NOON SESSION

Senate Chamber, Olympia, Tuesday, January 18, 2011

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 17, 2011

SB 5032 Prime Sponsor, Senator Pridemore: Changing qualifications for appointees to metropolitan water pollution abatement advisory committees. Reported by Committee on Government Operations, Tribal Relations & Elections

MAJORITY recommendation: Do pass. Signed by Senators Pridemore, Chair; Prentice, Vice Chair; Swecker; Chase; Nelson and Roach.

Passed to Committee on Rules for second reading.

January 17, 2011

SB 5033 Prime Sponsor, Senator Pridemore: Concerning the sale of water-sewer district real property. Reported by Committee on Government Operations, Tribal Relations & Elections

MAJORITY recommendation: Do pass. Signed by Senators Pridemore, Chair; Prentice, Vice Chair; Swecker; Chase; Nelson and Roach.

Passed to Committee on Rules for second reading.

MOTION

On motion of Senator Eide, all measures listed on the Standing Committee report were referred to the committees as designated.

MOTION

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

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

January 14, 2011

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.

PHILIP JONES, reappointed January 13, 2011, for the term ending January 1, 2017, as Member of the Utilities and Transportation Commission.

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Environment, Water & Energy.

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 fifth order of business.

INTRODUCTION AND FIRST READING

SB 5189 by Senators Hobbs, Swecker, Shin, Roach and Chase

AN ACT Relating to access to K-12 campuses for occupational or educational information; and amending RCW 28A.230.180.

Referred to Committee on Early Learning & K-12 Education.

SB 5190 by Senators Hobbs, Swecker, Shin and Roach

AN ACT Relating to the disposition of remains of persons who died while serving on active duty in any branch of the United States armed forces, United States reserve forces, or national guard; and amending RCW 68.50.160.

Referred to Committee on Government Operations, Tribal Relations & Elections.

SB 5191 by Senators Hobbs, King, Hewitt, Haugen, Ranker, Litzow, Kilmer, Hill, McAuliffe, Harper, White, Tom, Rockefeller, Becker and Parlette

AN ACT Relating to flexibility in the education system; amending RCW 28A.150.520, 28A.210.080, 28A.220.030, 28A.300.118, 28A.300.150, 28A.300.160, 28A.300.270, 28A.300.405, 28A.300.410, 28A.300.450, 28A.300.520, 28A.320.080, 28A.320.160, 28A.345.020, 28A.345.050, 28A.640.020, 28A.655.061, and 39.35D.040; repealing RCW 28A.210.130, 28A.220.050, 28A.220.080, 28A.220.085, 28A.230.150, 28A.300.280, and 28A.320.185; providing an expiration date; and declaring an emergency.

Referred to Committee on Early Learning & K-12 Education.

SB 5192 by Senators Nelson, Swecker and Chase

AN ACT Relating to provisions for notifications and appeals timelines under the shoreline management act; amending RCW 36.70A.290, 90.58.090, 90.58.140, and 90.58.180; and reenacting and amending RCW 90.58.190.

Referred to Committee on Government Operations, Tribal Relations & Elections.

SB 5193 by Senators White, Kastama, Nelson, Prentice and Chase

AN ACT Relating to bicyclist and motorist mutual responsibilities; amending RCW 46.61.755, 46.61.770, 46.61.110, and 46.61.100; adding new sections to chapter 46.61 RCW; creating a new section; and recodifying RCW 46.61.755 and 46.61.770.

Referred to Committee on Transportation.

SB 5194 by Senators White, Rockefeller, Ranker, Litzow, Nelson, Brown, Fraser, Pridemore, Hobbs, Keiser, Kohl-Welles, Kline, Chase and Harper

AN ACT Relating to protecting lake water quality by reducing phosphorus from lawn fertilizer; and adding a new chapter to Title 90 RCW.

Referred to Committee on Environment, Water & Energy.

SB 5195 by Senators Kline, Regala and Hargrove

AN ACT Relating to requiring information to be filed by the prosecuting attorney for certain violations under driving while license is suspended or revoked provisions; and amending RCW 10.37.015.

Referred to Committee on Judiciary.

SB 5196 by Senators Hatfield, Swecker, Hargrove and Haugen

AN ACT Relating to the operation of student transportation programs; and amending RCW 28A.160.010 and 28A.225.270.

