FORTY-SEVENTH DAY
MORNING SESSION
Senate Chamber, Olympia, Friday, February 24, 2006
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 Carrell, Johnson and Schmidt.
The Sergeant at Arms Color Guard consisting of Pages Kali Rasmussen and Harry Doumit, presented the Colors. Reverend Anna Grace of the Unity Church offered the prayer.
MOTION
Senator Brown moved that Senate Rule 46 be suspended in order to allow the Committee on Early Learning, K-12 & Higher Education to continue meeting while the senate is in session.
Senator Pflug spoke against the motion.
POINT OF ORDER
Senator Benton: “Mr. President, I wanted to say that, when the roll call started here, I was forced to leave a committee meeting to come for roll here because I’ve always been under the impression that Senate Rules require that senate floor action takes precedence over committee hearings and that no committee hearing can be conducted in conflict with scheduled senate action. This was a committee hearing that was not scheduled. Was not on the schedule. No one knew the meeting was going to be held and I believe the senate rules require proper notice for committee hearings, if I’m not mistaken.”
REPLY BY THE PRESIDENT
President Owen: “Senator Benton, Senator Brown’s motion is just because of that rule that you are quoting. There was no roll taken, I mean there was no roll call on a vote, there was roll taken for the floor, you are right from that stand point.”
The President declared the question before the Senate to be the motion by Senator Brown to suspend Senate Rule 46.
Senator Brown demanded a roll call.
The President declared that one-sixth of the Senate support the demand and the demand was sustained.
PARLIAMENTARY INQUIRY
Senator Benton: “Do Senate Rules forbid the conflict of committee hearings at the time that floor action is scheduled and, if so, can those rules be suspended by a simple majority or a two-thirds vote? The second part of the question, Mr. President, is this: Once, do Senate Rules and or joint rules require proper notice be given to the public and to the members for the conduct of committee hearings and, if so, what is that notice requirement?”
POINT OF ORDER
Senator Benton: “Mr. President, I submit Senator Brown's motion to suspend Rule 46 is out of order. The motion would apply to action that has already occurred. Therefore, it would be an ex post facto of action which I don’t believe is allowed Mr. President. The suspension of the rules should have occurred prior to action in which she is trying to suspend the rule to accommodate. So I find it hard to understand how parliamentary rules can be manipulated to suspend a rule to allow an action that has already occurred prior to that motion.”
REPLY BY THE PRESIDENT
President Owen: “Senator Benton, while he’s typing up our decision on this, we’re going to continue on the procedural stuff before we actually get to that vote.”
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 22, 2006
ESHB 1080 Prime Sponsor, Committee on Criminal Justice & Corrections: Protecting dependent persons. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson, McCaslin, Rasmussen and Thibaudeau
Passed to Committee on Rules for second reading.
February 22, 2006
HB 1145 Prime Sponsor, Clibborn: Authorizing donation of unclaimed personal property to nonprofit charitable organizations. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, Pridemore and Roach
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 1279 Prime Sponsor, Committee on Juvenile Justice & Family Law: Revising provisions relating to public access to child in need of services and at-risk youth hearings. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass. Signed by Senators Hargrove, Chair; Brandland, Carrell, McAuliffe, Stevens and Thibaudeau
Passed to Committee on Rules for second reading.
February 22, 2006
SHB 1341 Prime Sponsor, Committee on Local Government: Authorizing additional investment authority for specified hospital districts. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass as amended. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Kline, Mulliken, Pridemore and Roach
Passed to Committee on Rules for second reading.
February 22, 2006
SHB 1348 Prime Sponsor, Committee on Judiciary: Providing a uniform method of transferring a municipal court judgment into district court. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson, McCaslin, Rasmussen and Thibaudeau
Passed to Committee on Rules for second reading.
February 21, 2006
2SHB 1359 Prime Sponsor, Committee on Appropriations: Revising the interest rate on legal financial obligations. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson and Rasmussen
Passed to Committee on Ways & Means.
February 23, 2006
E2SHB 1395 Prime Sponsor, Committee on Commerce & Labor: Modifying provisions concerning the uniform regulation of business and professions. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Honeyford, Keiser and Parlette
Passed to Committee on Rules for second reading.
February 23, 2006
HB 1439 Prime Sponsor, Green: Allowing the state purchasing and material control director to receive electronic and web-based bids. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass as amended. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, McCaslin, Mulliken, Pridemore and Roach
Passed to Committee on Rules for second reading.
February 23, 2006
4SHB 1483 Prime Sponsor, Committee on Appropriations: Creating an "investing in youth program." Revised for 4th Substitute: Establishing a reinvesting in youth program. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland, Carrell, McAuliffe, Stevens and Thibaudeau
Passed to Committee on Ways & Means.
February 23, 2006
SHB 1650 Prime Sponsor, Committee on Criminal Justice & Corrections: Addressing the failure to respond to citations and notices of infractions. Revised for 1st Substitute: Decriminalizing refusal to sign citations and notices of infractions issued electronically or by mail. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson, McCaslin, Rasmussen and Thibaudeau
Passed to Committee on Rules for second reading.
February 23, 2006
ESHB 1765 Prime Sponsor, Committee on Commerce & Labor: Allowing auctioneers to auction vessels without registering as a vessel dealer. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Honeyford, Keiser and Parlette
Passed to Committee on Rules for second reading.
February 22, 2006
ESHB 1883 Prime Sponsor, Committee on Select Committee on Hood Canal: Providing for collection of oral histories about Hood Canal. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass as amended. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, Mulliken, Pridemore and Roach
Passed to Committee on Rules for second reading.
February 23, 2006
HB 1966 Prime Sponsor, Ericks: Classifying identity theft as a crime against persons. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson, McCaslin, Rasmussen and Thibaudeau
Passed to Committee on Rules for second reading.
February 23, 2006
ESHB 2056 Prime Sponsor, Committee on Commerce & Labor: Regulating recreational vehicle shows. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Honeyford, Keiser and Parlette
Passed to Committee on Rules for second reading.
February 23, 2006
EHB 2322 Prime Sponsor, Ormsby: Limiting the phosphorus content in dishwashing detergent. Reported by Committee on Water, Energy & Environment
MAJORITY recommendation: Do pass as amended. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Fraser, Pridemore and Regala
MINORITY recommendation: Do not pass. Signed by Senators Delvin, Honeyford, Morton and Mulliken
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2344 Prime Sponsor, Committee on Judiciary: Authorizing one superior court judge in Clallam county. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson, McCaslin, Rasmussen and Thibaudeau
Passed to Committee on Rules for second reading.
February 23, 2006
E2SHB 2349 Prime Sponsor, Committee on Appropriations: Providing new renewable energy standards. Reported by Committee on Water, Energy & Environment
MAJORITY recommendation: Do pass as amended. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Fraser, Honeyford, Morton, Pridemore and Regala
MINORITY recommendation: Do not pass. Signed by Senators Delvin and Mulliken
Passed to Committee on Ways & Means.
February 23, 2006
ESHB 2352 Prime Sponsor, Committee on Technology, Energy & Communications: Modifying net metering provisions. Reported by Committee on Water, Energy & Environment
MAJORITY recommendation: Do pass as amended. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Fraser, Honeyford, Morton, Mulliken, Pridemore and Regala
MINORITY recommendation: Without recommendation. Signed by Senator Delvin
Passed to Committee on Rules for second reading.
February 23, 2006
E2SHB 2353 Prime Sponsor, Committee on Appropriations: Providing collective bargaining for family child care providers. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass as amended. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Brown, Keiser and Prentice
MINORITY recommendation: Without recommendation. Signed by Senators Honeyford and Parlette
Passed to Committee on Ways & Means.
February 23, 2006
HB 2366 Prime Sponsor, Sullivan, B.: Making certain communications between fire fighters and peer support group counselors privileged. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Esser, Hargrove, Johnson, Rasmussen and Thibaudeau
Passed to Committee on Rules for second reading.
February 21, 2006
HB 2379 Prime Sponsor, Lantz: Disposing of nonprobate assets under will. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson, McCaslin and Rasmussen
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2382 Prime Sponsor, Committee on Judiciary: Providing limited liability immunity for injuries at bovine handling facilities. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Carrell, Esser, Hargrove, Johnson and Rasmussen
MINORITY recommendation: Do not pass. Signed by Senator Weinstein, Vice Chair
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2394 Prime Sponsor, Committee on Children & Family Services: Including financial literacy in work activity provisions. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland, Carrell, McAuliffe, Stevens and Thibaudeau
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2426 Prime Sponsor, Committee on Technology, Energy & Communications: Modifying utilities and transportation commission provisions. Reported by Committee on Water, Energy & Environment
MAJORITY recommendation: Do pass. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Fraser, Pridemore and Regala
MINORITY recommendation: Do not pass. Signed by Senators Delvin, Honeyford, Morton and Mulliken
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2437 Prime Sponsor, Committee on State Government Operations & Accountability: Providing guidelines for state-owned refueling stations. Reported by Committee on Water, Energy & Environment
MAJORITY recommendation: Do pass as amended. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Delvin, Fraser, Honeyford, Morton, Mulliken, Pridemore and Regala
Passed to Committee on Rules for second reading.
February 23, 2006
ESHB 2475 Prime Sponsor, Committee on Commerce & Labor: Requiring collective bargaining regarding hours of work for individual providers. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Brown, Keiser and Prentice
MINORITY recommendations: Do not pass. Signed by Senator Honeyford. Without recommendation. Signed by Senator Parlette
Passed to Committee on Ways & Means.
February 23, 2006
HB 2477 Prime Sponsor, Green: Making technical changes to election laws. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, McCaslin, Mulliken, Pridemore and Roach
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2537 Prime Sponsor, Committee on Commerce & Labor: Establishing a pilot program to allow employers to assist employees in completing applications for industrial insurance benefits. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Brown, Keiser and Prentice
MINORITY recommendations: Do not pass. Signed by Senator Honeyford. Without recommendation. Signed by Senator Parlette
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2538 Prime Sponsor, Committee on Commerce & Labor: Authorizing the department to request and superior court to grant warrants pursuant to chapter 49.17 RCW. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Brown, Keiser and Prentice
MINORITY recommendation: Without recommendation. Signed by Senators Honeyford and Parlette
Passed to Committee on Rules for second reading.
