TWENTY-THIRD DAY
NOON SESSION
Senate Chamber, Olympia, Tuesday, January 30, 2007
The Senate was called to order at 12:00 noon by President Pro Tempore. No roll call was taken.
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
January 29, 2007
SB 5033 Prime Sponsor, Prentice: Recognizing women's suffrage day. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Kline, Pridemore, Roach and Swecker
Passed to Committee on Rules for second reading.
January 29, 2007
SB 5054 Prime Sponsor, Kastama: Concerning limited emergency worker volunteer immunity. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: That Substitute Senate Bill No. 5054 be substituted therefor, and the substitute bill do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Kline, Pridemore, Roach and Swecker
Passed to Committee on Rules for second reading.
January 29, 2007
SB 5093 Prime Sponsor, Marr: Concerning access to health care services for children. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: That Substitute Senate Bill No. 5093 be substituted therefor, and the substitute bill do pass. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Fairley, Kastama, Kohl-Welles and Marr
MINORITY recommendation: Do not pass. Signed by Senators Parlette and Pflug. Without recommendation. Signed by Senator Carrell
Passed to Committee on Ways & Means.
January 29, 2007
SB 5122 Prime Sponsor, Rockefeller: Preserving regulatory assistance provisions. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: That Substitute Senate Bill No. 5122 be substituted therefor, and the substitute bill do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Kline, Pridemore, Roach and Swecker
Passed to Committee on Ways & Means.
January 29, 2007
SB 5149 Prime Sponsor, Pridemore: Modifying county treasurer administrative provisions. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Kline, Pridemore, Roach and Swecker
Passed to Committee on Rules for second reading.
January 29, 2007
SB 5223 Prime Sponsor, Keiser: Providing insurance coverage to dependent children. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: That Substitute Senate Bill No. 5223 be substituted therefor, and the substitute bill do pass. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Carrell, Fairley, Kastama, Kohl-Welles, Marr, Parlette and Pflug
Passed to Committee on Ways & Means.
January 29, 2007
SB 5285 Prime Sponsor, Keiser: Concerning residential services and support enforcement standards. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: That Substitute Senate Bill No. 5285 be substituted therefor, and the substitute bill do pass. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Carrell, Fairley, Kastama, Kohl-Welles, Marr, Parlette and Pflug
Passed to Committee on Ways & Means.
January 29, 2007
SB 5305 Prime Sponsor, Franklin: Extending medicaid coverage for foster youth. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Carrell, Fairley, Kastama, Kohl-Welles, Marr, Parlette and Pflug
Passed to Committee on Ways & Means.
January 29, 2007
SB 5403 Prime Sponsor, Rasmussen: Certifying animal massage practitioners. Reported by Committee on Agriculture & Rural Economic Development
MAJORITY recommendation: That Substitute Senate Bill No. 5403 be substituted therefor, and the substitute bill do pass. Signed by Senators Rasmussen, Chair; Hatfield, Vice Chair; Jacobsen, Morton, Schoesler and Shin
Passed to Committee on Rules for second reading.
January 29, 2007
SB 5430 Prime Sponsor, Hobbs: Creating the uniformed service shared leave pool. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Kline, Pridemore, Roach and Swecker
Passed to Committee on Ways & Means.
January 29, 2007
SB 5431 Prime Sponsor, Rasmussen: Creating a public utility tax deduction for the transportation of agricultural commodities. Reported by Committee on Agriculture & Rural Economic Development
MAJORITY recommendation: Do pass. Signed by Senators Rasmussen, Chair; Hatfield, Vice Chair; Jacobsen, Morton, Schoesler and Shin
Passed to Committee on Ways & Means.
January 29, 2007
SB 5527 Prime Sponsor, Hatfield: Consolidating designated forest lands and open space timber lands for ease of administration. Reported by Committee on Natural Resources, Ocean & Recreation
MAJORITY recommendation: Without recommendation. Signed by Senators Jacobsen, Chair; Rockefeller, Vice Chair; Fraser, Morton, Poulsen, Spanel, Stevens and Swecker
Passed to Committee on Ways & Means.
MOTION
On motion of Eide, all measures listed on the Standing Committee report were referred to the committees as designated with the exception of Senate Bill No. 5122 and Senate Bill No. 5431which were referred to the Committee on Ways & Means.