Referred to Committee on Early Learning & K-12 Education.

SB 5197 by Senators Keiser and Pflug

AN ACT Relating to delegation to home care aides; amending RCW 18.79.260 and 74.39A.073; and adding new sections to chapter 18.88B RCW.

Referred to Committee on Health & Long-Term Care.

SB 5198 by Senators Pridemore, Swecker, Rockefeller, Zarelli and Shin

AN ACT Relating to the joint provision and management of municipal water, wastewater, storm and flood water, and related utility services; amending RCW 4.96.010, 86.09.720, and 86.15.035; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.16 RCW; and adding a new chapter to Title 39 RCW.

Referred to Committee on Government Operations, Tribal Relations & Elections.

SB 5199 by Senator Murray

AN ACT Relating to transferring funds from the budget stabilization account to the general fund; and making appropriations.

Referred to Committee on Ways & Means.

SB 5200 by Senators Parlette, Pridemore and Rockefeller

AN ACT Relating to the office of regulatory assistance; creating a new section; and repealing RCW 43.131.401 and 43.131.402.

Referred to Committee on Economic Development, Trade & Innovation.

SB 5201 by Senators Hargrove, Swecker, Regala, Fraser and Parlette

AN ACT Relating to fish and wildlife management; amending RCW 77.15.650, 77.15.110, 77.15.280, 77.08.010, 77.65.110, 77.65.130, 77.15.720, 77.15.130, 77.15.160, 77.95.090, 69.50.320, 77.04.080, 77.12.071, 77.12.154, 77.15.070, 77.15.075, 77.15.080, 77.15.085, 77.15.092, 77.15.094, 77.15.480, 77.15.710, 77.32.014, 77.75.110, and 77.75.120; adding new sections to chapter 77.15 RCW; adding a new section to chapter 77.12 RCW; adding a new section to chapter 77.08 RCW; creating a new section; and prescribing penalties.

Referred to Committee on Natural Resources & Marine Waters.

SB 5202 by Senators Regala and Hargrove

AN ACT Relating to sexually violent predators; amending RCW 71.09.040, 71.09.050, 71.09.060, 71.09.070, 71.09.090, 71.09.094, and 71.09.098; adding new sections to chapter 71.09 RCW; creating new sections; and declaring an emergency.

Referred to Committee on Human Services & Corrections.

SB 5203 by Senators Regala, Hargrove, Stevens and Shin

AN ACT Relating to improving the administration and efficiency of sex and kidnapping offender registration; amending RCW 4.24.550, 9A.44.128, 9A.44.132, 9A.44.142, and 43.43.540; reenacting and amending RCW 9A.44.130; and adding a new section to chapter 9A.44 RCW.

Referred to Committee on Human Services & Corrections.

SB 5204 by Senators Regala, Hargrove and Stevens

AN ACT Relating to juveniles who have been adjudicated of a sex offense; amending RCW 9A.44.143, 13.40.160, 13.50.050, and 72.09.345; adding a new section to chapter 13.40 RCW; adding a new section to chapter 28A.300 RCW; adding new sections to chapter 28A.320 RCW; and providing an effective date.

Referred to Committee on Human Services & Corrections.

SB 5205 by Senators Kilmer, Sheldon, Rockefeller and White

AN ACT Relating to high capacity transportation system plan components and review; and amending RCW 81.104.100 and 81.104.110.

Referred to Committee on Transportation.

SB 5206 by Senators Kohl-Welles, Swecker, Nelson and Chase

AN ACT Relating to installation of residential fire sprinkler systems; amending RCW 18.160.050, 82.02.100, and 70.119A.180; adding a new section to chapter 70.119A RCW; and creating a new section.

Referred to Committee on Government Operations, Tribal Relations & Elections.

SB 5207 by Senators Pridemore, Nelson, Chase and Kline

AN ACT Relating to the international wildland urban interface code; and amending RCW 19.27.031.

Referred to Committee on Government Operations, Tribal Relations & Elections.

SB 5208 by Senators Chase, Swecker, Sheldon and Shin

AN ACT Relating to the sale, exchange, transfer, or lease of public property; and amending RCW 39.33.010.