February 22, 2006
SHB 2543 Prime Sponsor, Committee on Technology, Energy & Communications: Making permanent the enhanced 911 advisory committee. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass as amended. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, Mulliken, Pridemore and Roach
Passed to Committee on Rules for second reading.
February 22, 2006
2SHB 2593 Prime Sponsor, Committee on Appropriations: Changing provisions relating to oil spill prevention, preparedness, and response. Reported by Committee on Water, Energy & Environment
MAJORITY recommendation: Do pass as amended. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Fraser, Pridemore and Regala
MINORITY recommendations: Do not pass. Signed by Senators Delvin and Morton. Without recommendation. Signed by Senator Mulliken
Passed to Committee on Rules for second reading.
February 22, 2006
ESHB 2594 Prime Sponsor, Committee on State Government Operations & Accountability: Providing assistance to non-English speaking voters. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Fairley, Haugen, Kline, Pridemore and Roach
MINORITY recommendation: Without recommendation. Signed by Senator Benton
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2596 Prime Sponsor, Committee on Commerce & Labor: Modifying provisions for the cosmetology apprenticeship program. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass as amended. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Brown, Honeyford, Keiser, Parlette and Prentice
Passed to Committee on Rules for second reading.
February 23, 2006
HB 2606 Prime Sponsor, Curtis: Allowing volunteer fire fighter personnel to hold elective or appointed office. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass as amended. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, McCaslin, Mulliken, Pridemore and Roach
Passed to Committee on Rules for second reading.
February 23, 2006
ESHB 2668 Prime Sponsor, Committee on Commerce & Labor: Modifying provisions regulating certain professional athletic events. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Honeyford, Keiser and Parlette
Passed to Committee on Rules for second reading.
February 22, 2006
SHB 2695 Prime Sponsor, Committee on State Government Operations & Accountability: Modifying absentee or provisional ballot notice requirements. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass as amended. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, Mulliken, Pridemore and Roach
Passed to Committee on Rules for second reading.
February 20, 2006
SHB 2713 Prime Sponsor, Committee on State Government Operations & Accountability: Clarifying that state and local governing bodies may support or oppose ballot propositions. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Fairley, Haugen, Kline and Pridemore
MINORITY recommendation: Without recommendation. Signed by Senator Benton
Passed to Committee on Rules for second reading.
February 23, 2006
HB 2717 Prime Sponsor, Schindler: Restricting mobile home park sewer-related charges. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Haugen, Kline, McCaslin, Mulliken and Roach
Passed to Committee on Rules for second reading.
February 21, 2006
2SHB 2754 Prime Sponsor, Committee on Appropriations: Creating the veterans innovations program. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, Mulliken, Pridemore and Roach
Passed to Committee on Rules for second reading.
February 22, 2006
SHB 2780 Prime Sponsor, Committee on Appropriations: Authorizing additional payroll deductions for state employees. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Fairley, Haugen, Kline and Pridemore
Passed to Committee on Rules for second reading.
February 23, 2006
2SHB 2799 Prime Sponsor, Committee on Finance: Providing tax exemptions for solar hot water equipment. Revised for 2nd Substitute: Providing tax exemptions for solar water heating equipment. Reported by Committee on Water, Energy & Environment
MAJORITY recommendation: Do pass. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Delvin, Fraser, Honeyford, Morton, Mulliken, Pridemore and Regala
Passed to Committee on Rules for second reading.
February 22, 2006
HB 2829 Prime Sponsor, Wallace: Modifying provisions concerning the regulation of driver training schools. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Poulsen, Vice Chair; Benson, Berkey, Esser, Finkbeiner, Mulliken, Oke, Sheldon, Spanel and Weinstein
Passed to Committee on Rules for second reading.
February 23, 2006
ESHB 2848 Prime Sponsor, Committee on Judiciary: Protecting confidentiality of domestic violence information. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson, McCaslin, Rasmussen and Thibaudeau
Passed to Committee on Rules for second reading.
February 23, 2006
ESHB 2951 Prime Sponsor, Committee on Judiciary: Creating a firearms training certificate program for retired law enforcement officers. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson, McCaslin, Rasmussen and Thibaudeau
Passed to Committee on Rules for second reading.
February 22, 2006
HB 2960 Prime Sponsor, Kessler: Determining rates for the rental of county equipment. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, Pridemore and Roach
Passed to Committee on Rules for second reading.
February 22, 2006
ESHB 2984 Prime Sponsor, Committee on Local Government: Authorizing cities, towns, and counties to implement affordable housing incentive programs. Reported by Committee on Financial Institutions, Housing & Consumer Protection
MAJORITY recommendation: Do pass as amended. Signed by Senators Fairley, Chair; Berkey, Vice Chair; Benson, Brandland, Finkbeiner, Franklin, Keiser, Schmidt and Spanel
Passed to Committee on Rules for second reading.
February 22, 2006
SHB 2987 Prime Sponsor, Committee on Transportation: Increasing penalties for vehicle gross weight violations. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Poulsen, Vice Chair; Benson, Berkey, Esser, Finkbeiner, Mulliken, Oke, Sheldon, Spanel and Weinstein
Passed to Committee on Rules for second reading.
February 22, 2006
HB 3001 Prime Sponsor, Hudgins: Modifying the definition of limousine. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Poulsen, Vice Chair; Benson, Berkey, Esser, Finkbeiner, Mulliken, Oke, Sheldon, Spanel and Weinstein
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 3003 Prime Sponsor, Committee on Commerce & Labor: Eliminating the department of transportation's exemption from the public works apprenticeship utilization requirements. Revised for 1st Substitute: Modifying public works apprenticeship utilization requirements. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass as amended. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Brown, Keiser and Prentice
MINORITY recommendations: Do not pass. Signed by Senator Honeyford. Without recommendation. Signed by Senator Parlette
Passed to Committee on Rules for second reading.
February 23, 2006
EHB 3074 Prime Sponsor, Serben: Concerning default judgments against service members. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson, McCaslin and Rasmussen
Passed to Committee on Rules for second reading.
February 22, 2006
ESHB 3089 Prime Sponsor, Committee on Transportation: Revising commute trip reduction provisions. Reported by Committee on Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Poulsen, Vice Chair; Benson, Berkey, Esser, Finkbeiner, Mulliken, Oke, Sheldon, Spanel and Weinstein
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 3128 Prime Sponsor, Committee on Commerce & Labor: Regulating the sale of wine by a society or organization. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Brown, Honeyford, Keiser, Parlette and Prentice
Passed to Committee on Rules for second reading.
February 23, 2006
HB 3134 Prime Sponsor, Conway: Determining the amount of compensation for temporary or permanent total disability. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Honeyford, Keiser and Parlette
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 3150 Prime Sponsor, Committee on Commerce & Labor: Concerning efforts to promote the wine industry. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Brown, Honeyford, Keiser, Parlette and Prentice
Passed to Committee on Rules for second reading.
February 23, 2006
HB 3154 Prime Sponsor, Condotta: Concerning the retail sale of beer. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Brown, Honeyford, Keiser, Parlette and Prentice
Passed to Committee on Rules for second reading.
February 23, 2006
HB 3157 Prime Sponsor, Darneille: Requiring that TANF recipients be given information on available programs for financial literacy. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland, Carrell, McAuliffe, Stevens and Thibaudeau
Passed to Committee on Rules for second reading.
February 22, 2006
SHB 3178 Prime Sponsor, Committee on Commerce & Labor: Concerning collective bargaining by state ferry employees. Reported by Committee on Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Poulsen, Vice Chair; Benson, Berkey, Esser, Finkbeiner, Mulliken, Oke, Sheldon, Spanel and Weinstein
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 3185 Prime Sponsor, Committee on Commerce & Labor: Concerning violations of wage payment requirements. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Brown, Honeyford, Keiser, Parlette and Prentice
Passed to Committee on Rules for second reading.
February 23, 2006
EHB 3192 Prime Sponsor, Sullivan, B.: Authorizing a contract extension for reimbursement by property owners for street, road, and water or sewer projects. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Fairley, Haugen, Kline, McCaslin, Pridemore and Roach
Passed to Committee on Rules for second reading.
February 22, 2006
SHB 3238 Prime Sponsor, Committee on Criminal Justice & Corrections: Prohibiting the distribution of false sex offender notifications. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Hargrove, Rasmussen and Thibaudeau
MINORITY recommendation: Do not pass. Signed by Senators Carrell, Esser, Johnson and McCaslin
Passed to Committee on Rules for second reading.
February 23, 2006
HB 3252 Prime Sponsor, O'Brien: Prohibiting offenders who enter Alford pleas from receiving a special sex offender sentencing alternative. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson and McCaslin
Passed to Committee on Rules for second reading.
February 22, 2006
HB 3258 Prime Sponsor, Morris: Concerning mileage fees for diesel. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Poulsen, Vice Chair; Benson, Berkey, Esser, Finkbeiner, Mulliken, Oke, Sheldon, Spanel and Weinstein
Passed to Committee on Rules for second reading.
February 23, 2006
EHB 3261 Prime Sponsor, O'Brien: Strengthening the review process by the indeterminate sentence review board. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson, McCaslin, Rasmussen and Thibaudeau
Passed to Committee on Ways & Means.
February 23, 2006
HB 3275 Prime Sponsor, Hinkle: Regarding expedited processing for small water impoundments. Reported by Committee on Water, Energy & Environment
MAJORITY recommendation: Do pass as amended. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Fraser, Pridemore and Regala
MINORITY recommendation: Do not pass. Signed by Senators Delvin, Honeyford, Morton and Mulliken
Passed to Committee on Rules for second reading.
February 23, 2006
EHB 3278 Prime Sponsor, Conway: Making adjustments to the unemployment insurance system. (REVISED FOR ENGROSSED: Extending the deadline for the report by the joint legislative task force on unemployment insurance benefit equity.) Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Keiser, Parlette and Prentice
MINORITY recommendation: Without recommendation. Signed by Senator Honeyford
Passed to Committee on Rules for second reading.
February 23, 2006
HB 3285 Prime Sponsor, Conway: Raising the exemption for charitable or nonprofit bingo organizations from the gambling tax on bingo and amusement games. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Honeyford, Keiser and Parlette
Passed to Committee on Rules for second reading.
