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NINTH DAY
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NOON SESSION
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Senate Chamber, Olympia, Tuesday, January 20, 2004
The Senate was called to order at 12:00 noon by President Owen. No roll call was taken.
MOTION
On motion of Senator Esser, 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
January 19, 2004
SB 5139 Prime Sponsor, Carlson: Requiring school districts to provide or pay for state-supported remedial education at institutions of higher education. Revised for 1st Substitute: Concerning student preparation for college-level work. Reported by Committee on Higher Education
MAJORITY recommendation: That Substitute Senate Bill No. 5139 be substituted therefor, and the substitute bill do pass. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Horn, Kohl-Welles, Pflug, B. Sheldon and Shin.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Esser, the bill listed on the Standing Committee report was referred to the committee as designated.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENT
January 20, 2004
SGA 9241 MARY MEINIG, appointed August 5, 2003, for the term ending December 31, 2005 as member of Office of the Family and Children’s Ombudsman.
Reported by Committee on Children & Family Services & Corrections
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Stevens, Chair; Parlette, Vice Chair; Carlson, Deccio, Hargrove, McAuliffe and Regala.
Passed to Committee on Rules.
MOTION
On motion of Senator Esser, the Gubernatorial Appointment listed on the Standing Committee report was referred to the committee as designated.
Pursuant to Senate Rule 50, the Senate Rules Committee reported the measures listed on the Supplemental Standing Committee report were referred to the committees as designated.
SUPPLEMENTAL REPORTS OF STANDING COMMITTEES
SECOND READING
SB 5108 Criminal trespass Ways & Means
SB 5216 Crmnlly insane examinations Children & Family Services & Corrections
SB 5217 Secure comm trans facilities Children & Family Services & Corrections
SB 5228 Contaminated property sales Commerce & Trade
SB 5295 Studded tire fee Highways & Transportation
SB 5412 Identity theft Judiciary
SB 5455 Vehicle licensing subagents Highways & Transportation
SB 5533 Hiring of school emplyees Education
SB 5585 Trans benefit district Highways & Transportation
SB 5643 Digital license plates Highways & Transportation
SB 5668 Hotel-motel taxes Economic Development
SB 5812 Driving in left lane Highways & Transportation
SB 5827 International tourism center Economic Development
SB 5844 School districts' property Education
SB 5851 School dstrct superintendent Education
SB 5899 PUD/telecommunications Technology & Communications
SB 5915 Comm economic rev boards Economic Development
SB 5983 Excise tax incentives Economic Development
THIRD READING
SSB 5086 Ecology dpt water actions Ways & Means
SB 5149 Business employee tax credit Ways & Means
SB 5180 Economic dev & int relations Economic Development
SSB 5181 Software company b&o tax crd Economic Development
SSB 5182 Info technology b&o tax crd Economic Development
ESB 5254 Actions against rules Ways & Means
SSB 5319 Call centers Economic Development
SSB 5325 State facilities impact Ways & Means
SB 5346 Hydraulc prjct/prprty damage Ways & Means
E2SSB 5364 Community revitalization fin Ways & Means
ESSB 5375 Hydraulic project approval Ways & Means
ESSB 5378 Workers' compensation Commerce & Trade
SSB 5423 Physical fitness taxation Ways & Means
SB 5428 Driver's license renewal Highways & Transportation
SB 5431 Commercial driver drug tests Highways & Transportation
SSB 5499 Accident data processing Highways & Transportation
ESB 5517 Business and occupation tax Ways & Means
ESB 5529 Research & dev tax credit Ways & Means
E2SSB 5531 High-tech research & dev Ways & Means
SB 5583 Economic development Ways & Means
SB 5614 Rural county tax deferral Economic Development
SB 5665 Irrigation districts Agriculture
SSB 5708 Nonparent visitation rights Children & Family Services & Corrections
SB 5782 Bus drivers' driving records Highways & Transportation
SSB 5800 Economic development comm Economic Development
ESSB 5807 Basic health plan Health & Long-Term Care
SSB 5955 Personal reemployment prgrm Economic Development
ESSB 5982 Liquor control board Ways & Means
SSB 5987 Transportation agencies Highways & Transportation
ESSB 6011 Staffing business b & o tax Ways & Means
SSB 6028 Flax seed oil manufacturing Ways & Means
ESB 6084 Utility relocation costs Technology & Comunications
SJM 8005 Estate tax repeal Ways & Means
SJM 8006 Economic growth & tax relief Ways & Means
MOTION
On motion of Senator Esser, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
January 19, 2004
MR. PRESIDENT:
The House has adopted:
HOUSE JOINT RESOLUTION NO. 4204,
and the same is herewith transmitted.
