NOON SESSION

Senate Chamber, Olympia, Tuesday, February 23, 2010

The Senate was called to order at 12:00 noon by the 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.

February 23, 2010

The President Pro Tempore signed:

ENGROSSED SUBSTITUTE SENATE BILL 6130

MOTION

There being no objection, the Senate advanced to the first order of business.

REPORTS OF STANDING COMMITTEES

February 22, 2010

SB 6858 Prime Sponsor, Senator Zarelli: Providing for ample funding for basic education. Reported by Committee on Early Learning & K-12 Education

MAJORITY recommendation: That it be referred without recommendation. Signed by Senators McAuliffe, Chair; Kauffman, Vice Chair, Early Learning; Oemig, Vice Chair, K-12; King; Brandland; Gordon; Hobbs; Holmquist and McDermott.

MINORITY recommendation: Do not pass. Signed by Senator Tom.

MINORITY recommendation: That it be referred without recommendation. Signed by Senator Roach.

Passed to Committee on Ways & Means.

February 22, 2010

HB 1080 Prime Sponsor, Representative Simpson: Allowing impact fees to be used for all fire protection facilities. Reported by Committee on Government Operations & Elections

MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Roach; McDermott; Pridemore and Swecker.

Passed to Committee on Rules for second reading.

February 22, 2010

2SHB 1180 Prime Sponsor, Committee on General Government Appropriations: Regarding the use of bisphenol A. Reported by Committee on Health & Long-Term Care

MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Fairley; Marr and Murray.

MINORITY recommendation: Do not pass. Signed by Senator Pflug.

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Becker and Parlette.

Passed to Committee on Rules for second reading.

February 22, 2010

E2SHB 1418 Prime Sponsor, Committee on Education: Establishing a statewide dropout reengagement system. Reported by Committee on Early Learning & K-12 Education

MAJORITY recommendation: Do pass. Signed by Senators McAuliffe, Chair; Kauffman, Vice Chair, Early Learning; Oemig, Vice Chair, K-12; King; Brandland; Gordon; Hobbs; Holmquist; McDermott; Roach and Tom.

Passed to Committee on Ways & Means.

February 22, 2010

HB 1757 Prime Sponsor, Representative Haigh: Establishing a small school district contingency fund. Reported by Committee on Early Learning & K-12 Education

MAJORITY recommendation: Do pass. Signed by Senators McAuliffe, Chair; King; Brandland; Gordon; Hobbs; Holmquist; McDermott and Roach.

Passed to Committee on Ways & Means.

February 22, 2010

2EHB 1876 Prime Sponsor, Representative McCune: Providing funds for disabled veterans through voluntary donations. Reported by Committee on Government Operations & Elections

MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Roach; Benton; McDermott; Pridemore and Swecker.

Passed to Committee on Rules for second reading.

February 22, 2010

HB 1880 Prime Sponsor, Representative Armstrong: Concerning ballot envelopes. Reported by Committee on Government Operations & Elections

MAJORITY recommendation: Do pass as amended. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Roach; Benton; McDermott; Pridemore and Swecker.

Passed to Committee on Rules for second reading.

February 22, 2010

HB 1966 Prime Sponsor, Representative McCoy: Adding wheelchair users to the types of individuals for whom drivers must take additional precautions. Reported by Committee on Transportation

MAJORITY recommendation: Do pass as amended. Signed by Senators Haugen, Chair; Marr, Vice Chair; Swecker; Becker; Berkey; Delvin; Eide; Hatfield; Jacobsen; Kastama; Kauffman; Kilmer; King; Ranker and Sheldon.

Passed to Committee on Rules for second reading.

February 22, 2010

SHB 2179 Prime Sponsor, Committee on Transportation: Authorizing cities located in counties having a population of more than one million five hundred thousand to provide and contract for supplemental transportation improvements. Reported by Committee on Transportation

Passed to Committee on Rules for second reading.

February 22, 2010

SHB 2224 Prime Sponsor, Committee on Local Government & Housing: Concerning the installation of residential fire sprinkler systems. Reported by Committee on Government Operations & Elections

MAJORITY recommendation: Do pass as amended. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Roach; Benton; McDermott; Pridemore and Swecker.