MOTION
On motion of Senator Eide, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
January 29, 2007
MR. PRESIDENT:
The House has passed the following bills:
SUBSTITUTE HOUSE BILL NO. 1029,
SUBSTITUTE HOUSE BILL NO. 1039,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
January 29, 2007
MR. PRESIDENT:
The House has passed the following bills:
SUBSTITUTE HOUSE BILL NO. 1079,
SUBSTITUTE HOUSE BILL NO. 1082,
SUBSTITUTE HOUSE BILL NO. 1117,
SUBSTITUTE HOUSE BILL NO. 1144,
SUBSTITUTE HOUSE BILL NO. 1258,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
January 29, 2007
MR. PRESIDENT:
The Speaker has signed:
SECOND SUBSTITUTE HOUSE BILL NO. 1095,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
On motion of Senator Eide, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 5728 by Senators Rasmussen, McAuliffe, Weinstein, Tom, Zarelli, Keiser, Kohl-Welles, Holmquist and Kline
AN ACT Relating to salary schedules for educational staff associate positions and vocational certified instructors; and amending RCW 28A.150.410.
Referred to Committee on Early Learning & K-12 Education.
SB 5729 by Senators Franklin, Brandland, Keiser, Kline, Rasmussen, Marr, Hargrove, Kastama, Murray, Fairley, Kohl-Welles, Hatfield, Regala, Jacobsen, Poulsen and Parlette
AN ACT Relating to public health funding; amending RCW 82.24.020, 43.70.575, and 43.70.520; adding new sections to chapter 43.70 RCW; and adding a new section to chapter 43.135 RCW.
Referred to Committee on Health & Long-Term Care.
SB 5730 by Senators Fairley, Swecker and Rasmussen
AN ACT Relating to authorizing port districts to provide financial support to nonprofit organizations that serve commercial seafarers while in port; and amending RCW 53.08.245.
Referred to Committee on Government Operations & Elections.
SB 5731 by Senators Shin, Delvin, Berkey, Sheldon, Tom, Oemig, Rasmussen, Pridemore, Roach, Jacobsen and Kohl-Welles
AN ACT Relating to educating students in high demand fields; creating new sections; and providing an expiration date.
Referred to Committee on Higher Education.
SB 5732 by Senators Fraser, Swecker, Fairley, Haugen and Clements
AN ACT Relating to restrictions on the county treasurer regarding receipting current year taxes; and amending RCW 84.56.010 and 84.56.020.
Referred to Committee on Government Operations & Elections.
SB 5733 by Senators Stevens and Jacobsen
AN ACT Relating to flood protection; and amending RCW 77.55.021.
Referred to Committee on Natural Resources, Ocean & Recreation.
SB 5734 by Senators Holmquist and Zarelli
AN ACT Relating to protecting legally existing uses from new regulations adopted under chapter 36.70A RCW; and adding a new section to chapter 36.70A RCW.
Referred to Committee on Government Operations & Elections.
SB 5735 by Senators Kohl-Welles, Clements, Franklin, Keiser and Parlette
AN ACT Relating to the regulation of construction contractors; amending RCW 18.27.010, 18.27.020, 18.27.030, 18.27.040, 18.27.080, 18.27.090, 18.27.104, 18.27.114, 18.27.200, 18.27.210, 18.27.230, 18.27.240, 18.27.250, 18.27.270, 18.27.290, and 18.27.310; adding a new section to chapter 18.27 RCW; and prescribing penalties.
Referred to Committee on Labor, Commerce, Research & Development.
SB 5736 by Senators Keiser, Kastama, Kohl-Welles, Rockefeller, Pridemore and Kline
AN ACT Relating to revising the nursing facility payment system; amending RCW 74.46.431, 74.46.433, 74.46.506, 74.46.511, 74.46.515, and 74.46.521; adding a new section to chapter 74.46 RCW; providing an effective date; providing an expiration date; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 5737 by Senators Fraser, Swecker, Rasmussen, Sheldon, Keiser, Franklin, Shin and Holmquist
AN ACT Relating to providing property tax relief for owners of residential property who are senior citizens, persons retired because of disabilities, or veterans with service-connected disabilities; amending RCW 84.36.379, 84.36.381, and 84.36.385; providing an effective date; and declaring an emergency.
Referred to Committee on Government Operations & Elections.
SB 5738 by Senators Oemig and Swecker
AN ACT Relating to administering elections by mail; amending RCW 29A.40.150, 29A.44.090, 29A.48.060, 29A.60.110, 29A.60.170, 29A.60.190, and 29A.60.190; reenacting and amending RCW 29A.40.110 and 29A.60.165; providing an effective date; and providing an expiration date.
Referred to Committee on Government Operations & Elections.