February 22, 2006
HJR 4202 Prime Sponsor, Simpson: Authorizing investment of hospital district funds. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Kline, Mulliken, Pridemore and Roach
Passed to Committee on Rules for second reading.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
February 23, 2006
SGA 9335 PEGGY BIERBAUM, reappointed August 25, 2005, for the term ending June 30, 2011, as Member of the Gambling Commission. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Honeyford, Keiser and Parlette
Passed to Committee on Rules for second reading.
February 23, 2006
SGA 9345 CALHOUN DICKINSON, reappointed June 6, 2005, for the term ending June 17, 2011, as Member of the Industrial Insurance Appeals Board. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Keiser, Parlette and Prentice
Passed to Committee on Rules for second reading.
February 23, 2006
SGA 9351 WILLIAM HANSON, appointed June 6, 2005, for the term ending July 2, 2010, as Member of the Lottery Commission. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Keiser, Parlette and Prentice
Passed to Committee on Rules for second reading.
February 23, 2006
SGA 9370 BUSSE NUTLEY, reappointed July 26, 2005, for the term ending July 31, 2006, as Member of the Personnel Appeals Board. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Keiser, Parlette and Prentice
Passed to Committee on Rules for second reading.
February 23, 2006
SGA 9375 MARILYN SAYAN, reappointed September 14, 2005, for the term ending September 8, 2011, as a Chair of the Public Employment Relations Commission. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Keiser, Parlette and Prentice
Passed to Committee on Rules for second reading.
February 23, 2006
SGA 9376 ROBERT SCARBROUGH, reappointed August 3, 2005, for the term ending August 2, 2011, as Member of the Lottery Commission. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Keiser, Parlette and Prentice
Passed to Committee on Rules for second reading.
February 23, 2006
SGA 9381 CAROL SMITH-MERKULOV, appointed July 17, 2005, for the term ending January 17, 2009, as Member of the Horse Racing Commission. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Keiser, Parlette and Prentice
Passed to Committee on Rules for second reading.
February 23, 2006
SGA 9406 PAUL P. GEORGE, appointed January 9, 2006, for the term ending January 17, 2007, as Member of the Horse Racing Commission. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Brown, Keiser, Parlette and Prentice
Passed to Committee on Rules for second reading.
MOTION
On motion of Eide, all measures listed on the Standing Committee report were referred to the committees as designated with the exception of Second Substitute House Bill No. 1359, Fourth Substitute House Bill No. 1483 and Engrossed House Bill No. 3261 which were referred to the Committee on Ways & Means.
MOTION
On motion of Senator Eide, the Senate advanced to the eighth order of business.
MOTION
Senator Rasmussen moved adoption of the following resolution:
SENATE RESOLUTION
8722
By Senator Rasmussen
WHEREAS, The Washington State Legislature values and encourages excellence in all fields of endeavor; and
WHEREAS, Participation in athletics inspires students to develop attitudes and skills necessary for scholastic and life success, such as perseverance, teamwork, loyalty, and sportsmanship; and
WHEREAS, The Eatonville High School Girls Soccer Team is the 2005-2006 Class 2A Girls Soccer Champion; and
WHEREAS, The Cruisers have distinguished themselves and brought honor to their school by winning their first-ever state title; and
WHEREAS, The entire team of the 2005 Eatonville Girls Soccer Team had an accumulated GPA of 3.58, and would finish their high school careers with 107 wins, 27 losses, and 6 ties; and
WHEREAS, The 2005 Eatonville Girls Soccer Team was selected by the Pierce County Soccer Referees Association as the Sportsmanship Team of the Year, with individual players winning such distinguished awards as Player of the Area, MVP of the Nisqually League, MVP of the 2A State Girls League, and NSCAA/Adidas All-American; and
WHEREAS, Under the coaching and supervision of Rollie Arthur, the team finished the season undefeated; and
WHEREAS, The Cruisers achieved their preseason goal of winning the state championship through a team effort where every player contributed; and
WHEREAS, This team has deservedly, and through dedication, commitment, and sacrifice, achieved the title of Washington State Class 2A Girls Soccer Champion;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the State of Washington recognize and honor the Eatonville Girls Soccer Team and Coach Rollie Arthur for their accomplishments and hard work; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Coach Rollie Arthur, the members of Eatonville High School Girls Soccer Team, and the principal and faculty of Eatonville High School.
Senators Rasmussen, Regala, Jacobsen and Shin spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8722.
The motion by Senator Rasmussen carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the Eatonville High School Girls Soccer team and their friends and family who were seated in the gallery.
MOTION
On motion of Senator Eide, the Senate reverted to the sixth order of business.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the points of order and inquiry raised by Senator Benton, the President finds and rules as follows:
All of the inquiries arise from a situation where a standing committee of the Senate began a meeting prior to a full floor Session of this body, and continued into the start of Session.
First, a question was raised as to whether or not Senator Brown’s motion to invoke Rule 46 to allow a committee to meet during Session was timely. The President finds that it was, because the first and only opportunity for any member to seek this leave is during Session itself. So long as leave is sought and granted during the Session at which same time a committee is meeting, the meeting is appropriate.
Second, a question was raised as to how many votes are necessary to grant such leave under Rule 46. Although Senator Brown initially stated her motion as a suspension of the rules—which would take a 2/3 vote—this is truly a motion to ask for leave as Rule 46 provides, not a suspension of the rules. As such, it takes a simple majority of those present.
Third, Senator Benton has raised an issue as to whether or not the committee has properly complied with notice requirements set forth in Rule 45. The President has long ruled that the committees are the keepers of their own parliamentary matters, and the President will defer to parliamentary decisions made in committee unless and until an appeal from such a committee decision is proper on the Floor. For this reason, the President believes that Senator Benton may raise such a point depending on the ultimate action of the committee reported to the full Floor for action, but that it is not timely now.”
PARLIAMENTARY INQUIRY
Senator Brown: “Is it necessary to go forward with the motion to ask for leave?”
REPLY BY THE PRESIDENT
President Owen: “The President believes that since the motion was made while a committee was meeting that it is appropriate that we go through and grant that leave.”
The President declared the question before the Senate to be the motion by Senator Brown to suspend Senate Rules 46 to allow the committee to meet while the senate is in session..
PARLIAMENTARY INQUIRY
Senator Benton: “It is my understanding that a roll call has been demanded and sustained, it that correct.”
REPLY BY THE PRESIDENT
President Owen: “That is correct.”
PARLIAMENTARY INQUIRY
Senator Benton: “Is debate allowed on the motion?”
REPLY BY THE PRESIDENT
Senator Benton spoke against the motion.
POINT OF ORDER
Senator Brown: “I believe the Senator should be speaking to the motion.”
REPLY BY THE PRESIDENT
President Owen: “That is correct. Senator Benton.”
Senator Benton spoke against the motion.
Senator Brown spoke for the motion.
Senator Pflug spoke against the motion.
POINT OF ORDER
Senator Brown: “Mr. President, I would ask that the senator speak to the motion. The motion is not about whether or not a committee was properly meeting. The motion is about the senate giving leave to the committee to finish its duties.”
REPLY BY THE PRESIDENT
President Owen: “Senator Pflug, Senator Brown's point is well taken. Please speak to the motion at hand which is to suspend the rule to allow that committee to meet. Senator Pflug.”
MOTION
Senator Eide demanded that the previous question be put.
The President declared that at least two additional senators joined the demand and the demand was sustained.
The President declared the question before the Senate to be the motion of Senator Eide, “Shall the main question be now put?”
The motion by Senator Eide that the previous question be put was sustained by voice vote.
MOTION
On motion of Senator Mulliken, Senators Johnson, Schmidt and Carrell were excused.
The President declared the question before the Senate to be the motion by Senator Brown to suspend Senate Rule 46 to allow the committee to meet while the senate is in session.
The Secretary called the roll on the motion by Senator Brown and the motion carried by the following vote: Yeas, 27; Nays, 19; Absent, 0; Excused, 3.
Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Sheldon, Shin, Spanel, Thibaudeau and Weinstein - 27.
Voting nay: Senators Benson, Benton, Brandland, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schoesler, Stevens, Swecker and Zarelli - 19.
Excused: Senators Carrell, Johnson and Schmidt - 3.
Senator Eide: “We will have an Education meeting immediately following this session. When we get off the floor today we will immediately go to Education to address the very bill that we did this morning. We believe we will properly before you but while everyone’s on the floor right after session today because we believe the simple majority is that important for our children of Washington State, we will conduct a second meeting immediately leaving this floor.”
PERSONAL PRIVILEGE
Senator Pflug: “I would just like to make a comment. I’m a little confused as to why we just went through that whole motion and I would just like to encourage by the body."
POINT OF ORDER
Senator Weinstein: “I believe that’s not a point of personal privilege that Senator Pflug is now saying.”
REPLY BY THE PRESIDENT
President Owen: “Senator Weinstein, the President has given some discretion in that area. I believe that the matter about points of personal privileges is a matter that affects you personally and that you wish to share with the body but we’re going to put some arms around this. Senator Pflug.”
PERSONAL PRIVILEGE
Senator Pflug: “Thank you Mr. President. I just want to encourage the body to remember that we are entering the last ten days of the session and this is a time when things get a little tense and it’s a time when making a special effort to respect each other and to work collaboratively is really important I think. We have been, on this side of the aisle, more than happy to address the issue that the committee had inadvertently missed and are willing to go to whatever length the chair chooses to have a proper meeting. So, I’m just, would like to see us not do things that you know have a tendency to create hard feelings and perhaps set precedence that will come back to hurt us later on. Thank you, Mr. President, for that moment of personal privilege.”
POINT OF ORDER
Senator McAuliffe: “Thank you Mr. President. I rise to give notice to the Senate that the Senate Education committee will convene in the Rules Room immediately following this session. The public will be notified so we will be doing all the proper, take all the proper steps, to make sure that your concerns are addressed.”
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Kohl-Welles moved that Gubernatorial Appointment No. 9387, Gary Weeks, as Director of the Department of Labor and Industries, be confirmed.
Senators Kohl-Welles, Parlette and Rockefeller spoke in favor of passage of the motion.