Passed to Committee on Rules for second reading.

February 22, 2010

SHB 2409 Prime Sponsor, Committee on Local Government & Housing: Concerning the sale of water-sewer district real property. Reported by Committee on Government Operations & Elections

MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Roach; Benton; McDermott; Pridemore and Swecker.

Passed to Committee on Rules for second reading.

February 22, 2010

HB 2461 Prime Sponsor, Representative Blake: Extending to 2015 the assessment levied under RCW 15.36.551 to support the dairy inspection program. Reported by Committee on Agriculture & Rural Economic Development

MAJORITY recommendation: Do pass. Signed by Senators Hatfield, Chair; Ranker, Vice Chair; Schoesler; Becker; Haugen; Morton and Shin.

Passed to Committee on Rules for second reading.

February 22, 2010

ESHB 2464 Prime Sponsor, Committee on Transportation: Implementing rules and penalties for drivers when approaching certain emergency, roadside assistance, or police vehicles in emergency zones. Reported by Committee on Transportation

MAJORITY recommendation: Do pass as amended. Signed by Senators Haugen, Chair; Marr, Vice Chair; Swecker; Becker; Berkey; Delvin; Eide; Hatfield; Jacobsen; Kastama; Kilmer; King; Ranker and Sheldon.

Passed to Committee on Rules for second reading.

February 22, 2010

HB 2470 Prime Sponsor, Representative Haigh: Concerning veterinary technician licenses. Reported by Committee on Agriculture & Rural Economic Development

MAJORITY recommendation: Do pass. Signed by Senators Hatfield, Chair; Schoesler; Becker; Haugen and Morton.

Passed to Committee on Rules for second reading.

February 22, 2010

HB 2483 Prime Sponsor, Representative Hurst: Concerning overseas and service voters. Reported by Committee on Government Operations & Elections

MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Roach; McDermott; Pridemore and Swecker.

MINORITY recommendation: Do not pass. Signed by Senator Oemig, Vice Chair.

MINORITY recommendation: That it be referred without recommendation. Signed by Senator Benton.

Passed to Committee on Rules for second reading.

February 22, 2010

2SHB 2551 Prime Sponsor, Committee on Ways & Means: Establishing the Washington vaccine association. Reported by Committee on Health & Long-Term Care

MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Pflug; Becker; Marr; Murray and Parlette.

Passed to Committee on Ways & Means.

February 22, 2010

HB 2575 Prime Sponsor, Representative Upthegrove: Expanding the membership of the capital projects advisory review board. Reported by Committee on Government Operations & Elections

MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; McDermott and Pridemore.

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Roach; Benton and Swecker.

Passed to Committee on Rules for second reading.

February 22, 2010

HB 2592 Prime Sponsor, Representative Hunt: Prohibiting incentive towing programs for private property impounds. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Senators Haugen, Chair; Marr, Vice Chair; Swecker; Becker; Berkey; Delvin; Eide; Hatfield; Jacobsen; Kastama; Kauffman; Kilmer; King; Ranker and Sheldon.

Passed to Committee on Rules for second reading.

February 22, 2010

SHB 2686 Prime Sponsor, Committee on Health Care & Wellness: Concerning fees for dental services that are not covered by insurance or contract. Reported by Committee on Health & Long-Term Care

MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Pflug; Becker; Fairley; Marr; Murray and Parlette.

Passed to Committee on Rules for second reading.

February 22, 2010

SHB 2706 Prime Sponsor, Committee on Health Care & Wellness: Concerning exemption from immunization. Reported by Committee on Health & Long-Term Care

MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Pflug; Becker; Marr; Murray and Parlette.

MINORITY recommendation: Do not pass. Signed by Senator Fairley.

Passed to Committee on Rules for second reading.

February 22, 2010

SHB 2828 Prime Sponsor, Committee on Health Care & Wellness: Requiring hospitals to report certain health care data. Reported by Committee on Health & Long-Term Care

MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Pflug; Becker; Fairley; Marr; Murray and Parlette.

Passed to Committee on Rules for second reading.