RICH NAFZIGER, Chief Clerk
There being no objection, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 6403 by Senators Hewitt, Fairley, Spanel and Rasmussen
AN ACT Relating to authorization for projects recommended by the public works board; creating a new section; and declaring an emergency.
Referred to Committee on Ways & Means.
AN ACT Relating to the repeal of the medicaid prescription drug assistance program; and repealing RCW 74.09.650.
Referred to Committee on Health & Long-Term Care.
AN ACT Relating to auctioning vessels; and amending RCW 88.02.230.
Referred to Committee on Commerce & Trade.
SB 6406 by Senators Hale, T. Sheldon, Roach, McCaslin, Rasmussen and Stevens
AN ACT Relating to a small business exception to exhaustion of administrative remedies; and amending RCW 34.05.534.
Referred to Committee on Government Operations & Elections.
SB 6407 by Senators Shin, McAuliffe, Kohl-Welles and Carlson; by request of State Board of Education
AN ACT Relating to school district superintendent credential preparation programs; and amending RCW 28B.10.140.
Referred to Committee on Higher Education.
SB 6408 by Senators Brandland, Rasmussen, Regala, Spanel, Kline and Esser
AN ACT Relating to nonambulatory livestock; adding a new section to Title 16 RCW; and prescribing penalties.
Referred to Committee on Agriculture.
SB 6409 by Senators Mulliken and Stevens
AN ACT Relating to expanding the eligibility of counties to designate industrial land banks; and amending RCW 36.70A.367.
Referred to Committee on Land Use & Planning.
SB 6410 by Senators Poulsen, Prentice and Jacobsen
AN ACT Relating to covered loads; and amending RCW 46.61.655.
Referred to Committee on Highways & Transportation.
SB 6411 by Senators Brandland, Rasmussen, Sheahan, Hargrove, Swecker, Brown, Jacobsen, McAuliffe, Regala, Eide, Kline, Kohl-Welles and Winsley
AN ACT Relating to reducing hunger; amending RCW 74.08A.010 and 74.08.025; adding a new section to chapter 28A.235 RCW; adding a new section to chapter 74.04 RCW; creating new sections; and repealing RCW 28A.235.140.
Referred to Committee on Children & Family Services & Corrections.
SB 6412 by Senators Fraser, Keiser and Kline
AN ACT Relating to designating the lead agency for public proposals under the state environmental policy act; amending RCW 43.21C.030 and 43.21C.110; and adding new sections to chapter 43.21C RCW.
Referred to Committee on Natural Resources, Energy & Water.
SB 6413 by Senators Mulliken, T. Sheldon, Swecker, Rasmussen, Esser, Hargrove, Murray and Stevens
AN ACT Relating to impact fees for residential construction; adding a new section to chapter 82.02 RCW; and adding a new section to chapter 43.21C RCW.
Referred to Committee on Land Use & Planning.
SB 6414 by Senators Roach, Rasmussen and Esser
AN ACT Relating to industrial insurance fund audits; and adding a new section to chapter 51.44 RCW.
Referred to Committee on Government Operations & Elections.
SB 6415 by Senators Morton, Doumit, Hewitt, Hargrove, Honeyford, T. Sheldon, Hale, Murray and Stevens
AN ACT Relating to conditioning storm water general discharge permits; and adding a new section to chapter 90.48 RCW.
Referred to Committee on Natural Resources, Energy & Water.
SB 6416 by Senators Swecker, Oke, Brandland, Rasmussen, Winsley and Shin; by request of Washington State Patrol
AN ACT Relating to authorized emergency vehicles; and amending RCW 46.37.194.
Referred to Committee on Highways & Transportation.
SB 6417 by Senators Roach and Kastama; by request of Secretary of State
AN ACT Relating to reorganization of statutes on elections; amending RCW 29A.04.255, 29A.04.330, 29A.08.320, 29A.08.620, 29A.08.720, 29A.16.040, 29A.20.020, 29A.60.030, 29A.60.080, and 29A.60.190; reenacting and amending RCW 29A.84.240; reenacting RCW 29.04.075, 29.04.260, 29.33.305, 29.79.075, 29A.32.120, 29A.40.070, 29A.48.010, 29A.48.020, and 29A.84.270; adding new sections to chapter 29A.04 RCW; adding a new section to chapter 29A.12 RCW; adding a new section to chapter 29A.72 RCW; recodifying RCW 29.04.075 and 29.04.260, 29.33.305, and 29.79.075; repealing RCW 29.51.215; and providing an effective date.