APPOINTMENT OF GARY WEEKS
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9387, Gary Weeks as Director of the Department of Labor and Industries.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9387, Gary Weeks as Director of the Department of Labor and Industries and the appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46
Absent: Senator Fairley - 1
Excused: Senators Johnson and Schmidt - 2
Gubernatorial Appointment No. 9387, Gary Weeks, having received the constitutional majority was declared confirmed as Director of the Department of Labor and Industries.
MOTION
At 10:55 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 11:38 a.m. by President Owen.
MOTION
On motion of Senator Eide, the Senate reverted to the third order of business.
GUBERNATORIAL APPOINTMENTS
February 24, 2006
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
MARY JEAN RYAN, appointed January 30, 2006, for the term ending January 30, 2010, as Member of the State Board of Education.
Sincerely,
CHRISTINE O. GREGOIRE, Governor
Referred to Committee on Early Learning, K-12 & Higher Education.
MOTION
On motion of Senator Eide, the appointee listed on the Gubernatorial Appointment report was referred to the committee as designated.
MOTION
On motion of Senator Eide, the Senate advanced to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2333, by House Committee on Appropriations (originally sponsored by Representatives Green, Haler, Conway, Curtis, Fromhold, McDonald, Walsh, Strow, Sells, Campbell, Miloscia, Roach, P. Sullivan, Morrell, McDermott, Serben, Darneille, Appleton, Williams, Chase, Moeller, Hasegawa, Rodne, Linville, Santos, Springer, Wallace, Kenney, Cody, Ericksen, O'Brien, Wood, B. Sullivan, Simpson, Ericks, Ormsby and McCune)
Providing parity for home care agency workers.
The measure was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 2333 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Prentice, Zarelli, Esser and Benton spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2333.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2333 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46
Absent: Senator McCaslin - 1
Excused: Senators Johnson and Schmidt - 2
SUBSTITUTE HOUSE BILL NO. 2333, 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
HOUSE BILL NO. 2364, by Representatives Santos, Orcutt, McIntire, Hunter, Armstrong, Morrell, Roach, Kenney, Fromhold, Ericks and McDermott
Creating a use tax exemption when converting or merging a federal, foreign, or out-of-state credit union into a state charter.
The measure was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, House Bill No. 2364 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Prentice, Benton and Benson spoke in favor of passage of the bill.
MOTION
On motion of Senator Mulliken, Senator McCaslin was excused.
The President declared the question before the Senate to be the final passage of House Bill No. 2364.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2364 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47
Excused: Senators Johnson and Schmidt - 2
HOUSE BILL NO. 2364, 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
SUBSTITUTE HOUSE BILL NO. 2976, by House Committee on Appropriations (originally sponsored by Representatives Sommers, Hasegawa, Linville, P. Sullivan, Quall, Kenney and Conway)
Implementing a collective bargaining agreement with Western Washington University.
The measure was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 2976 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Prentice and Spanel spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2976.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2976 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47
Excused: Senators Johnson and Schmidt - 2
SUBSTITUTE HOUSE BILL NO. 2976, 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. 6175, by Senator Jacobsen
Concerning the regulation of surface mining.
MOTION
On motion of Senator Hargrove, Second Substitute Senate Bill No. 6175 was substituted for Senate Bill No. 6175 and the second substitute bill was placed on the second reading and read the second time.
MOTION
Senator Hargrove moved that the following striking amendment by Senators Hargrove, Doumit and Morton be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 78.44.085 and 2001 1st sp.s. c 5 s 1 are each amended to read as follows:
(1) An applicant for an expansion of the originally permitted area or a new reclamation permit, or for combining a public or private reclamation permit, shall pay a nonrefundable application fee to the department before being granted ((a surface mining)) the requested permit. The amount of the application fee shall be ((one)) two thousand five hundred dollars.
(2) Permit holders submitting a revision to an application for an existing reclamation plan that is not an expansion shall pay a nonrefundable reclamation plan revision fee of one thousand dollars.
(3) After June 30, ((2001)) 2006, each public or private permit holder shall pay an annual permit fee ((of one thousand dollars)). The annual permit fee shall be payable to the department prior to the reclamation permit being issued and on the ((first)) anniversary of the permit date ((and)) each year thereafter. Annual fees paid by a county for mines used exclusively for public works projects and having less than seven acres of disturbed area per mine shall not exceed one thousand dollars. Annual fees are waived for all mines used primarily for public works projects if the mines are owned and primarily operated by counties with 1993 populations of less than twenty thousand persons, and if each mine has less than seven acres of disturbed area.
(((3))) (4) Each public or private permit holder must pay an annual fee based on the categories of aggregate or mineral mined or extracted during the previous twelve months, as follows:
(a) Zero to fifty thousand tons: A fee of one thousand two hundred fifty dollars;
(b) Fifty-one thousand tons to three hundred fifty thousand tons: A fee of two thousand five hundred dollars;
(c) More than three hundred fifty-one thousand tons: A fee of three thousand five hundred dollars.
(5) At the end of each fiscal biennium, any residual moneys from the fees charged under this section for the administration and enforcement of the regulation of surface mining under this chapter must be used by the department for the surveying and mapping of sand and gravel sites in the state.
(6) Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to the department are confidential.
(7) Appeals from any determination of the department shall not stay the requirement to pay any annual permit fee. Failure to pay the annual fees may constitute grounds for an order to suspend surface mining, fines, or cancellation of the reclamation permit as provided in this chapter.
(((4))) (8) All fees collected by the department shall be deposited into the surface mining reclamation account.
(((5))) (9) If the department delegates enforcement responsibilities to a county, city, or town, the department may allocate funds collected under this section to the county, city, or town.
(((6))) (10) Within sixty days after receipt of a new or expanded permit application, the department shall advise applicants of any information necessary to successfully complete the application.
(11) In addition to other enforcement authority, the department may refer matters to a collection agency when permit fees or fines are past due. The collection agency may impose its own fees for collecting delinquent permit fees or fines.
(12) Annual permit fees for surface mines that are regulated by the department under chapter 78.56 RCW, the metals mining and milling operations, are subject to chapter 78.56 RCW and the estimates of the annual fee by the department. The department of ecology shall transfer the appropriate annual fees collected under RCW 78.56.080 to the department for deposit directly to the surface mining reclamation account.
Sec. 2. RCW 78.44.087 and 1997 c 186 s 1 are each amended to read as follows:
(1) The department should ensure that sufficient funds are available to reclaim the surface mine. The department shall not issue a reclamation permit until the applicant has deposited with the department an acceptable performance security on forms prescribed ((and furnished)) by the department, and that is adequate to cover reclamation costs. A public or governmental agency shall not be required to post performance security. No person may create a disturbed area that meets or exceeds the minimum threshold for a reclamation permit without first submitting an adequate and acceptable performance security to the department and complying with all requirements of this chapter.
(2) ((This performance security may be)) The department may refuse to accept any performance security that the department for any reason deems to be inadequate to cover reclamation costs or not in an acceptable form.
(3) Acceptable forms of performance security are:
(a) Bank letters of credit acceptable to the department or irrevocable bank letters of credit from a bank or financial institution or organization authorized to transact business in the United States;
(b) A cash deposit;
(c) ((Negotiable)) Other forms of performance securities acceptable to the department as determined by rule;
(d) An assignment of a savings account;
(e) A savings certificate in a Washington bank on an assignment form prescribed by the department;
(f) ((Assignments of interests in real property within the state of Washington)) Approved participants in a state security pool if one is established; or
(g) A corporate surety bond executed in favor of the department by a corporation authorized to do business in the state of Washington under Title 48 RCW and authorized by the department.
(((3))) (4) The performance security shall be conditioned upon the faithful performance of the requirements set forth in this chapter ((and of)), the rules adopted under it, and the reclamation permit.
(((4))) (5)(a) The department ((shall have the authority to determine the amount of the performance security using a standardized performance security formula developed by the department. The amount of the security shall be determined by the department and based on the estimated costs of completing reclamation according to the approved reclamation plan or minimum standards and related administrative overhead for the area to be surface mined during (a) the next twelve-month period, (b) the following twenty-four months, and (c) any previously disturbed areas on which the reclamation has not been satisfactorily completed and approved)) must determine the amount of the performance security as prescribed by this subsection.
(b) The department may determine the amount of the performance security based on the estimated cost of: (i) Completing reclamation according to the requirements of this chapter; or (ii) the reclamation permit for the area to be surface mined during the upcoming thirty-six months and any previously disturbed areas that have not been reclaimed.
(c) The department may determine the amount of the performance security based on an engineering cost estimate for reclamation that is provided by the permit holder. The engineering cost estimate must be prepared using engineering principles and methods that are acceptable to the department. If the department does not approve the engineering cost estimate, the department shall determine the amount of the performance security using a standardized performance security formula developed by the department by rule.
(((5))) (6) The department may ((increase or decrease the amount of the performance security at any time to compensate for a change in the disturbed area, the depth of excavation, a modification of the reclamation plan, or any other alteration in the conditions of the mine that affects the cost of reclamation. The department may, for any reason, refuse any performance security not deemed adequate)) recalculate a surface mine's performance security based on subsection (5) of this section. When the department recalculates a performance security, the new calculation will not be prejudiced by the existence of any previous calculation. A new performance security must be submitted to the department within thirty days of the department's written request.
(((6))) (7) Liability under the performance security and the permit holder's obligation to maintain the calculated performance security amount shall be maintained until ((reclamation is completed according to the approved reclamation plan to the satisfaction of the department)) the surface mine is reclaimed, unless released as hereinafter provided. Partial drawings will proportionately reduce the value of a performance security but will not extinguish the remaining value. Liability under the performance security may be released only ((upon written notification by the department. Notification shall be given upon completion of compliance or acceptance by the department of a substitute performance security)) when the surface mine is reclaimed as evidenced by the department in writing or after the department receives and approves a substitute performance security. The department will notify the permit holder, and surety if applicable, when reclamation is accepted by the department as complete or upon the department's acceptance of an alternate security. The liability of the surety shall not exceed the amount of security required by this section and the department's reasonable legal fees to recover the security.