February 22, 2010

SHB 2863 Prime Sponsor, Committee on General Government Appropriations: Transferring food assistance programs to the department of agriculture. Reported by Committee on Agriculture & Rural Economic Development

MAJORITY recommendation: Do pass. Signed by Senators Hatfield, Chair; Ranker, Vice Chair; Schoesler; Becker; Haugen; Morton and Shin.

Passed to Committee on Rules for second reading.

February 22, 2010

ESHB 2876 Prime Sponsor, Committee on Health Care & Wellness: Concerning pain management. Reported by Committee on Health & Long-Term Care

MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Pflug; Marr and Murray.

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Becker; Fairley and Parlette.

Passed to Committee on Rules for second reading.

February 22, 2010

SHB 2962 Prime Sponsor, Committee on Local Government & Housing: Allowing county treasurers to use electronic bill presentment and payment that includes an automatic electronic payment option for property taxes. Reported by Committee on Government Operations & Elections

MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; McDermott and Pridemore.

MINORITY recommendation: Do not pass. Signed by Senators Benton and Swecker.

MINORITY recommendation: That it be referred without recommendation. Signed by Senator Roach.

Passed to Committee on Rules for second reading.

February 22, 2010

HB 2989 Prime Sponsor, Representative Moeller: Concerning respiratory care practitioners. Reported by Committee on Health & Long-Term Care

MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Pflug; Becker; Fairley; Marr; Murray and Parlette.

Passed to Committee on Rules for second reading.

February 22, 2010

SHB 2990 Prime Sponsor, Committee on Local Government & Housing: Addressing alternative city assumption and tax authority provisions pertaining to water-sewer districts. Reported by Committee on Government Operations & Elections

MAJORITY recommendation: Do pass. Signed by Senators Fairley, Chair; Oemig, Vice Chair; McDermott; Pridemore and Swecker.

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Roach and Benton.

Passed to Committee on Ways & Means.

February 22, 2010

HB 2996 Prime Sponsor, Representative Quall: Including approved private schools in the superintendent of public instruction's record check information rules. Reported by Committee on Early Learning & K-12 Education

Passed to Committee on Rules for second reading.

February 22, 2010

SHB 2997 Prime Sponsor, Committee on Health Care & Wellness: Concerning the size of a small employer's group for purposes of health benefit plans. Reported by Committee on Health & Long-Term Care

MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Pflug; Becker; Fairley; Marr; Murray and Parlette.

Passed to Committee on Rules for second reading.

February 22, 2010

SHB 3001 Prime Sponsor, Committee on Transportation: Addressing bicycle and pedestrian safety education in traffic schools. Reported by Committee on Transportation

Passed to Committee on Rules for second reading.

February 22, 2010

SHB 3036 Prime Sponsor, Committee on Education: Requiring a public meeting before a school district contracts for nonvoter-approved debt. Reported by Committee on Early Learning & K-12 Education

Passed to Committee on Rules for second reading.

February 22, 2010

ESHB 3067 Prime Sponsor, Committee on Local Government & Housing: Establishing a process for the payment of impact fees through provisions stipulated in recorded covenants. Reported by Committee on Government Operations & Elections

MAJORITY recommendation: That it be referred without recommendation. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Benton; McDermott; Pridemore and Swecker.

Passed to Committee on Financial Institutions, Housing & Insurance.

February 22, 2010

HB 3095 Prime Sponsor, Representative Blake: Modifying the powers of the Washington tree fruit research commission. Reported by Committee on Agriculture & Rural Economic Development

MAJORITY recommendation: Do pass. Signed by Senators Hatfield, Chair; Ranker, Vice Chair; Schoesler; Becker; Haugen; Morton and Shin.

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 Substitute House Bill No. 2990 which was referred to the Committee on Ways & Means.

MOTION

On motion of Senator Eide, the Senate advanced to the third order of business.

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

February 15, 2010

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

BILL GRINSTEIN, reappointed February 15, 2010, for the term ending June 30, 2013, as Member of the Higher Education Coordinating Board.

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Higher Education & Workforce Development.

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 eighth order of business.