SB 5739 by Senators Rockefeller and Kline
AN ACT Relating to vehicle idling in Washington state ferry holding areas; and adding a new section to chapter 47.60 RCW.
Referred to Committee on Transportation.
SB 5740 by Senators Kilmer, Poulsen, Stevens, Rasmussen, Regala and Delvin
AN ACT Relating to regulating utility pole attachments; amending RCW 54.04.045; and creating a new section.
Referred to Committee on Water, Energy & Telecommunications.
SB 5741 by Senators Franklin, Tom, Keiser, Hobbs, Hargrove, Kohl-Welles, Poulsen, Kline, Shin and Rasmussen
AN ACT Relating to occupational diseases affecting firefighters; amending RCW 51.32.185; and creating a new section.
Referred to Committee on Labor, Commerce, Research & Development.
AN ACT Relating to civil service commissions for sheriffs' offices; and amending RCW 41.14.020 and 41.14.030.
Referred to Committee on Government Operations & Elections.
SB 5743 by Senators Kastama, Kilmer and Shin
AN ACT Relating to linking economic clusters and quality management practices to customized training; amending RCW 28C.04.400 and 28C.04.420; and making appropriations.
Referred to Committee on Economic Development, Trade & Management.
SB 5744 by Senators Kastama and Kilmer
AN ACT Relating to the ISO-9000 quality standards training program; amending RCW 43.31.088; and creating a new section.
Referred to Committee on Economic Development, Trade & Management.
SB 5745 by Senators Brown and Kohl-Welles
AN ACT Relating to use of solid fuel burning devices during impaired air quality conditions; amending RCW 70.94.473; and creating a new section.
Referred to Committee on Water, Energy & Telecommunications.
SB 5746 by Senators Jacobsen, Kohl-Welles, Murray, Keiser, McCaslin and Poulsen
AN ACT Relating to the practice of landscape architecture; amending RCW 18.96.010, 18.96.020, 18.96.030, 18.96.040, 18.96.060, 18.96.070, 18.96.080, 18.96.090, 18.96.100, 18.96.110, 18.96.120, 18.96.140, 18.96.150, 18.96.170, 18.96.180, and 18.96.190; adding new sections to chapter 18.96 RCW; creating a new section; repealing RCW 18.96.050 and 18.96.160; and prescribing penalties.
Referred to Committee on Labor, Commerce, Research & Development.
SB 5747 by Senators Jacobsen and Shin
AN ACT Relating to requiring that the chair of the fish and wildlife commission be a confirmed commission member; and amending RCW 77.04.060.
Referred to Committee on Natural Resources, Ocean & Recreation.
AN ACT Relating to ballast water management; amending RCW 77.120.010, 77.120.020, 77.120.030, and 77.120.070; amending 2004 c 227 s 2 (uncodified); adding new sections to chapter 77.120 RCW; repealing RCW 77.120.060, 77.120.080, and 77.120.090; and prescribing penalties.
Referred to Committee on Natural Resources, Ocean & Recreation.
SB 5749 by Senators Schoesler, Rasmussen, Spanel, Morton, Shin and Haugen
AN ACT Relating to Brassica seed production; adding a new chapter to Title 15 RCW; repealing RCW 15.65.055 and 15.66.025; and declaring an emergency.
Referred to Committee on Agriculture & Rural Economic Development.
SJM 8009 by Senators Fraser, Kohl-Welles, Prentice, Spanel, McAuliffe, Brown, Franklin, Weinstein and Kline
Urging adoption of a treaty fighting discrimination against women.
Referred to Committee on Government Operations & Elections.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
HB 1005 by Representatives Kessler, Ericks and B. Sullivan
AN ACT Relating to rates for the rental of county equipment; and amending RCW 36.33A.040.
Referred to Committee on Government Operations & Elections.
SHB 1029 by House Committee on Technology, Energy & Communications (originally sponsored by Representatives B. Sullivan, Linville and Morris)
AN ACT Relating to defining E85 motor fuel; and amending RCW 19.112.010, 19.112.120, 82.04.4334, 82.08.955, and 82.12.955.
Referred to Committee on Water, Energy & Telecommunications.
HB 1038 by Representatives Morris, Hudgins, Anderson, Moeller and B. Sullivan
AN ACT Relating to developing regional compacts for siting electric transmission lines; adding a new section to chapter 80.50 RCW; creating a new section; and providing an expiration date.
Referred to Committee on Water, Energy & Telecommunications.
SHB 1039 by House Committee on Select Committee on Environmental Health (originally sponsored by Representatives B. Sullivan, Kenney and Chase)
AN ACT Relating to allowing the department of ecology to issue written opinions for a portion of a facility under the model toxics control act; and amending RCW 70.105D.030.
