN ACT Relating to the tax treatment of boarding homes; and creating a new section.
Referred to Committee on Health and Long-Term Care.
INTRODUCTION AND FIRST READING OF HOUSE BILL
ESHB 1053 by House Committee on State Government (originally sponsored by Representatives Miloscia, Armstrong, Haigh, Simpson, Schoesler, Quall, O'Brien, Kirby, Cox, Eickmeyer, Berkey, McCoy, Ruderman, Hatfield, Sullivan, Morris, Linville, Ahern, Veloria, Bush, Conway, Dickerson, Lovick, Fromhold, Dunshee, Gombosky, Kenney, Kagi, Schual-Berke and Campbell)
Enhancing government accountability.
MOTIONS
On motion of Senator Sheahan, Senate Bill No. 5571 was referred to the Committee on Children and Family Services and Corrections.
On motion of Senator Sheahan, Engrossed Substitute House Bill No. 1053 was held at the desk.
MOTION
On motion of Senator Sheahan, Senate Rule 46 was suspended for the remainder of the day, to allow the Senate committees to meet during session.
EDITOR'S NOTE: Senate Rule 46 reads: 'No committee shall sit during the daily session of the senate unless by special leave. No committee shall sit during any scheduled caucus.'
MOTION
At 12:02 p.m., on motion of Senator Sheahan, the Senate recessed until 4:30 p.m.
The Senate was called to order at 4:30 p.m. by President Pro Tempore Winsley.
There being no objection, the President Pro Tempore reverted the Senate to the first order of business.
REPORTS OF STANDING COMMITTEES
January 30, 2003
SB 5018 Prime Sponsor, Senator Roach: Revising laws against voyeurism. Reported by Committee on Judiciary
MAJORITY Recommendation: That Substitute Senate Bill No. 5018 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline, Roach and Thibaudeau.
Passed to Committee on Rules for second reading.
January 29, 2003
SB 5042 Prime Sponsor, Senator T. Sheldon: Authorizing the department of natural resources to enter contracts that indemnify another party against loss or damage. Reported by Committee on Natural Resources, Energy and Water
MAJORITY Recommendation: Do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Fraser, Hale, Hargrove, Honeyford, Oke and Regala.
Passed to Committee on Rules for second reading.
January 29, 2003
SB 5074 Prime Sponsor, Senator Morton: Establishing contract harvesting of timber on state trust lands. Reported by Committee on Natural Resources, Energy and Water
MAJORITY Recommendation: That Substitute Senate Bill No. 5074 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Fraser, Hale, Hargrove, Honeyford, Oke and Regala.
Referred to Committee on Ways and Means.
January 30, 2003
SB 5088 Prime Sponsor, Senator Regala: Recognizing that the use of certain land in Tacoma for school purposes is valid and meets the requirements of section 2, chapter 123, Laws of 1907. Reported by Committee on Natural Resources, Energy and Water
MAJORITY Recommendation: That Substitute Senate Bill No. 5088 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Fraser, Hale, Hargrove, Honeyford, Oke and Regala.
Passed to Committee on Rules for second reading.
January 30, 2003
SB 5110 Prime Sponsor, Senator Oke: Prohibiting tobacco product sampling. Reported by Committee on Commerce and Trade
MAJORITY Recommendation: That it be referred to Committee on Health and Long-Term Care without recommendation. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.
Referred to Committee on Health and Long-Term Care.
January 29, 2003
SB 5122 Prime Sponsor, Senator Johnson: Revising provisions of the state trademark law. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline, Roach and Thibaudeau.
Passed to Committee on Rules for second reading.
January 28, 2003
SB 5156 Prime Sponsor, Senator Winsley: Describing the duties of the combined fund drive. Reported by Committee on Government Operations and Elections
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Horn, Kastama, McCaslin and Reardon.
Passed to Committee on Rules for second reading.
January 29, 2003
SB 5161 Prime Sponsor, Senator Hewitt: Repealing ergonomics rules. Reported by Committee on Commerce and Trade
MAJORITY Recommendation: Do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair and Mulliken.
MINORITY Recommendation: Do not pass. Signed by Senators Franklin and Keiser.
Passed to Committee on Rules for second reading.
January 29, 2003
SB 5170 Prime Sponsor, Senator Esser: Correcting outdated internal references. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline, Roach and Thibaudeau.
Passed to Committee on Rules for second reading.
January 29, 2003
SB 5171 Prime Sponsor, Senator Esser: Making technical corrections. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline, Roach and Thibaudeau.
Passed to Committee on Rules for second reading.
January 29, 2003
SB 5172 Prime Sponsor, Senator Esser: Correcting obsolete references to fish and wildlife statutes. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline, Roach and Thibaudeau.
Passed to Committee on Rules for second reading.
January 29, 2003
SB 5173 Prime Sponsor, Senator Esser: Repealing RCW 42.44.040. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline, Roach and Thibaudeau.
Passed to Committee on Rules for second reading.