MOTION

Senator Jacobsen moved adoption of the following resolution:

SENATE RESOLUTION
8695

By Senator Jacobsen

WHEREAS, It is the tradition of the Washington State Senate to honor our state educational institutions and the programs that further the education of our citizens; and

WHEREAS, The University of Washington's Graduate Opportunity and Minority Achievement Program - GO MAP - has for more than 40 years been a driving force in the promotion of academic excellence and career success for so many students of ethnic minorities and other underrepresented groups; and

WHEREAS, GO MAP has encouraged the growth of a diverse campus community with its outreach efforts to recruit members of underrepresented groups to pursue graduate level studies at the University; and

WHEREAS, GO MAP has played a leading role in building a sense of community among the diverse groups of students from a wide variety of backgrounds who make up the student and faculty community of the University of Washington; and

WHEREAS, GO MAP's programs have directly contributed to the University's reputation as a leading research institution with an environment where students of every ethnicity may pursue the goal of academic excellence;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate does hereby acknowledge and honor the Graduate Opportunities and Minority Achievement Program at the University of Washington; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Graduate Opportunities and Minority Achievement Program at the University of Washington.

Senator Jacobsen 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. 8695.

The motion by Senator Jacobsen carried and the resolution was adopted by voice vote.

INTRODUCTION OF SPECIAL GUESTS

The President Pro Tempore welcomed, Dr. Anthony Salazar, Diversity Specialist and Dr. Juan Guerra, Director/Associate Dean & Associate Vice Provost (the Graduate Opportunities & Minority Achievement Program at the University of Washington) representatives who were seated in the gallery.

MOTION

Senator Holmquist moved adoption of the following resolution:

SENATE RESOLUTION
8705

By Senators Holmquist, Benton, Honeyford, Kohl-Welles, and Roach

WHEREAS, The people of Grant County voted to establish Fire Districts Numbers 10 and 11 in September 1958; and

WHEREAS, Fire Districts Numbers 10 and 11 were established on October 14, 1958; and

WHEREAS, Fire District Number 10 is currently served by Fire Commissioners Dwight Vander Vorste, Robert Weber, Mike Moore, District Secretary Angie Argo, and led by Fire Chief Brian Evans; and

WHEREAS, Grant County Fire District Number 11 is currently served by Fire Commissioners Ray Wardenaar, Gary Christenson, Tim Freedman, District Secretary Bob Schrom, and led by Fire Chief Brian Evans; and

WHEREAS, The early and continued success of Grant County Fire Districts Numbers 10 and 11 is due to countless volunteer hours and community involvement; and

WHEREAS, The brave members of Grant County Fire Districts Numbers 10 and 11 provide fire, rescue, and EMS services across five hundred twenty square miles; protect six communities, agricultural land, and critical infrastructure including the Wanapum Dam and Interstate 90 at the Vantage Bridge; and participate in the Washington State Patrol mobilization plan, having provided apparatus and personnel across the great State of Washington during times of need;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor the firefighters of Grant County Fire Districts Numbers 10 and 11, who have risked their lives and given their time to create an outstanding fifty-year legacy of protecting life and property in Grant County; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Dwight Vander Vorste, Chairman of Grant County Fire District Number 10; Ray Wardenaar, Chairman of Grant County Fire District Number 11; and Brian Evans, Fire Chief of Grant County Fire Districts Numbers 10 and 11.

Senators Holmquist and Brandland 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. 8705.

The motion by Senator Holmquist carried and the resolution was adopted by voice vote.

INTRODUCTION OF SPECIAL GUESTS

The President Pro Tempore welcomed representatives of the Grant County Fire District 10, Commissioner Dwight Vander Vorste; Commissioner Mike Moore; Commissioner Robert Weber, District Secretary; Volunteer EMT, Angie Argo and Grant County Fire District No. 11, Commissioner Tim Freedman, wife Nancy; Commissioner Gary L. Christenson; District Secretary, Bob Schrom; Arrow Miller, retired volunteer and wife of the late Willis Miller, a fifty year volunteer and mentor; Grant County Fire District No. 11 Chief Brian Evans and wife Denise who were seated in the gallery.