Referred to Committee on Government Operations & Elections.
SB 6418 by Senators Roach and Kastama; by request of Secretary of State
AN ACT Relating to election-related crimes; amending RCW 29A.84.720, 29A.84.040, 29A.84.110, 29A.84.130, 29A.84.250, 29A.84.310, 29A.84.410, 29A.84.420, 29A.84.510, 29A.84.530, 29A.84.550, 29A.84.560, 29A.84.620, 29A.84.630, 29A.84.640, 29A.84.650, 29A.84.655, 29A.84.660, 29A.84.710, and 29A.84.730; reenacting and amending RCW 29A.84.230 and 29A.84.680; adding new sections to chapter 29A.84 RCW; creating a new section; recodifying RCW 29A.84.720; repealing RCW 29A.84.020, 29A.84.030, 29A.84.120, 29A.84.140, 29A.84.210, 29A.84.220, 29A.84.240, 29A.84.260, 29A.84.270, 29A.84.320, 29A.84.520, 29A.84.540, 29A.84.610, 29A.84.670, and 29A.84.740; prescribing penalties; and providing an effective date.
Referred to Committee on Government Operations & Elections.
SB 6419 by Senators Roach, Kastama, McAuliffe, Oke and Winsley; by request of Secretary of State
AN ACT Relating to elections; amending RCW 29A.08.010, 29A.08.020, 29A.08.030, 29A.08.105, 29A.08.110, 29A.08.115, 29A.08.120, 29A.08.125, 29A.08.135, 29A.08.140, 29A.08.145, 29A.08.155, 29A.08.220, 29A.08.240, 29A.08.250, 29A.08.260, 29A.08.320, 29A.08.350, 29A.08.360, 29A.08.420, 29A.08.430, 29A.08.510, 29A.08.520, 29A.08.540, 29A.08.605, 29A.08.610, 29A.08.620, 29A.08.630, 29A.08.640, 29A.08.710, 29A.08.760, 29A.08.770, 29A.16.010, 29A.16.130, 29A.44.030, 29A.44.040, 29A.44.220, 29A.44.350, 29.33.305, and 29A.04.610; adding new sections to chapter 29A.08 RCW; adding new sections to chapter 29A.04 RCW; adding new sections to chapter 29.01 RCW; adding a new section to chapter 29A.12 RCW; adding a new chapter to Title 29A RCW; creating a new section; repealing RCW 29A.04.181, 29A.08.530, 29A.08.645, 29A.08.650, and 29A.08.750; providing effective dates; providing an expiration date; and declaring an emergency.
Referred to Committee on Government Operations & Elections.
SB 6420 by Senators Roach, Kastama, Kohl-Welles, Rasmussen, Oke and Winsley; by request of Secretary of State
AN ACT Relating to voting systems; amending RCW 29A.12.020, 29A.12.050, 29A.12.060, 29A.12.070, 29A.12.080, 29A.12.090, 29A.12.100, 29A.12.110, 29A.12.130, 29A.12.150, 29A.44.320, and 29A.60.060; adding a new section to chapter 29A.12 RCW; adding new sections to chapter 29A.44 RCW; adding new sections to chapter 29A.60 RCW; adding a new section to chapter 29A.84 RCW; adding a new section to chapter 29A.04 RCW; creating a new section; prescribing penalties; providing effective dates; and providing an expiration date.
Referred to Committee on Government Operations & Elections.
SB 6421 by Senators Mulliken, McCaslin, T. Sheldon, Stevens and Murray
AN ACT Relating to urban growth area planning; and amending RCW 36.70A.115.
Referred to Committee on Land Use & Planning.
SB 6422 by Senators Keiser, Thibaudeau, Franklin, McAuliffe, Regala and Kohl-Welles
AN ACT Relating to small employers and the basic health plan; amending RCW 70.47.020; and adding a new section to chapter 70.47 RCW.
Referred to Committee on Health & Long-Term Care.
SB 6423 by Senators Pflug, Winsley, Thibaudeau, Franklin, Keiser, Kastama, Deccio, McAuliffe, Kohl-Welles, Rasmussen and Oke
AN ACT Relating to improving the delivery of health care services for school-aged children; adding a new section to chapter 28A.210 RCW; creating new sections; making an appropriation; and providing an expiration date.