Referred to Committee on Water, Energy & Telecommunications.
HB 1042 by Representatives Rodne, Pedersen, Moeller and Lantz
AN ACT Relating to business transactions; and amending RCW 23B.19.040.
Referred to Committee on Judiciary.
HB 1057 by Representatives Hudgins, Dunshee, Wood and Chase
AN ACT Relating to alternative fuels; and creating a new section.
Referred to Committee on Water, Energy & Telecommunications.
SHB 1079 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Kretz, Blake, Upthegrove, Ormsby, O'Brien, Morrell, Conway, Haigh, Moeller, McCune and Simpson)
AN ACT Relating to hunting and fishing license fees; amending RCW 77.08.010, 77.32.400, 77.32.480, 77.32.550, and 77.32.238; and repealing RCW 77.32.490.
Referred to Committee on Natural Resources, Ocean & Recreation.
SHB 1082 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Blake, Takko, Curtis, VanDeWege, Hunt, Eickmeyer, Pettigrew, Morrell, Springer, Flannigan and Simpson)
AN ACT Relating to the requirements for displaying the proper licenses while harvesting shellfish or seaweed; and amending RCW 77.32.520.
Referred to Committee on Natural Resources, Ocean & Recreation.
HB 1085 by Representatives Morrell, Bailey, Ericks, Dickerson, Cody, Sells, Linville, Blake, Moeller, Flannigan, Green, Miloscia, Pettigrew, Conway, Kagi, Appleton, Ormsby, Schual-Berke, B. Sullivan, Hudgins, Clibborn, Kenney, Wallace and Simpson
AN ACT Relating to long-term care insurance plans offered by the public employees' benefits board; and amending RCW 41.05.065.
Referred to Committee on Health & Long-Term Care.
HB 1086 by Representatives Morrell, Bailey, Green, Cody, Ericks, Dickerson, Linville, Sells, Moeller, Blake, Flannigan, Miloscia, Hunter, Pettigrew, Conway, Lantz, Kagi, Appleton, Ormsby, Hudgins, Clibborn, Kenney, Wallace, Santos, Simpson and Schual-Berke
AN ACT Relating to long-term care insurance; amending RCW 48.84.020 and 48.84.040; and adding a new section to chapter 48.84 RCW.
Referred to Committee on Health & Long-Term Care.
SHB 1117 by House Committee on Housing (originally sponsored by Representatives Miloscia, Morrell, Pettigrew, Ormsby, Kenney, Moeller and Simpson)
AN ACT Relating to homeless housing and assistance; adding new sections to chapter 43.185C RCW; and recodifying RCW 36.22.179, 43.20A.790, 43.185C.180, 43.330.167, 59.24.010, 59.24.020, 59.24.030, 59.24.040, 59.24.050, 59.24.060, and 59.24.900.
Referred to Committee on Consumer Protection & Housing.
HB 1142 by Representatives Williams, Warnick, O'Brien, Rodne, Campbell, Lantz and Goodman
AN ACT Relating to statutory costs; and amending RCW 4.84.010 and 12.20.060.
Referred to Committee on Judiciary.
HB 1143 by Representatives Lantz, O'Brien, Williams, Campbell, Rodne, Goodman and Moeller
AN ACT Relating to notices of dishonor; and amending RCW 62A.3-540.
Referred to Committee on Judiciary.
SHB 1144 by House Committee on Judiciary (originally sponsored by Representatives Williams, Warnick, Rodne, Campbell, O'Brien, Lantz, Goodman and Moeller)
AN ACT Relating to jurisdiction over judgments; and amending RCW 3.66.020, 3.66.040, 3.62.060, and 12.04.130.
Referred to Committee on Judiciary.
HB 1145 by Representatives Lantz, Warnick, Williams, Rodne, O'Brien, Campbell, Goodman and Moeller
AN ACT Relating to the limitations period for an account receivable; amending RCW 4.16.040; and creating a new section.
Referred to Committee on Judiciary.
HB 1149 by Representatives O'Brien, Dunn, McCune, Wallace and Simpson
AN ACT Relating to eliminating advance property tax payments for binding site plans; and amending RCW 84.40.042 and 58.08.040.
Referred to Committee on Government Operations & Elections.