Referred to Committee on Government Operations, Tribal Relations & Elections.

SB 5209 by Senators Delvin, Hatfield, Schoesler, Hewitt, Honeyford, Holmquist Newbry, Haugen, Hobbs, Morton and King

AN ACT Relating to extending the time period permitted to put water to beneficial use; amending RCW 90.03.380, 90.03.380, 90.14.031, 90.14.043, 90.14.130, 90.14.140, 90.14.160, 90.14.170, 90.14.180, and 90.92.070; reenacting and amending RCW 90.14.140; adding a new section to chapter 90.14 RCW; providing an effective date; and providing expiration dates.

Referred to Committee on Environment, Water & Energy.

SB 5210 by Senators Delvin, Hobbs, Honeyford, Morton, Holmquist Newbry, Zarelli, Haugen, King, Hewitt, Schoesler, Hatfield and Shin

AN ACT Relating to creating a water commission; and adding a new chapter to Title 90 RCW.

Referred to Committee on Environment, Water & Energy.

SB 5211 by Senators Haugen, Swecker, Morton, Ranker and Hargrove

AN ACT Relating to forest practices applications leading to conversion of land for development purposes; and amending RCW 76.09.050, 76.09.240, and 43.21C.037.

Referred to Committee on Natural Resources & Marine Waters.

SB 5212 by Senators Hargrove and Conway

AN ACT Relating to presumptions of occupational disease for law enforcement officers and firefighters; amending RCW 51.32.185; adding a new section to chapter 51.32 RCW; and creating a new section.

Referred to Committee on Labor, Commerce & Consumer Protection.

SB 5213 by Senators Litzow and Hobbs

AN ACT Relating to insurance; amending RCW 4.28.080, 48.02.150, 48.02.190, 48.03.060, 48.05.200, 48.05.215, 48.10.170, 48.14.0201, 48.15.150, 48.17.380, 48.36A.350, 48.85.030, 48.94.010, 48.102.011, 48.102.021, 48.110.030, 48.110.055, and 48.155.020; and repealing RCW 48.05.210.

Referred to Committee on Financial Institutions, Housing & Insurance.

SB 5214 by Senators Hobbs, Chase, Prentice, Regala and Kline

AN ACT Relating to the use of surplus property for the development of affordable housing; amending RCW 43.63A.510, 47.12.063, 47.12.063, 47.12.064, 43.20A.037, 72.09.055, 43.19.19201, 79A.05.170, 79A.05.175, 36.34.137, 35.21.687, 79.11.005, 79.22.060, 53.08.090, 54.16.180, 57.08.016, and 81.112.080; providing an effective date; and providing an expiration date.

Referred to Committee on Financial Institutions, Housing & Insurance.

SB 5215 by Senators Hobbs, Haugen, Schoesler, Hatfield, King and Delvin

AN ACT Relating to removing the expiration date for exempting applicants who operate commercial motor vehicles for agribusiness purposes from certain commercial driver's license requirements; amending RCW 46.25.060; providing an effective date; and declaring an emergency.

Referred to Committee on Transportation.

SB 5216 by Senators Shin and Chase

AN ACT Relating to changing the initiative and referendum filing fees; amending RCW 29A.72.010; and creating a new section.

Referred to Committee on Government Operations, Tribal Relations & Elections.

SB 5217 by Senators Shin, White, Nelson, Sheldon, Murray, Delvin, Rockefeller, Harper, Kline, Keiser, Conway, Chase, Eide and Fraser

AN ACT Relating to appointing student members on the board of trustees for community colleges; amending RCW 28B.50.100; adding a new section to chapter 28B.50 RCW; and creating a new section.

Referred to Committee on Higher Education & Workforce Development.

SB 5218 by Senators Shin, Rockefeller, Sheldon, Haugen, Delvin, Harper and McAuliffe

AN ACT Relating to commercial activity at state-owned safety rest areas; and adding a new section to chapter 47.38 RCW.

Referred to Committee on Transportation.

SB 5219 by Senators Shin, Tom, Delvin, Rockefeller and McAuliffe

AN ACT Relating to penalties for retail liquor licensees; adding a new section to chapter 66.44 RCW; and prescribing penalties.

Referred to Committee on Labor, Commerce & Consumer Protection.