(((7))) (8) Any interest or appreciation on the performance security shall be held by the department until ((reclamation is completed to its satisfaction. At such time, the interest shall be remitted to the permit holder; except that such interest or appreciation may be used by the department to effect reclamation in the event that the permit holder fails to comply with the provisions of this chapter and the costs of reclamation exceed the face value of the performance security)) the surface mine is reclaimed. The department may collect and use appreciation or interest accrued on a performance security to the same extent as for the underlying performance security. If the permit holder meets its obligations under this chapter, rules adopted under this chapter, and its approved reclamation permit and plan by completing reclamation, the department will return any unused performance security and accrued interest or appreciation.
(((8))) (9) No other state agency or local government other than the department shall require performance security for the purposes of surface mine reclamation. The department may enter into written agreements with federal agencies in order to avoid redundant bonding of any surface ((mines straddling boundaries between federally controlled and other lands within)) mine that is located on both federal and nonfederal lands in Washington state. Nothing in this section prohibits a state agency or local government from requiring a performance security when the state agency or local government is acting in its capacity as a landowner and contracting for extraction-related activities on state or local government property.
(((9) When acting in its capacity as a regulator, no other state agency or local government may require a surface mining operation regulated under this chapter to post performance security unless that state agency or local government has express statutory authority to do so. A state agency's or local government's general authority to protect the public health, safety, and welfare does not constitute express statutory authority to require a performance security. However, nothing in this section prohibits a state agency or local government from requiring a performance security when the state agency or local government is acting in its capacity as a landowner and contracting for extraction-related activities on state or local government property.))
NEW SECTION. Sec. 3. A new section is added to chapter 78.44 RCW to read as follows:
(1) A permit holder, in lieu of an individual performance security for each mining site, may file a blanket performance security with the department for their group of permits.
(2) The department may reduce the required performance security calculated from its standard method, to an amount not to exceed the sum of reclamation security calculated by the department for the two surface mines with the largest performance security obligations, for nonmetal and nonfuel surface mines that meet the following conditions:
(a) The permit holder has had a valid reclamation permit for more than ten years and can demonstrate exemplary mining and reclamation practices that have been accepted by the department;
(b) The land owner agrees to allow the permit holder to hold a blanket security. The department must include, on forms to be signed by the landowner, notice of the risk of a lien on the landowner's lands; and
(c) The permit holder can demonstrate substantial financial ability to perform the reclamation in the approved reclamation plan and permit.
(3) Permit holders are not eligible for blanket securities if they are in violation of a final order of the department.
(4) The department must consider the compliance history and the state of the existing surface mines of the permit holder before approving any blanket performance security.
(5) Lands covered by a blanket performance security are subject to a lien placed by the department in the event of abandonment.
(6) In lieu of the performance security required of the permit holder, the department may accept a similar security from the landowner, equal to the estimated cost of reclamation as determined by the department.
NEW SECTION. Sec. 4. A new section is added to chapter 78.44 RCW to read as follows:
(1) To the extent a performance security is insufficient to cover the cost of reclamation performed by the department, a lien shall be established in favor of the department upon all of the permit holder's real and personal property.
(2) The lien attaches upon the filing of a notice of claim of lien with the county clerk of the county in which the property is located. The notice of lien claim must contain a true statement of the demand, the insufficiency of the performance security to compensate the department, and the failure of the permit holder to perform the reclamation required.
(3) The lien becomes effective when filed.
(4) The lien created by this section may be foreclosed by a suit in the superior court in the manner provided by law for the foreclosure of other liens on real or personal property.
Sec. 5. RCW 42.56.270 and 2005 c 274 s 407 are each amended to read as follows:
The following financial, commercial, and proprietary information is exempt from disclosure under this chapter:
(1) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss;
(2) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (a) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (b) highway construction or improvement as required by RCW 47.28.070;
(3) Financial and commercial information and records supplied by private persons pertaining to export services provided under chapters 43.163 and 53.31 RCW, and by persons pertaining to export projects under RCW 43.23.035;
(4) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency;
(5) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW;
(6) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information;
(7) Financial and valuable trade information under RCW 51.36.120;
(8) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW;
(9) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010;
(10) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license;
(11) Proprietary data, trade secrets, or other information that relates to: (a) A vendor's unique methods of conducting business; (b) data unique to the product or services of the vendor; or (c) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011; ((and))
(12)(a) When supplied to and in the records of the department of community, trade, and economic development:
(i) Financial and proprietary information collected from any person and provided to the department of community, trade, and economic development pursuant to RCW 43.330.050(8) and 43.330.080(4); and
(ii) Financial or proprietary information collected from any person and provided to the department of community, trade, and economic development or the office of the governor in connection with the siting, recruitment, expansion, retention, or relocation of that person's business and until a siting decision is made, identifying information of any person supplying information under this subsection and the locations being considered for siting, relocation, or expansion of a business;
(b) When developed by the department of community, trade, and economic development based on information as described in (a)(i) of this subsection, any work product is not exempt from disclosure;
(c) For the purposes of this subsection, "siting decision" means the decision to acquire or not to acquire a site;
(d) If there is no written contact for a period of sixty days to the department of community, trade, and economic development from a person connected with siting, recruitment, expansion, retention, or relocation of that person's business, information described in (a)(ii) of this subsection will be available to the public under this chapter; and
(13) Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to the department of natural resources under RCW 78.44.085.
NEW SECTION. Sec. 6. Section 5 of this act takes effect July 1, 2006.
NEW SECTION. Sec. 7. The department of natural resources shall establish a surface mining advisory committee that will recommend effective methods of accomplishing reclamation and address other issues deemed appropriate by the committee for the effective administration of chapter 78.44 RCW. The committee is comprised of but not limited to representatives of mining interests, state and local government, environmental groups, and private landowners. The state geologist will select the members of the committee. The department of natural resources must submit a report to the legislature containing the committee's findings by September 1, 2006."
Senator Hargrove spoke in favor of adoption of the striking amendment.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove, Doumit and Morton to Second Substitute Senate Bill No. 6175.
The motion by Senator Hargrove carried and the striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 3 of the title, after "program;" strike the remainder of the title and insert "amending RCW 78.44.085, 78.44.087, and 42.56.270; adding new sections to chapter 78.44 RCW; creating a new section; and providing an effective date."
MOTION
On motion of Senator Hargrove, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6175 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Hargrove and Morton spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 6175.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6175 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47.
Excused: Senators Johnson and Schmidt - 2.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6175, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was order to stand as the title of the act.
SECOND READING
SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1291, by House Committee on Appropriations (originally sponsored by Representatives Cody, Bailey, Morrell, Hinkle, Green, Moeller, Kessler, Haigh, Linville, Kagi, Santos and Ormsby)
Improving patient safety practices. Revised for 2nd Substitute: Improving health care professional and health care facility patient safety practices.
The measure was read the second time.
MOTION
Senator Keiser moved that the following committee amendment by the Committee on Health & Long-Term Care be adopted.
On page 6, after line 10, insert the following:
"NEW SECTION. Sec. 10 The secretary of health shall
convene a task force to prepare a report for the legislature with
proposed guidelines and recommendations for staffing plans that
ensure qualified and competent nursing staff are available to
provide quality patient care and address how staffing issues can
be incorporated in the quality improvement process.
(1) In preparing its report and recommendations, the task force shall:
(a) Address what research-based factors should be included in
unit specific staffing plans in addition to: Patient acuity, census,
department geography, and sufficient nursing staff and staff skill
mix; (b) Evaluate how facility size, location, patient acuity, and
work force availability may influence staffing plans in a unit or facility;
(c) Evaluate how staffing plans relate to improved quality of
care as identified by authoritative sources and research, and the
relationship between staffing and quality improvement initiatives;
(d) Address the level of input from direct care providers
throughout the development and ongoing evaluation of the
staffing plan; (e) Analyze and suggest a method and frequency
by which the department shall be notified of each facility's
staffing plan;
(f) Recommend an approach for how the public can access
information about a facility staffing plan, and how the facility
will notify direct care providers of the staffing plan;
(g) Address how the department will monitor the
appropriateness of the facility's staffing plans, recommend a
mechanism for staff or other concerned parties to notify the
department, and evaluate the department's response to the
concerns about a facility's terms or implementation of its staffing
plan where patient care appears to have been compromised; and
(h) Address how staffing issues could best be incorporated into
the peer review or quality improvement process, with
consideration of:
(i) The methods for addressing staffing issues on a quality
improvement form; and
(ii) Staffing information in root cause analysis of adverse events
and incidents.
(2) The task force shall consist of sixteen members, who, aside
from the consumer, shall have health care experience or
substantive knowledge of the health care field, appointed by the
secretary of health;
(a) Seven representatives from nursing unions, to include at
least five registered nurses, four of whom are involved in direct
patient care;
(b) Two representatives from the two organizations representing
hospitals;
(c) Two registered nurses in managerial or executive roles, who
are representatives of an organization representing nurse executives;
(d) One consumer representative;
(e) The secretary of health or the secretary's designee;
(f) One chief executive officer or chief operating officer of a hospital;
(g) One human resources director or executive of a health care
facility who is a representative of an organization representing
health care human resources executives; and
(h) One representative of organizations representing long-term
care facilities.
(3) The task force shall issue its report to the legislature by
December 31, 2006. If the task force is not able to complete its
work by December 31, 2006, an interim report to the legislature
is due on that date, with the full report due no later than
September 1, 2007.
(4) Any administrative costs of the department of health shall
be funded from nursing license fee revenues from existing fees
deposited into the health professions account."
Senator Keiser spoke in favor of adoption of the committee
amendment.
MOTION
On motion of Senator Weinstein, Senator Haugen was excused.
The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on Health & Long-Term Care to Second Engrossed Second Substitute House Bill No. 1291.
The motion by Senator Keiser failed and the committee amendment was not adopted by voice vote.
MOTION
Senator Brandland moved that the following amendment by Senator Brandland be adopted.
On page 4, line 5, after "(1)", strike everything through "aside." on line 8, and insert "One percent of any attorney contingency fee as contracted with a prevailing plaintiff in any action for damages based upon injuries resulting from health care shall be deducted from the contingency fee as a patient safety set aside."
WITHDRAWAL OF AMENDMENT
On motion of Senator Brandland, the amendment by Senator Brandland on page 4, line 5 to Second Engrossed Second Substitute House Bill No. 1291 was withdrawn.