HB 1229 by Representative B. Sullivan
AN ACT Relating to correcting references to the state wildlife account; amending RCW 77.12.184, 77.12.190, 77.12.210, 77.12.230, 77.12.240, 77.12.323, 77.12.380, 77.12.390, 77.12.670, 77.15.100, 77.32.430, 77.32.530, 77.32.560, 77.36.070, 77.44.050, 79A.55.090, 82.27.070, 90.56.100, 9.41.070, 46.16.605, and 46.16.606; reenacting and amending RCW 77.12.690 and 46.16.313; and creating a new section.
Referred to Committee on Natural Resources, Ocean & Recreation.
HB 1231 by Representatives Kirby, Roach, Simpson, Strow and Santos
AN ACT Relating to pawnbrokers; and amending RCW 19.60.060 and 19.60.061.
Referred to Committee on Financial Institutions & Insurance.
SHB 1258 by House Committee on Local Government (originally sponsored by Representatives Alexander, Hunt, Curtis and Simpson)
AN ACT Relating to the disbursement of funds by air pollution control agencies; and amending RCW 70.94.094.
Referred to Committee on Government Operations & Elections.
MOTION
On motion of Senator Eide, all measures listed on the Introduction and First Reading report were referred to the committees as designated with the exception of Senate Joint Memorial No. 8009 which was referred to the Committee on Government Operations & Elections.
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
8606
By Senators Rasmussen, Schoesler, Shin, Morton, Jacobsen and Hatfield
WHEREAS, On January 30, 2007, the livestock industry, affectionately referred to as the "Barnyard Coalition," is convening its Joint Legislative Day in Olympia to meet with leaders of state government; and
WHEREAS, The state livestock and related livestock feed industry comprise approximately thirty-six percent of the value of production of Washington State's agriculture industry, the state's number one industry; and
WHEREAS, This group is an informal but influential group that works with other state leaders to coordinate the state's efforts toward high priority issues including food safety, environmental stewardship, livestock disease control, and, last but not least, maintaining the viability of farming and ranching for future generations;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the State of Washington recognize the efforts of the "Barnyard Coalition" to address important public issues, and to express great appreciation for the hard work of the livestock industry because we know that a quality and affordable product does not just magically appear on the grocery store shelf; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to representatives of the "Barnyard Coalition."
Senator Rasmussen spoke in favor of adoption of the resolution.
The President Pro Tempore declared the question before the Senate to be the adoption of Senate Resolution No. 8606.
The motion by Senator Rasmussen carried and the resolution was adopted by voice vote.
MOTION
Senator McAuliffe moved adoption of the following resolution:
SENATE RESOLUTION
8611
By Senators McAuliffe, Fraser and Eide
WHEREAS, Catholic schools will be celebrating "Catholic Schools Week 2007" by recognizing the good news in education today; and
WHEREAS, Across the United States, close to half of the students enrolled in private schools attend Catholic schools; and
WHEREAS, Catholic schools encourage parent and community involvement in schools via a school board, commission, council, or parent organization; and
WHEREAS, Close to 200,000 teachers and staff have answered the call to service in Catholic schools; and
WHEREAS, Parents of children attending Catholic schools make sacrifices in order to send their children to a school that shares their religious beliefs; and
WHEREAS, Catholic education is an integral part of the mission of the Catholic Church, and its strong commitment to students and educational excellence is of great value to the State of Washington; and
WHEREAS, Catholic schools have been enriching students' lives in Washington State for more than one hundred fifty years; and
WHEREAS, Catholic schools encourage and prepare students to obtain high levels of achievement through religious, academic, and cocurricular programs, and the schools are committed to serving students of diverse backgrounds; and
WHEREAS, Catholic schools have produced many of our finest leaders throughout this state and nation, committed to service, and Catholic Schools Week provides an opportunity to celebrate the contributions of the schools to our State; and
WHEREAS, Catholic schools across the nation are celebrating "Catholic Schools Week 2007";
NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize the Catholic schools of Washington State and honor their academic excellence and faith-based instruction during this celebration of Catholic Schools Week, January 28, 2007, through February 3, 2007; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the school departments at the Archdiocese of Seattle, the Diocese of Spokane, the Diocese of Yakima, and the Washington State Catholic Conference.
Senators McAuliffe and Rasmussen spoke in favor of adoption of the resolution.
The President Pro Tempore declared the question before the Senate to be the adoption of Senate Resolution No. 8611.
The motion by Senator McAuliffe carried and the resolution was adopted by voice vote.
MOTION
At 12:11 p.m., on motion of Senator Eide, the Senate adjourned until 10:00 a.m. Wednesday, January 31, 2007.
BRAD OWEN, President of the Senate
THOMAS HOEMANN, Secretary of the Senate