Referred to Committee on Education.
SB 6424 by Senators Hewitt, Regala, Esser, Eide, Hale, Berkey, Kohl-Welles, Rasmussen and Pflug
AN ACT Relating to clarifying the taxation of staffing services; amending RCW 82.04.460 and 82.04.290; adding a new section to chapter 82.32 RCW; creating new sections; and providing an effective date.
Referred to Committee on Ways & Means.
SB 6425 by Senators Morton and Swecker
AN ACT Relating to water well construction; amending RCW 18.104.100, 18.104.120, 18.104.180, and 18.104.190; adding a new section to chapter 18.104 RCW; and prescribing penalties.
Referred to Committee on Natural Resources, Energy & Water.
AN ACT Relating to the renewal of a cosmetology, barber, or manicurist license; and amending RCW 18.16.110.
Referred to Committee on Commerce & Trade.
AN ACT Relating to industrial insurance appeals; and amending RCW 51.52.132, 51.52.120, and 51.52.130.
Referred to Committee on Commerce & Trade.
AN ACT Relating to the role of the department of labor and industries in regards to health care providers; amending RCW 51.36.110; adding a new section to chapter 51.52 RCW; and adding a new section to chapter 51.36 RCW.
Referred to Committee on Commerce & Trade.
AN ACT Relating to all-terrain vehicles; amending RCW 46.01.040; adding a new chapter to Title 46 RCW; and prescribing penalties.
Referred to Committee on Highways & Transportation.
SB 6430 by Senators Esser, B. Sheldon, Hale, Oke, Pflug, Fairley, Stevens, McAuliffe, T. Sheldon, Jacobsen, Sheahan, McCaslin, Roach, Winsley, Berkey, Haugen, Eide, Keiser, Schmidt and Carlson
AN ACT Relating to extending the prohibition on mandatory local measured telecommunications service; and amending RCW 80.04.130.
Referred to Committee on Technology & Communications.
SB 6431 by Senators Winsley, Franklin, Horn, Thibaudeau, Fraser, Kline, Eide, McAuliffe, Haugen, Brown, Regala, Keiser, Kohl-Welles and Prentice
AN ACT Relating to health information for youth; adding a new section to chapter 70.24 RCW; and creating a new section.
Referred to Committee on Health & Long-Term Care.
SB 6432 by Senators Kohl-Welles, Brandland, Roach, Thibaudeau, Kline and Rasmussen
AN ACT Relating to the prevention of cyberstalking; reenacting and amending RCW 9.94A.515 and 9.94A.515; adding a new section to chapter 9.61 RCW; prescribing penalties; providing an effective date; providing an expiration date; and declaring an emergency.
Referred to Committee on Judiciary.
SB 6433 by Senators Benton, Kohl-Welles and Oke
AN ACT Relating to investigations by the superintendent of public instruction; and amending RCW 28A.410.095.
Referred to Committee on Education.
SB 6434 by Senators Benton and Berkey
AN ACT Relating to capital calls by domestic mutual insurers; adding new sections to chapter 48.09 RCW; providing an effective date; providing an expiration date; and declaring an emergency.
Referred to Committee on Financial Services, Insurance & Housing.
SB 6435 by Senators Parlette, Haugen and Horn
AN ACT Relating to the notice of traffic infraction form; and amending RCW 46.63.060.
Referred to Committee on Judiciary.
SB 6436 by Senators Horn, Murray, Swecker, Mulliken, Esser, Oke, Stevens and Benton
AN ACT Relating to high-occupancy vehicle lane restrictions; and amending RCW 46.61.165, 47.52.025, and 81.100.020.
Referred to Committee on Highways & Transportation.
SB 6437 by Senators Horn, Haugen, Swecker, Mulliken, Murray, Esser, Schmidt and Shin
AN ACT Relating to highways of statewide significance; and amending RCW 47.05.022.
Referred to Committee on Highways & Transportation.
SB 6438 by Senators Horn, Haugen, Swecker, Oke and Esser
AN ACT Relating to vessel registration enforcement; amending RCW 88.02.110; and adding a new section to chapter 88.02 RCW.
Referred to Committee on Highways & Transportation.
SB 6439 by Senators Horn, Haugen, Swecker, T. Sheldon, Schmidt, Johnson, Poulsen, B. Sheldon, Jacobsen, Stevens, Mulliken, Hale, Spanel, Eide, Rasmussen and Winsley
AN ACT Relating to motorcycle safety training curriculum; amending RCW 46.82.420; and adding a new section to chapter 28A.220 RCW.