NOTICE OF RECONSIDERATION
Having voted on the prevailing side, Senator Keiser gave notice to move to immediately reconsider the vote by which the committee amendment by the Committee on Health & Long-Term Care to Second Engrossed Second Substitute House Bill No. 1291 failed to pass the Senate.
The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on Health & Long-Term Care to Second Engrossed Second Substitute House Bill No. 1291 on reconsideration.
The motion by Senator Keiser carried and the committee amendment was adopted by voice vote on reconsideration.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 4 of the title, after "creating" strike "a new section" and insert "new sections"
MOTION
On motion of Senator Keiser, the rules were suspended, Second Engrossed Second Substitute House Bill No. 1291 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the final passage of Second Engrossed Second Substitute House Bill No. 1291 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Engrossed Second Substitute House Bill No. 1291, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 30; Nays, 16; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Berkey, Brown, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Sheldon, Shin, Spanel, Thibaudeau and Weinstein - 30
Voting nay: Senators Benson, Brandland, Carrell, Deccio, Delvin, Esser, Hewitt, Honeyford, Morton, Mulliken, Parlette, Pflug, Schoesler, Stevens, Swecker and Zarelli - 16
Excused: Senators Haugen, Johnson and Schmidt - 3
SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1291, as amended by the Senate, 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 12:14 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.
EVENING SESSION
The Senate was called to order at 5:41 p.m. by Senator Spanel.
MOTION
On motion of Senator Fraser, the Senate reverted to the first order of business.
SUPPLEMENTALREPORTS OF STANDING COMMITTEES
February 23, 2006
ESHB 1010 Prime Sponsor, Committee on Technology, Energy & Communications: Concerning energy efficiency and renewable energy standards. Revised for 1st Substitute: Concerning energy efficiency and renewable energy standards. (REVISED FOR PASSED LEGISLATURE: Concerning electric utility planning.) Reported by Committee on Water, Energy & Environment
MAJORITY recommendation: Do pass as amended. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Delvin, Fraser, Honeyford, Morton, Mulliken, Pridemore and Regala
Passed to Committee on Rules for second reading.
February 23, 2006
E2SHB 1071 Prime Sponsor, Committee on Appropriations: Concerning the uniform disciplinary act for health professions. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Franklin, Kastama, Kline, Parlette and Poulsen
MINORITY recommendation: Without recommendation. Signed by Senator Benson
Passed to Committee on Ways & Means.
February 23, 2006
3SHB 1226 Prime Sponsor, Committee on Appropriations: Adjusting application of campaign contribution limits. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass as amended. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Fairley, Haugen, Kline and Pridemore
MINORITY recommendation: Do not pass. Signed by Senators Benton, McCaslin, Mulliken and Roach
Passed to Committee on Rules for second reading.
February 23, 2006
EHB 1383 Prime Sponsor, Condotta: Requiring the public employees' benefits board to develop a health savings account option for employees. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Benson, Brandland, Deccio, Franklin, Kastama, Kline and Parlette
Passed to Committee on Ways & Means.
February 22, 2006
2SHB 1384 Prime Sponsor, Committee on Technology, Energy & Communications: Authorizing the construction and operation of renewable energy projects by joint operating agencies. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Fairley, Haugen, McCaslin, Mulliken, Pridemore and Roach
MINORITY recommendation: Without recommendation. Signed by Senators Benton and Kline
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 1504 Prime Sponsor, Committee on Transportation: Adjusting notice of abandoned vehicle auctions. Revised for 1st Substitute: Changing abandoned vehicle auction notice requirements. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Poulsen, Vice Chair; Benson, Benton, Berkey, Eide, Esser, Finkbeiner, Kastama, Mulliken, Oke, Sheldon, Spanel, Swecker and Weinstein
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 1944 Prime Sponsor, Committee on Commerce & Labor: Allowing raffles conducted by state employees. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass as amended. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Keiser, Hewitt, Parlette and Prentice
MINORITY recommendation: Do not pass. Signed by Senator Honeyford
Passed to Committee on Rules for second reading.
February 20, 2006
HB 1964 Prime Sponsor, Walsh: Designating the Walla Walla sweet onion as the official Washington state vegetable. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass as amended. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Fairley, Kline, Pridemore and Roach
Passed to Committee on Rules for second reading.
February 23, 2006
2SHB 2002 Prime Sponsor, Committee on Appropriations: Authorizing limited continuing foster care and support services up to age twenty-one. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass as amended. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland, Carrell, McAuliffe, Stevens and Thibaudeau
Passed to Committee on Ways & Means.
February 24, 2006
SHB 2233 Prime Sponsor, Committee on Higher Education & Workforce Education: Mandating that a percentage of tuition waivers be granted to veterans. Revised for 1st Substitute: Mandating that a percentage of tuition waivers go to veterans. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass as amended. Signed by Senators McAuliffe, Chair; Weinstein, Vice Chair, Early Learning & K-12; Benton, Berkey, Carrell, Delvin, Eide, Kohl-Welles, Pflug, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin
MINORITY recommendation: Do not pass. Signed by Senator Pridemore, Vice Chair, Higher Education
Passed to Committee on Rules for second reading.
February 23, 2006
HB 2331 Prime Sponsor, Blake: Concerning public disclosure requirements for sensitive fish and wildlife data. Reported by Committee on Natural Resources, Ocean & Recreation
MAJORITY recommendation: Do pass as amended. Signed by Senators Jacobsen, Chair; Doumit, Vice Chair; Fraser, Hargrove, Morton, Oke, Spanel, Stevens and Swecker
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2345 Prime Sponsor, Committee on Local Government: Addressing regional fire protection service authorities. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass as amended. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, McCaslin, Mulliken, Pridemore and Roach
Passed to Committee on Rules for second reading.
February 23, 2006
HB 2381 Prime Sponsor, Kretz: Authorizing a beaver relocation permit. Reported by Committee on Natural Resources, Ocean & Recreation
MAJORITY recommendation: Do pass as amended. Signed by Senators Jacobsen, Chair; Doumit, Vice Chair; Fraser, Hargrove, Morton, Oke, Spanel, Stevens and Swecker
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2384 Prime Sponsor, Committee on Natural Resources, Ecology & Parks: Concerning the state geological survey. Reported by Committee on Natural Resources, Ocean & Recreation
MAJORITY recommendation: Do pass as amended. Signed by Senators Jacobsen, Chair; Doumit, Vice Chair; Fraser, Hargrove, Morton, Oke, Spanel, Stevens and Swecker
Passed to Committee on Ways & Means.
February 23, 2006
HB 2398 Prime Sponsor, Cody: Expanding participation in state purchased health care programs. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Franklin, Kastama, Kline and Poulsen
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2404 Prime Sponsor, Committee on Health Care: Regulating retainer health care practices. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Franklin, Kastama, Kline and Poulsen
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2407 Prime Sponsor, Committee on Criminal Justice & Corrections: Revising provisions relating to electronic monitoring of sex offenders. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass as amended. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland, Carrell, McAuliffe, Stevens and Thibaudeau
Passed to Committee on Ways & Means.
February 23, 2006
HB 2409 Prime Sponsor, O'Brien: Changing the provisions relating to sex and kidnapping offender registration. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass as amended. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland, Carrell, McAuliffe, Stevens and Thibaudeau
Passed to Committee on Rules for second reading.
February 24, 2006
SHB 2414 Prime Sponsor, Committee on Education: Regarding Washington's academic assessment system. Revised for 1st Substitute: Regarding local control and flexibility in the state assessment system. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Weinstein, Vice Chair, Early Learning & K-12; Benton, Berkey, Carrell, Delvin, Eide, Kohl-Welles, Pflug, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin
Passed to Committee on Rules for second reading.
February 24, 2006
SHB 2416 Prime Sponsor, Committee on Natural Resources, Ecology & Parks: Establishing an optional state parks vehicle registration fee. Revised for 1st Substitute: Concerning state park fees. Reported by Committee on Natural Resources, Ocean & Recreation
MAJORITY recommendation: Do pass. Signed by Senators Doumit, Vice Chair; Fraser, Hargrove, Morton and Spanel
MINORITY recommendation: Do not pass. Signed by Senators Jacobsen, Chair and Swecker
Passed to Committee on Ways & Means.
February 23, 2006
SHB 2431 Prime Sponsor, Committee on Appropriations: Requiring background checks on persons licensed as health care professionals. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Benson, Brandland, Deccio, Franklin, Kastama, Kline, Parlette and Poulsen
Passed to Committee on Rules for second reading.
February 22, 2006
SHB 2452 Prime Sponsor, Committee on Judiciary: Protecting the news media from being compelled to testify in legal proceedings. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended. Signed by Senators Kline, Chair; Esser, Hargrove, Johnson, Rasmussen and Thibaudeau
MINORITY recommendation: Do not pass. Signed by Senators Weinstein, Vice Chair; Carrell and McCaslin
Passed to Committee on Rules for second reading.
February 24, 2006
E2SHB 2489 Prime Sponsor, Committee on Appropriations: Assisting students to graduate from high school on time. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass as amended. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Weinstein, Vice Chair, Early Learning & K-12; Carrell, Delvin, Eide, Kohl-Welles, Pflug, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin
MINORITY recommendation: Without recommendation. Signed by Senators Benton and Berkey
Passed to Committee on Ways & Means.
February 23, 2006
HB 2501 Prime Sponsor, Schual-Berke: Regulating group health benefit plan coverage of mental health services. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Benson, Brandland, Deccio, Franklin, Kastama, Kline, Parlette and Poulsen
Passed to Committee on Rules for second reading.
February 24, 2006
ESHB 2507 Prime Sponsor, Committee on Higher Education & Workforce Education: Prohibiting false or misleading college degrees. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass as amended. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Weinstein, Vice Chair, Early Learning & K-12; Benton, Berkey, Carrell, Delvin, Eide, Kohl-Welles, Pflug, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin
Passed to Committee on Rules for second reading.
February 23, 2006
ESHB 2540 Prime Sponsor, Committee on Health Care: Revising provisions addressing access to individual health insurance coverage. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Benson, Brandland, Deccio, Franklin, Kastama, Kline, Parlette and Poulsen
Passed to Committee on Rules for second reading.
