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TWENTY-FOURTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, February 6, 2002

The Senate was called to order at 10:00 a.m. by President Pro Tempore Franklin. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Benton, Finkbeiner and Betti Sheldon. On motion of Senator Hewitt, Senators Benton and Finkbeiner were excused. On motion of Senator Eide, Senator Betti Sheldon was excused.

The Sergeant at Arms Color Guard, consisting of Pages Melinda Andrews and Benjamin Kemph, presented the Colors. Janet Tanaka from the Baha'i Assembly of East Thurston County, offered the prayer.

MOTION

On motion of Senator Costa, the reading of the Journal of the previous day was dispensed with and it was approved.

REPORTS OF STANDING COMMITTEES

February 5, 2002

SB 5999 Prime Sponsor, Senator B. Sheldon: Modifying the telephone assistance program. Reported by Committee on Economic Development and Telecommunications

MAJORITY Recommendation: Do pass. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Finkbeiner, Rossi and Stevens.

Passed to Committee on Rules for second reading.

February 4, 2002

SB 6034 Prime Sponsor, Senator Fraser: Revising state wireless enhanced 911 excise taxes. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Second Substitute Senate Bill No. 6034 be substituted therefor, and the second substitute bill do pass. Signed by Senators Brown, Chair; Regala, Vice Chair; Fraser, Hewitt, Kohl-Welles, Long, Parlette, Rasmussen, Sheahan, Snyder, Spanel, Thibaudeau and Winsley.

Passed to Committee on Rules for second reading.

February 4, 2002

SB 6237 Prime Sponsor, Senator Prentice: Requiring that employee benefits for contract transportation employees be not less than those provided to public transportation employees. Reported by Committee on Labor, Commerce and Financial Institutions

MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Rasmussen and Regala.

MINORITY Recommendation: Do not pass. Signed by Senators Hochstatter, Honeyford and West.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6267 Prime Sponsor, Senator Johnson: Revising the principal and income act. Reported by Committee on Judiciary

MAJORITY Recommendation: That Substitute Senate Bill No. 6267 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Johnson, Long, McCaslin, Poulsen, Roach and Thibaudeau.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6270 Prime Sponsor, Senator Jacobsen: Providing for a two-year term of office for student members of governing boards of institutions of higher education. Reported by Committee on Higher Education

MAJORITY Recommendation: That Substitute Senate Bill No. 6270 be substituted therefor, and the substitute bill do pass. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Jacobsen, McAuliffe and B. Sheldon.

MINORITY Recommendation: Do not pass substitute. Signed by Senators Horn and Parlette.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6282 Prime Sponsor, Senator Horn: Allowing private motorcycle skills courses. Reported by Committee on Transportation

MAJORITY Recommendation: That Substitute Senate Bill No. 6282 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Eide, Horn, Jacobsen, Johnson, Keiser, McAuliffe, McDonald, Oke, T. Sheldon and Shin.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6291 Prime Sponsor, Senator Kline: Revising residency requirements of part-time judges. Reported by Committee on Judiciary

MAJORITY Recommendation: Do pass. Signed by Senators Kastama, Vice Chair; Costa, Johnson, Long, McCaslin, Poulsen and Thibaudeau.

Passed to Committee on Rules for second reading.

February 4, 2002

SB 6342 Prime Sponsor, Senator Poulsen: Adopting the simplified sales and use tax administration act. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Bill No. 6342 be substituted therefor, and the substitute bill do pass. Signed by Senators Brown, Chair; Regala, Vice Chair; Fraser, Hewitt, Honeyford, Kohl-Welles, Long, Parlette, Poulsen, Rasmussen, Roach, Rossi, Sheahan, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.

Passed to Committee on Rules for second reading.