SB 5220 by Senators Shin, Tom and McAuliffe

AN ACT Relating to advertising on school buses; and adding a new section to chapter 46.61 RCW.

Referred to Committee on Early Learning & K-12 Education.

SB 5221 by Senators Swecker, Prentice, Shin, King, Kastama, Nelson and Chase

AN ACT Relating to intrastate building safety mutual aid in the event of emergencies and other situations that temporarily render a jurisdiction incapable of providing required building safety services; adding a new chapter to Title 38 RCW; and declaring an emergency.

Referred to Committee on Government Operations, Tribal Relations & Elections.

SB 5222 by Senators Kastama, Delvin, Eide, Honeyford, Hargrove, Haugen, Prentice, Hobbs, Shin and Chase

AN ACT Relating to increasing the flexibility for industrial development district levies for public port districts; amending RCW 53.36.100; adding a new section to chapter 84.55 RCW; and creating a new section.

Referred to Committee on Economic Development, Trade & Innovation.

SB 5223 by Senators Benton, Fraser and Hobbs

AN ACT Relating to reserve accounts and studies for condominium and homeowners' associations; amending RCW 64.34.020, 64.34.308, 64.34.380, 64.34.382, 64.34.384, 64.38.010, and 64.38.025; reenacting and amending RCW 64.34.010; and adding new sections to chapter 64.38 RCW.

Referred to Committee on Financial Institutions, Housing & Insurance.

SB 5224 by Senators Hobbs and Fraser

AN ACT Relating to preparation charges for condominium resale certificates; and amending RCW 64.34.425.

Referred to Committee on Financial Institutions, Housing & Insurance.

SB 5225 by Senators Murray, Kohl-Welles and Ranker

AN ACT Relating to soil and wetland scientists; amending RCW 18.235.020; reenacting and amending RCW 43.24.150; adding a new chapter to Title 18 RCW; creating a new section; providing effective dates; and declaring an emergency.

Referred to Committee on Labor, Commerce & Consumer Protection.

SB 5226 by Senators McAuliffe, King and Shin

AN ACT Relating to science end-of-course assessments; amending RCW 28A.655.061; and adding a new section to chapter 28A.655 RCW.

Referred to Committee on Early Learning & K-12 Education.

SB 5227 by Senators McAuliffe and King

AN ACT Relating to high school mathematics end-of-course assessments; amending RCW 28A.655.066; and creating a new section.

Referred to Committee on Early Learning & K-12 Education.

SB 5228 by Senators Rockefeller, Honeyford, Delvin, Kline and Chase

AN ACT Relating to small facility siting; amending RCW 80.50.040, 80.50.060, 80.50.071, and 80.50.100; reenacting and amending RCW 80.50.020 and 80.50.090; adding new sections to chapter 80.50 RCW; creating a new section; providing an effective date; and declaring an emergency.

Referred to Committee on Environment, Water & Energy.

SB 5229 by Senators Hobbs, Carrell, Hatfield, Zarelli, Parlette and McAuliffe

AN ACT Relating to creating an exemption from preferred drug substitution for atypical antipsychotic drugs; and amending RCW 69.41.190.

Referred to Committee on Health & Long-Term Care.

SB 5230 by Senators Ranker, Swecker, Litzow, Rockefeller, Regala, Kohl-Welles, Hargrove, Kline, Conway, Fraser, Nelson, Hobbs, Shin and Harper

AN ACT Relating to establishing the Puget Sound corps while reforming the state's conservation corps programs; amending RCW 43.220.020, 43.220.060, 43.220.070, 43.220.170, 43.220.231, 43.220.250, 43.60A.152, and 79A.05.545; reenacting and amending RCW 43.220.040 and 77.85.130; adding new sections to chapter 43.220 RCW; adding a new section to chapter 43.30 RCW; adding a new section to chapter 77.12 RCW; creating new sections; and repealing RCW 43.220.010, 43.220.030, 43.220.080, 43.220.090, 43.220.120, 43.220.130, 43.220.160, 43.220.180, 43.220.190, and 43.220.210.

Referred to Committee on Natural Resources & Marine Waters.