January 28, 2003
SB 5176 Prime Sponsor, Senator Roach: Providing wildland fire fighting training. Reported by Committee on Government Operations and Elections
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Horn, Kastama, McCaslin and Reardon.
Passed to Committee on Rules for second reading.
January 29, 2003
SB 5178 Prime Sponsor, Senator Hewitt: Creating the legislative international trade account. Reported by Committee on Commerce and Trade
MAJORITY Recommendation: That Substitute Senate Bill No. 5178 be substituted therefor, and the substitute bill do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.
Passed to Committee on Rules for second reading.
January 29, 2003
SB 5180 Prime Sponsor, Senator Hewitt: Renaming the legislative committee on economic development the legislative committee on economic development and international relations. Reported by Committee on Economic Development
MAJORITY Recommendation: Do pass. Signed by Senators T. Sheldon, Chair; Zarelli, Vice Chair; Benton, Hale, Rossi, Schmidt, B. Sheldon and Shin.
Passed to Committee on Rules for second reading.
January 29, 2003
SB 5181 Prime Sponsor, Senator Benton: Extending the expiration date on the tax credit for software companies in rural counties. Reported by Committee on Economic Development
MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators T. Sheldon, Chair; Zarelli, Vice Chair; Benton, Hale, Schmidt, B. Sheldon and Shin.
Referred to Committee on Ways and Means.
January 29, 2003
SB 5182 Prime Sponsor, Senator Benton: Extending the expiration date for the rural county information technology tax credit. Reported by Committee on Economic Development
MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators T. Sheldon, Chair; Zarelli, Vice Chair; Benton, Hale, Schmidt, B. Sheldon and Shin.
Referred to Committee on Ways and Means.
January 28, 2003
SB 5194 Prime Sponsor, Senator Roach: Increasing options in ethics investigations. Reported by Committee on Government Operations and Elections
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Horn, Kastama, McCaslin and Reardon.
Passed to Committee on Rules for second reading.
January 30, 2003
SB 5198 Prime Sponsor, Senator Parlette: Revising authority of public hospital districts to pay recruitment expenses and employee training and education expenses. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That Substitute Senate Bill No. 5198 be substituted therefor, and the substitute bill do pass. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Franklin, Keiser and Parlette.
Passed to Committee on Rules for second reading.
January 28, 2003
SB 5232 Prime Sponsor, Senator Morton: Authorizing multiyear excess property tax levies for cemetery districts. Reported by Committee on Government Operations and Elections
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Horn, Kastama, McCaslin and Reardon.
Passed to Committee on Rules for second reading.
January 30, 2003
SB 5236 Prime Sponsor, Senator Parlette: Offering health care benefit plans to school district employees. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That Substitute Senate Bill No. 5236 be substituted therefor, and the substitute bill do pass. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Franklin, Keiser, Parlette and Thibaudeau.
Passed to Committee on Rules for second reading.
January 29, 2003
SB 5244 Prime Sponsor, Senator Hewitt: Authorizing additional powers for unclassified cities. Reported by Committee on Government Operations and Elections
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Kastama, McCaslin and Reardon.
Passed to Committee on Rules for second reading.
January 30, 2003
SB 5324 Prime Sponsor, Senator Kohl-Welles: Authorizing leave for organ donation. Reported by Committee on Commerce and Trade
MAJORITY Recommendation: That it be referred to Committee on Government Operations and Elections without recommendation. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.
Referred to Committee on Government Operations and Elections.
January 30, 2003
SB 5514 Prime Sponsor, Senator Roach: Revising the definition of manager in state civil service law. Reported by Committee on Commerce and Trade
MAJORITY Recommendation: That it be referred to Committee on Government Operations and Elections without recommendation. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.
Referred to Committee on Government Operations and Elections.
January 30, 2003
SJM 8000 Prime Sponsor, Senator Fraser: Requesting the federal energy regulatory commission to withdraw a proposal affecting electricity. Reported by Committee on Natural Resources, Energy and Water
MAJORITY Recommendation: Do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Fraser, Hale, Hargrove, Honeyford, Oke and Regala.
Passed to Committee on Rules for second reading.
January 29, 2003
SJM 8002 Prime Sponsor, Senator Morton: Requesting forest health-related management activities on all state and national forests in Washington state. Reported by Committee on Natural Resources, Energy and Water
MAJORITY Recommendation: That Substitute Senate Joint Memorial No. 8002 be substituted therefor, and the substitute joint memorial do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Fraser, Hale, Hargrove, Honeyford and Oke.
Passed to Committee on Rules for second reading.
January 28, 2003
SJR 8208 Prime Sponsor, Senator Morton: Amending the Constitution to allow multiyear excess property tax levies for cemetery districts. Reported by Committee on Government Operations and Elections
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Horn, Kastama, McCaslin and Reardon.
Passed to Committee on Rules for second reading.
MOTION
At 4:31 p.m., on motion of Senator Sheahan, the Senate adjourned until 10:00 a.m., Friday, January 31, 2003.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, Jr., Secretary of the Senate