February 23, 2006
ESHB 2565 Prime Sponsor, Committee on Commerce & Labor: Modifying the worker training business and occupation tax credit. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass as amended. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Honeyford, Keiser and Parlette
Passed to Committee on Ways & Means.
February 23, 2006
SHB 2571 Prime Sponsor, Committee on Judiciary: Collecting health care services debt under the homestead exemption. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson, McCaslin, Rasmussen and Thibaudeau
Passed to Committee on Rules for second reading.
February 23, 2006
E2SHB 2572 Prime Sponsor, Committee on Appropriations: Establishing the small employer health insurance partnership program. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Franklin, Kastama, Kline and Poulsen
Passed to Committee on Ways & Means.
February 23, 2006
E2SHB 2574 Prime Sponsor, Committee on Appropriations: Regarding hospital charity care and debt collection. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Franklin, Kastama, Kline and Poulsen
MINORITY recommendations: Do not pass. Signed by Senators Brandland and Deccio. Without recommendation. Signed by Senator Parlette
Passed to Committee on Ways & Means.
February 23, 2006
E2SHB 2575 Prime Sponsor, Committee on Appropriations: Establishing a health technology assessment program. Revised for 2nd Substitute: Establishing a health technology assessment program. (REVISED FOR PASSED LEGISLATURE: (Establishing a health technology clinical committee.) Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Deccio, Franklin, Kastama and Kline
MINORITY recommendation: Without recommendation. Signed by Senator Parlette
Passed to Committee on Ways & Means.
February 24, 2006
EHB 2579 Prime Sponsor, Upthegrove: Requiring classroom-based civics assessments. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass as amended. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Pflug, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin
Passed to Committee on Rules for second reading.
February 24, 2006
E2SHB 2582 Prime Sponsor, Committee on Appropriations: Expanding high school completion programs. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Pflug, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin
Passed to Committee on Ways & Means.
February 23, 2006
SHB 2591 Prime Sponsor, Committee on Transportation: Providing an exemption from special fuel taxes for regional transit authorities. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Poulsen, Vice Chair; Benson, Benton, Berkey, Eide, Esser, Finkbeiner, Kastama, Mulliken, Oke, Sheldon, Spanel, Swecker and Weinstein
Passed to Committee on Rules for second reading.
February 24, 2006
HB 2597 Prime Sponsor, Kenney: Establishing additional requirements for private vocational schools. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass as amended. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Pflug, Rockefeller, Schmidt, Schoesler and Shin
MINORITY recommendation: Do not pass. Signed by Senator Benton
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2601 Prime Sponsor, Committee on Technology, Energy & Communications: Regarding state purchasing of information technology projects. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Benton, Fairley, Haugen, Kline, McCaslin, Mulliken, Pridemore and Roach
Passed to Committee on Rules for second reading.
February 23, 2006
HB 2612 Prime Sponsor, Kagi: Including failure to secure a load in the first degree as a compensable crime under the crime victims' compensation program. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland, Carrell, McAuliffe, Stevens and Thibaudeau
Passed to Committee on Ways & Means.
February 24, 2006
E2SHB 2630 Prime Sponsor, Committee on Appropriations: Creating the opportunity grant program. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass as amended. Signed by Senators McAuliffe, Chair; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Delvin, Eide, Kohl-Welles, Pflug, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin
Passed to Committee on Ways & Means.
February 23, 2006
HB 2632 Prime Sponsor, Darneille: Modifying human immunodeficiency virus insurance program provisions. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Franklin, Kastama, Kline and Poulsen
MINORITY recommendation: Do not pass. Signed by Senators Brandland, Deccio and Parlette
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2654 Prime Sponsor, Committee on Criminal Justice & Corrections: Prohibiting sex offender treatment by treatment providers who are sex offenders. Revised for 1st Substitute: Prohibiting certification of sex offenders as sex offender treatment providers. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Carrell, McAuliffe and Stevens
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2658 Prime Sponsor, Committee on Natural Resources, Ecology & Parks: Establishing a statewide ORV data base. Reported by Committee on Natural Resources, Ocean & Recreation
MAJORITY recommendation: Do pass as amended. Signed by Senators Jacobsen, Chair; Doumit, Vice Chair; Fraser, Hargrove, Morton, Oke, Spanel, Stevens and Swecker
Passed to Committee on Ways & Means.
February 23, 2006
SHB 2669 Prime Sponsor, Committee on Health Care: Licensing specialty hospitals. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Deccio, Franklin, Kastama and Kline
MINORITY recommendation: Without recommendation. Signed by Senators Brandland and Parlette
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2678 Prime Sponsor, Committee on Financial Institutions & Insurance: Reauthorizing the pollution liability insurance agency. Reported by Committee on Water, Energy & Environment
MAJORITY recommendation: Do pass as amended. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Delvin, Fraser, Honeyford, Morton, Mulliken, Pridemore and Regala
Passed to Committee on Ways & Means.
February 23, 2006
HB 2704 Prime Sponsor, O'Brien: Including organized retail theft in crime guidelines. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Hargrove, Rasmussen and Thibaudeau
MINORITY recommendation: Without recommendation. Signed by Senators Esser and Johnson
Passed to Committee on Rules for second reading.
February 23, 2006
HB 2710 Prime Sponsor, Buck: Clarifying the process for hydraulic permit appeals. Reported by Committee on Natural Resources, Ocean & Recreation
MAJORITY recommendation: Do pass as amended. Signed by Senators Jacobsen, Chair; Doumit, Vice Chair; Hargrove, Morton, Oke, Spanel, Stevens and Swecker
Passed to Committee on Rules for second reading.
February 23, 2006
HB 2720 Prime Sponsor, Simpson: Revising provisions relating to water-sewer districts. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, McCaslin, Mulliken, Pridemore and Roach
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2733 Prime Sponsor, Committee on Education: Changing the requirements for information on high school transcripts. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass as amended. Signed by Senators McAuliffe, Chair; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Delvin, Eide, Rockefeller, Schmidt, Schoesler and Shin
MINORITY recommendation: Do not pass. Signed by Senator Pridemore, Vice Chair, Higher Education
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2749 Prime Sponsor, Committee on Natural Resources, Ecology & Parks: Concerning specialized forest products. Reported by Committee on Natural Resources, Ocean & Recreation
MAJORITY recommendation: Do pass as amended. Signed by Senators Jacobsen, Chair; Doumit, Vice Chair; Fraser, Hargrove, Morton, Oke, Spanel, Stevens and Swecker
Passed to Committee on Rules for second reading.
February 23, 2006
E2SHB 2785 Prime Sponsor, Committee on Appropriations: Authorizing alternative methods of assessment and appeal processes for the certificate of academic achievement. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass as amended. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Delvin, Eide, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin
Passed to Committee on Ways & Means.
February 23, 2006
SHB 2815 Prime Sponsor, Committee on Local Government: Clarifying the best available science requirements to protect critical areas. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass as amended. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Fairley, Haugen, Kline and Pridemore
MINORITY recommendation: Do not pass. Signed by Senators Benton, Mulliken and Roach
Passed to Committee on Ways & Means.
February 24, 2006
SHB 2817 Prime Sponsor, Committee on Higher Education & Workforce Education: Establishing technology priorities for institutions of higher education. Revised for 1st Substitute: Establishing a technology emphasis for institutions of higher education. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass as amended. Signed by Senators McAuliffe, Chair; Weinstein, Vice Chair, Early Learning & K-12; Benton, Berkey, Carrell, Delvin, Eide, Kohl-Welles, Pflug, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin
MINORITY recommendation: Do not pass. Signed by Senator Pridemore, Vice Chair, Higher Education
Passed to Committee on Rules for second reading.
February 23, 2006
ESHB 2884 Prime Sponsor, Committee on Economic Development, Agriculture & Trade: Concerning the use of reclaimed water. Reported by Committee on Water, Energy & Environment
MAJORITY recommendation: Do pass as amended. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Fraser, Pridemore and Regala
MINORITY recommendations: Do not pass. Signed by Senators Honeyford, Morton and Mulliken. Without recommendation. Signed by Senator Delvin
Passed to Committee on Ways & Means.
February 23, 2006
ESHB 2895 Prime Sponsor, Committee on Children & Family Services: Protecting vulnerable adults from exposure to methamphetamine manufacturing. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass as amended. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland, Carrell, McAuliffe, Stevens and Thibaudeau
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2898 Prime Sponsor, Committee on State Government Operations & Accountability: Regulating distribution of communications by state employees. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Kline, Pridemore and Roach
MINORITY recommendation: Without recommendation. Signed by Senator Mulliken
Passed to Committee on Rules for second reading.
February 22, 2006
SHB 2908 Prime Sponsor, Committee on Local Government: Modifying the boundary provision for Island county. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, Pridemore and Roach
Passed to Committee on Rules for second reading.
February 23, 2006
2SHB 2912 Prime Sponsor, Committee on Appropriations: Requiring that mental health professionals do private home visits in pairs and providing for other safety and violence prevention measures. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass as amended. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland, Carrell, McAuliffe, Stevens and Thibaudeau
Passed to Committee on Ways & Means.
February 23, 2006
E3SHB 2939 Prime Sponsor, Committee on Capital Budget: Establishing the energy freedom program. Reported by Committee on Water, Energy & Environment
MAJORITY recommendation: Do pass as amended. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Delvin, Fraser, Honeyford, Morton, Mulliken and Regala
Passed to Committee on Rules for second reading.
February 23, 2006
ESHB 2943 Prime Sponsor, Committee on Health Care: Modifying health care provider contract requirements. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Franklin, Kastama, Kline and Poulsen
Passed to Committee on Ways & Means.
February 23, 2006
SHB 2946 Prime Sponsor, Committee on Education: Regarding checks for employees of bureau of Indian affairs-funded schools. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Delvin, Eide, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin
Passed to Committee on Rules for second reading.