SB 5231 by Senators Nelson, Swecker, Rockefeller, Ranker, Chase, Regala, Kohl-Welles and Kline

AN ACT Relating to children's safe products; amending RCW 70.240.010 and 70.240.040; reenacting and amending RCW 43.21B.110 and 43.21B.110; adding new sections to chapter 70.240 RCW; providing an effective date; and providing an expiration date.

Referred to Committee on Environment, Water & Energy.

SB 5232 by Senators Kilmer, Hobbs, Carrell, Keiser and Kohl-Welles

AN ACT Relating to prize-linked savings deposits; amending RCW 9.46.0356 and 19.170.020; and creating a new section.

Referred to Committee on Labor, Commerce & Consumer Protection.

SB 5233 by Senators Prentice, Benton, Keiser, Kline and Conway

AN ACT Relating to increasing the permissible deposit of public funds with credit unions and authorizing the deposit of public funds at federally chartered credit unions; and amending RCW 39.58.240.

Referred to Committee on Financial Institutions, Housing & Insurance.

SB 5234 by Senators Kline, Swecker, Keiser, Rockefeller, Shin, Conway, Pridemore, Ranker, Pflug, Nelson, Chase, Kohl-Welles, Haugen, White, Regala, Murray and Fraser

AN ACT Relating to providing safe collection and disposal of unwanted drugs from residential sources through a producer-provided and funded product stewardship program; amending RCW 69.41.030 and 18.64.005; adding a new section to chapter 42.56 RCW; adding a new chapter to Title 70 RCW; creating a new section; and prescribing penalties.

Referred to Committee on Health & Long-Term Care.

SB 5235 by Senators Schoesler, Hatfield, Delvin, Honeyford, Hobbs and Conway

AN ACT Relating to animal health inspections; amending RCW 16.36.040, 16.36.050, 16.36.113, 16.36.140, 16.57.160, and 16.57.360; adding a new section to chapter 16.57 RCW; and prescribing penalties.

Referred to Committee on Agriculture & Rural Economic Development.

SB 5236 by Senators Kline and Kohl-Welles

AN ACT Relating to persistent offenders; amending RCW 9.94A.570 and 9.95.435; adding a new section to chapter 9.94A RCW; adding a new section to chapter 9.95 RCW; and prescribing penalties.

Referred to Committee on Judiciary.

MOTION

On motion of Senator Eide, all measures listed on the Introduction and First Reading report were referred to the committees as designated.

MOTION

At 12:02 p.m., on motion of Senator Eide, the Senate adjourned until 10:00 a.m. Wednesday, January 19, 2011.

BRAD OWEN, President of the Senate

THOMAS HOEMANN, Secretary of the Senate

5032

Committee Report................................................................. 1

5033

Committee Report................................................................. 1

5189

Introduction & 1^st Reading..................................................... 1

5190

Introduction & 1^st Reading..................................................... 1

5191

Introduction & 1^st Reading..................................................... 1

5192

Introduction & 1^st Reading..................................................... 1

5193

Introduction & 1^st Reading..................................................... 2

5194

Introduction & 1^st Reading..................................................... 2

5195

Introduction & 1^st Reading..................................................... 2

5196

Introduction & 1^st Reading..................................................... 2

5197

Introduction & 1^st Reading..................................................... 2

5198

Introduction & 1^st Reading..................................................... 2

5199

Introduction & 1^st Reading..................................................... 2

5200

Introduction & 1^st Reading..................................................... 2

5201

Introduction & 1^st Reading..................................................... 2

5202

Introduction & 1^st Reading..................................................... 2

5203

Introduction & 1^st Reading..................................................... 2

5204

Introduction & 1^st Reading..................................................... 2

5205

Introduction & 1^st Reading..................................................... 3

5206

Introduction & 1^st Reading..................................................... 3

5207

Introduction & 1^st Reading..................................................... 3

5208

Introduction & 1^st Reading..................................................... 3

5209

Introduction & 1^st Reading..................................................... 3

5210

Introduction & 1^st Reading..................................................... 3

5211

Introduction & 1^st Reading..................................................... 3

5212

Introduction & 1^st Reading..................................................... 3

5213

Introduction & 1^st Reading..................................................... 3

5214

Introduction & 1^st Reading..................................................... 3

5215

Introduction & 1^st Reading..................................................... 3

5216