MOTION

Senator McAuliffe moved adoption of the following resolution:

SENATE RESOLUTION
8691

By Senators McAuliffe, Delvin, Gordon, Roach, McDermott, Haugen, Fairley, Eide, Regala, Tom, McCaslin, Becker, Kauffman, Zarelli, Kilmer, and King

WHEREAS, Providing all Washington state children a public education is the paramount duty of the state; and

WHEREAS, It is impossible to provide our children a quality public education if they cannot get to school, if they are hungry during the school day, or if the schools they arrive at are neglected, cold, and unsafe; and

WHEREAS, Classified employees are the bus drivers who are safely transporting, in sometimes dangerous road conditions, over 474,514 students each day in 9,035 busses over 500,000 miles; the child nutrition employees providing breakfast for 113,518 students and lunches for over 440,000 students each day; the custodian, maintenance, and security employees ensuring that the 2,174 school buildings where our children are receiving their education are functional, warm, clean, and safe; and

WHEREAS, Classified employees are the secretaries who make sure that all parents, staff, and most importantly all children receive the necessary support and services while at the same time providing love and attention to each student's special needs, even if all that is needed is a Band-Aid, a friendly ear, or a reminder; and

WHEREAS, Classified employees are the paraeducators who are increasingly depended upon to provide individualized attention to students in the classroom to ensure they meet the higher academic standards, as well as provide such specialized services as nursing and interpreting for deaf and disabled children and students who speak other languages; and

WHEREAS, Classified employees are normally the first employees called upon when there is a threat to our children's safety and security; and

WHEREAS, It is necessary to employ over 50,000 classified employees to provide these essential support services to the nearly one million students receiving public education; and

WHEREAS, Washington state students have had their education significantly enhanced by the services of classified school employees; and

WHEREAS, Washington state citizens seldom reflect on the critical role classified employees play in providing our children a quality education;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor classified school employees during Classified School Employee Week, March 8 through 12, 2010, and urge all citizens to join in honoring, recognizing, and respecting the dedication and hard work of all classified school employees; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Public School Employees of Washington, SEIU Local 1948 and SEIU Local 925.

Senator McAuliffe 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. 8691.

The motion by Senator McAuliffe carried and the resolution was adopted by voice vote.

MOTION

Senator McAuliffe moved adoption of the following resolution:

SENATE RESOLUTION
8704

By Senators McAuliffe, Kauffman, McDermott, Oemig, King, Murray, Rockefeller, Berkey, Brandland, Becker, Stevens, Roach, Gordon, Fraser, and Franklin

WHEREAS, The arts, including dance, music, theatre, and visual arts, are defined as a core content area in Washington state's definition of basic education, and considered an essential component of the complete and balanced education that should be provided for all students; and

WHEREAS, Learning in and through the arts enables students to develop critical thinking and problem-solving skills, imagination and creativity, discipline, alternative ways to communicate and express feelings and ideas, and cross-cultural understanding, which supports academic success across the curriculum as well as personal growth outside the classroom; and

WHEREAS, Imagination and creativity are increasingly understood as critical capacities needed for success in life in the 21st century and enables students to be globally competitive, and students develop these abilities through meaningful learning in the arts; and

WHEREAS, The arts can bring every academic subject to life and the integration of the arts within the broader academic curriculum, including reading, mathematics, science, and social studies, can enhance student engagement, extend student learning, and deepen student understanding of all the academic content areas; and

WHEREAS, The arts can transform our schools into havens of creativity and exploration, places where students want to learn, teachers want to teach, and all members of the learning community are more engaged and motivated; and

WHEREAS, We applaud the efforts and dedication of educators and advocates around the state, and we call for school and community leaders to continue to broaden and strengthen their arts education focus in order to ensure equity of access to arts learning for all students;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate acknowledge that May 2010 is recognized by the Governor as Arts Education Month in Washington State, and all communities are encouraged to celebrate the arts with meaningful activities and programs for students, teachers, and the public that demonstrate learning and understanding in the arts, and all citizens are urged to become interested in and give full support to quality school arts programs for children and youth; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to ArtsEd Washington.

Senator McAuliffe 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. 8704.

The motion by Senator McAuliffe carried and the resolution was adopted by voice vote.

MOTION

At 12:21 p.m., on motion of Senator Eide, the Senate adjourned until 10:00 a.m. Wednesday, February 24, 2010.

BRAD OWEN, President of the Senate

THOMAS HOEMANN, Secretary of the Senate