February 23, 2006
HB 2957 Prime Sponsor, Blake: Extending the expiration date for reporting requirements on timber purchases. Reported by Committee on Natural Resources, Ocean & Recreation
MAJORITY recommendation: Do pass. Signed by Senators Jacobsen, Chair; Doumit, Vice Chair; Fraser, Hargrove, Morton, Oke, Spanel, Stevens and Swecker
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2958 Prime Sponsor, Committee on Natural Resources, Ecology & Parks: Penalizing persons who violate rules concerning the use of nontoxic shot. Reported by Committee on Natural Resources, Ocean & Recreation
MAJORITY recommendation: Do pass. Signed by Senators Jacobsen, Chair; Doumit, Vice Chair; Fraser, Hargrove, Oke, Spanel and Swecker
MINORITY recommendation: Do not pass. Signed by Senators Morton and Stevens
Passed to Committee on Rules for second reading.
February 23, 2006
HB 2972 Prime Sponsor, Clibborn: Determining community rates for health benefit plans. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Brandland, Deccio, Franklin, Kastama, Kline, Parlette and Poulsen
Passed to Committee on Rules for second reading.
February 24, 2006
SHB 2973 Prime Sponsor, Committee on Education: Creating a career and technical high school graduation option for students meeting state standards in fundamental academic content areas. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass as amended. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Carrell, Eide, Kohl-Welles, Rasmussen, Rockefeller, Schmidt and Shin
MINORITY recommendations: Do not pass. Signed by Senators Benton, Delvin and Pflug. Without recommendation. Signed by Senator Schoesler
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2974 Prime Sponsor, Committee on Health Care: Modifying provisions with respect to disciplining health professions. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Benson, Brandland, Deccio, Franklin, Kastama, Kline, Parlette and Poulsen
Passed to Committee on Ways & Means.
February 23, 2006
SHB 2979 Prime Sponsor, Committee on Juvenile Justice & Family Law: Addressing cultural upbringing in parenting plans. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass. Signed by Senators Hargrove, Chair; Regala, Vice Chair; McAuliffe and Stevens
MINORITY recommendations: Do not pass. Signed by Senator Carrell. Without recommendation. Signed by Senator Brandland
Passed to Committee on Rules for second reading.
February 23, 2006
HB 2981 Prime Sponsor, Fromhold: Modifying commercial vehicle provisions. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Poulsen, Vice Chair; Benson, Benton, Berkey, Eide, Esser, Finkbeiner, Kastama, Mulliken, Oke, Sheldon, Spanel, Swecker and Weinstein
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 2985 Prime Sponsor, Committee on Children & Family Services: Creating a foster care health unit in the department of social and health services. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass as amended. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland, Carrell, McAuliffe, Stevens and Thibaudeau
Passed to Committee on Ways & Means.
February 23, 2006
HB 2991 Prime Sponsor, Darneille: Concerning background checks of metropolitan park district employees. (REVISED FOR PASSED LEGISLATURE: Concerning background checks of certain metropolitan park district employees, volunteers, and independent contractors.) Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, McCaslin, Mulliken and Roach
Passed to Committee on Rules for second reading.
February 23, 2006
ESHB 3079 Prime Sponsor, Committee on Appropriations: Reporting on the employment status of recipients of medicaid and the basic health plan. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Brandland, Deccio, Franklin, Kastama, Kline, Parlette and Poulsen
Passed to Committee on Ways & Means.
February 23, 2006
SHB 3082 Prime Sponsor, Committee on Judiciary: Changing provisions that govern municipal courts. Revised for 1st Substitute: Changing provisions that govern courts of limited jurisdiction. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Johnson, McCaslin, Rasmussen and Thibaudeau
Passed to Committee on Rules for second reading.
February 24, 2006
SHB 3087 Prime Sponsor, Committee on Higher Education & Workforce Education: Concerning cost savings on course materials for students at state universities, regional universities, and The Evergreen State College. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Berkey, Delvin, Eide, Kohl-Welles, Pflug, Rasmussen, Schmidt, Schoesler and Shin
MINORITY recommendation: Without recommendation. Signed by Senator Carrell
Passed to Committee on Rules for second reading.
February 23, 2006
HB 3106 Prime Sponsor, Kenney: Changing public works provisions for institutions of higher education. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass as amended. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Eide, Kohl-Welles, Rasmussen, Schoesler and Shin
MINORITY recommendation: Do not pass. Signed by Senators Rockefeller and Schmidt
Passed to Committee on Rules for second reading.
February 22, 2006
SHB 3109 Prime Sponsor, Committee on State Government Operations & Accountability: Addressing government performance and accountability. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Haugen, Kline, Mulliken and Roach
MINORITY recommendation: Do not pass. Signed by Senator Fairley
Passed to Committee on Ways & Means.
February 24, 2006
SHB 3113 Prime Sponsor, Committee on Higher Education & Workforce Education: Expanding access to higher education using the university center model. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Weinstein, Vice Chair, Early Learning & K-12; Benton, Berkey, Carrell, Delvin, Eide, Kohl-Welles, Pflug, Rasmussen, Rockefeller, Schmidt, Schoesler and Shin
Passed to Committee on Ways & Means.
February 23, 2006
2SHB 3115 Prime Sponsor, Committee on Appropriations: Establishing a foster parent critical support and retention program. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass as amended. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland, Carrell, McAuliffe, Stevens and Thibaudeau
Passed to Committee on Ways & Means.
February 23, 2006
HB 3122 Prime Sponsor, Kagi: Recognizing the safety of child protective, child welfare, and adult protective services workers. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass as amended. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland, Carrell, McAuliffe, Stevens and Thibaudeau
Passed to Committee on Rules for second reading.
February 24, 2006
ESHB 3127 Prime Sponsor, Committee on Appropriations: Regarding the center for the improvement of student learning. Revised for 1st Substitute: Regarding the center for the improvement of student learning. (REVISED FOR PASSED LEGISLATURE: Regarding the center for the improvement of student learning and the education ombudsman.) Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass as amended. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Weinstein, Vice Chair, Early Learning & K-12; Benton, Berkey, Carrell, Delvin, Eide, Kohl-Welles, Rasmussen, Rockefeller, Schmidt and Shin
MINORITY recommendation: Without recommendation. Signed by Senators Pflug and Schoesler
Passed to Committee on Ways & Means.
February 23, 2006
HB 3156 Prime Sponsor, Darneille: Creating a pilot program to assist low-income families. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass as amended. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland, Carrell, McAuliffe, Stevens and Thibaudeau
Passed to Committee on Rules for second reading.
February 23, 2006
SHB 3182 Prime Sponsor, Committee on Children & Family Services: Concerning tribal foster care licensing. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass as amended. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland, Carrell, McAuliffe and Thibaudeau
MINORITY recommendation: Without recommendation. Signed by Senator Stevens
Passed to Committee on Rules for second reading.
February 23, 2006
ESHB 3186 Prime Sponsor, Committee on Juvenile Justice & Family Law: Modifying disposition orders. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass as amended. Signed by Senators Hargrove, Chair; Brandland, Carrell, McAuliffe, Stevens and Thibaudeau
MINORITY recommendation: Without recommendation. Signed by Senator Regala, Vice Chair
Passed to Committee on Rules for second reading.
February 23, 2006
HB 3205 Prime Sponsor, O'Brien: Clarifying the authority to apprehend conditionally released persons. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland, Carrell, McAuliffe, Stevens and Thibaudeau
Passed to Committee on Rules for second reading.
February 23, 2006
HB 3237 Prime Sponsor, Hunter: Reviewing the funding and management of state aquatic lands. Reported by Committee on Natural Resources, Ocean & Recreation
MAJORITY recommendation: Do pass as amended. Signed by Senators Jacobsen, Chair; Doumit, Vice Chair; Fraser, Hargrove, Morton and Oke
MINORITY recommendation: Do not pass. Signed by Senators Stevens and Swecker
Passed to Committee on Ways & Means.
February 23, 2006
HB 3277 Prime Sponsor, O'Brien: Authorizing special verdicts for specified sex offenses against children and vulnerable adults. Reported by Committee on Human Services & Corrections
MAJORITY recommendation: Do pass as amended. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Brandland, Carrell, McAuliffe and Stevens
Passed to Committee on Ways & Means.
February 23, 2006
EHB 3310 Prime Sponsor, Bailey: Reviewing existing health care coverage statutory requirements. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Franklin, Kastama, Kline and Poulsen
MINORITY recommendation: Without recommendation. Signed by Senators Benson, Brandland, Deccio and Parlette
Passed to Committee on Rules for second reading.
February 23, 2006
HJM 4031 Prime Sponsor, Appleton: Preserving section 5 of the Marine Mammal Protection Act to protect Puget Sound. Reported by Committee on Natural Resources, Ocean & Recreation
MAJORITY recommendation: Do pass. Signed by Senators Jacobsen, Chair; Doumit, Vice Chair; Fraser, Hargrove, Morton, Oke, Spanel, Stevens and Swecker
Passed to Committee on Rules for second reading.
February 24, 2006
SHJR 4205 Prime Sponsor, Committee on Education: Amending the Constitution to provide for a simple majority of voters voting to authorize a school levy. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: Do pass. Signed by Senators McAuliffe, Chair; Pridemore, Vice Chair, Higher Education; Weinstein, Vice Chair, Early Learning & K-12; Berkey, Eide, Kohl-Welles, Pflug, Rasmussen, Rockefeller and Shin
Passed to Committee on Rules for second reading.
MOTION
On motion of Fraser, all measures listed on the Supplemental Standing Committee report were referred to the committees as designated with the exception of House Bill No. 2597 which was referred to the Committee on Rules, Substitute House Bill No. 2384, Substitute House Bill No. 2407, Engrossed Second Substitute House Bill No. 2489, House Bill No. 2612 and Substitute House Bill No. 2815 which were referred to the Committee on Ways & Means.
MOTION
At 5:43 p.m., on motion of Senator Fraser, the Senate adjourned until 10:00 a.m. Monday, February 27, 2006.
BRAD OWEN, President of the Senate
THOMAS HOEMANN, Secretary of the Senate
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MESSAGE FROM GOVERNOR
PRESIDENT OF THE SENATE
Intro Special Guest, Eatonville HS Girls Soccer Team
WASHINGTON STATE SENATE
Parliamentary Inquiry, Senator Benton
Parliamentary Inquiry, Senator Brown
Parliamentary Inquiry, Senator Eide
Personal Privilege, Senator Pflug
Point of Order, Senator Benton