Referred to Committee on Highways & Transportation.
SB 6440 by Senators Carlson, Zarelli, Benton, Eide and Rasmussen
AN ACT Relating to restrictions on the residency of sex offenders during their period of community custody; and amending RCW 9.94A.710, 9.94A.712, and 9.94A.715.
Referred to Committee on Children & Family Services & Corrections.
SB 6441 by Senators Shin, Schmidt, B. Sheldon, Eide, Regala, Berkey, Winsley, Parlette, Jacobsen, McAuliffe and Rasmussen
AN ACT Relating to fire fighter record checks; adding a new section to chapter 41.08 RCW; and adding a new section to chapter 52.30 RCW.
Referred to Committee on Government Operations & Elections.
SB 6442 by Senators Zarelli, Prentice, Parlette, Regala, Hargrove, Hewitt, Winsley, B. Sheldon, Esser, Fraser, Eide, Hale, Kline, Brandland, Fairley, Schmidt, Stevens, Johnson, McCaslin, Carlson, Horn, Benton, Mulliken, Roach, McAuliffe, Murray, Rasmussen, Oke and Pflug
AN ACT Relating to the developmental disabilities community trust account; reenacting and amending RCW 43.84.092 and 43.84.092; adding a new section to chapter 71A.20 RCW; providing an effective date; providing an expiration date; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 6443 by Senators Kohl-Welles, Winsley, Hargrove, Schmidt, Fraser, Benton, Roach, Rasmussen and Oke
AN ACT Relating to services for victims of trafficking of humans; adding a new section to chapter 7.68 RCW; and creating a new section.
Referred to Committee on Judiciary.
SB 6444 by Senators Kohl-Welles, Winsley, Hargrove, Schmidt, Fraser, Benton, Roach and Rasmussen
AN ACT Relating to an award recognizing service to victims of human trafficking; adding a new section to chapter 43.330 RCW; and creating a new section.
Referred to Committee on Government Operations & Elections.
SB 6445 by Senators Kohl-Welles, Benton, Winsley, Kastama, Roach, Fraser, McAuliffe and Kline
AN ACT Relating to developing policies, procedures, and mandatory training programs on sexual harassment for all state employees; adding a new section to chapter 41.06 RCW; and providing an effective date.
Referred to Committee on Government Operations & Elections.
SB 6446 by Senators Kohl-Welles, Benton, Hargrove, Shin, Rasmussen and Winsley
AN ACT Relating to the duty of members of the clergy to report child abuse or neglect; amending RCW 26.44.020 and 26.44.030; and creating a new section.
Referred to Committee on Children & Family Services & Corrections.
SB 6447 by Senators Stevens and Haugen
AN ACT Relating to DNA testing; and amending RCW 10.73.170.
Referred to Committee on Children & Family Services & Corrections.
SB 6448 by Senators Zarelli, Prentice and Winsley; by request of Department of Revenue
AN ACT Relating to transferring responsibility for collecting certain telephone program excise taxes from the department of social and health services to the department of revenue; amending RCW 43.20A.725 and 80.36.430; adding a new chapter to Title 82 RCW; creating new sections; prescribing penalties; and providing an effective date.
Referred to Committee on Ways & Means.
SB 6449 by Senators Eide, Carlson, Doumit, Schmidt, McAuliffe, Swecker, Keiser, Kastama, Prentice, Thibaudeau, Fairley, Kohl-Welles, Rasmussen, Fraser, Regala, Kline, Franklin, Berkey, Poulsen, Shin, B. Sheldon, Spanel, Esser, Winsley, Haugen and Jacobsen
AN ACT Relating to an education finance study; creating a new section; making an appropriation; and providing an expiration date.
Referred to Committee on Education.
SCR 8421 by Senators Carlson, Kohl-Welles, Schmidt, Berkey and Winsley; by request of Higher Education Coordinating Board
Commending the higher education coordinating board for its work in preparing the 2004 Interim Strategic Master Plan for Higher Education.
Referred to Committee on Higher Education.
MOTION
On motion of Senator Esser, all measures listed on the Introduction and First Reading report were referred to the committees as designated.
MOTION
At 12:03 p.m., on motion of Senator Esser, the Senate adjourned until 12:00 noon, Wednesday, January 21, 2004.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, JR., Secretary of the Senate