February 4, 2002

SB 6372 Prime Sponsor, Senator Fraser: Creating the combined fund drive account. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Regala, Vice Chair; Fraser, Hewitt, Honeyford, Kohl-Welles, Long, Poulsen, Rasmussen, Roach, Rossi, Sheahan, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6373 Prime Sponsor, Senator Keiser: Prohibiting noncompetition agreements in the broadcasting industry. Reported by Committee on Labor, Commerce and Financial Institutions

MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Rasmussen, Regala and Winsley.

MINORITY Recommendation: Do not pass. Signed by Senators Hochstatter and Honeyford.

Passed to Committee on Rules for second reading.

February 2, 2002

SB 6374 Prime Sponsor, Senator Jacobsen: Correcting errors and oversights in certain retirement system statutes. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Regala, Vice Chair; Fraser, Hewitt, Honeyford, Kohl-Welles, Long, Parlette, Poulsen, Rasmussen, Roach, Rossi, Sheahan, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.

Passed to Committee on Rules for second reading.

February 2, 2002

SB 6375 Prime Sponsor, Senator Fraser: Conforming the Washington state retirement systems to federal requirements on veterans. Reported by Committee on Ways and Means

Passed to Committee on Rules for second reading.

February 2, 2002

SB 6376 Prime Sponsor, Senator Regala: Allowing the transfer of seasonal and military leave of absence employees to the public employees' retirement system plan 3. Reported by Committee on Ways and Means

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6377 Prime Sponsor, Senator Regala: Allowing members of the teachers' retirement system plan 1 to use extended school years for calculation of their earnable compensation. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Regala, Vice Chair; Fairley, Vice-Chair; Fraser, Hewitt, Honeyford, Kline, Kohl-Welles, Long, Parlette, Poulsen, Rasmussen, Rossi, B. Sheldon, Spanel and Zarelli.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6378 Prime Sponsor, Senator Spanel: Authorizing part-time leaves of absence for law enforcement members of the law enforcement officers' and fire fighters' retirement system plan 2. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Regala, Vice Chair; Fairley, Vice-Chair; Fraser, Hewitt, Honeyford, Kline, Kohl-Welles, Long, Poulsen, Rasmussen, Rossi, B. Sheldon, Spanel and Zarelli.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6379 Prime Sponsor, Senator Carlson: Transferring service credit and contributions into the Washington state patrol retirement system. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Regala, Vice Chair; Fraser, Hewitt, Honeyford, Kline, Kohl-Welles, Long, Parlette, Poulsen, Rasmussen, Rossi, B. Sheldon, Spanel and Zarelli.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6380 Prime Sponsor, Senator Winsley: Creating new survivor benefit division options for divorced members of the law enforcement officers' and fire fighters' retirement system, the teachers' retirement system, the school employees' retirement system, the public employees' retirement system, and the Washington state patrol retirement system. Reported by Committee on Ways and Means

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6381 Prime Sponsor, Senator Fraser: Separating from public employees' retirement system plan 1. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Regala, Vice Chair; Fairley, Vice-Chair; Fraser, Honeyford, Kline, Kohl-Welles, Long, Parlette, Poulsen, Rasmussen, Rossi, B. Sheldon, Spanel, Thibaudeau and Zarelli.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6383 Prime Sponsor, Senator Spanel: Allowing a member who is at least age seventy and one-half or a member holding state elective office or directly appointed by the governor who wishes to be eligible for a retirement allowance the option of ending his or her membership in the teachers' retirement system, the school employees' retirement system, and the public employees' retirement system. Reported by Committee on Ways and Means

Passed to Committee on Rules for second reading.

February 4, 2002

SB 6395 Prime Sponsor, Senator Rasmussen: Allowing certain employees to handle beer or wine. Reported by Committee on Labor, Commerce and Financial Institutions

MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Hochstatter, Honeyford, Rasmussen, Regala, West and Winsley.

Passed to Committee on Rules for second reading.

February 4, 2002

SB 6409 Prime Sponsor, Senator Prentice: Requiring an opportunity for a cure before an action on a construction defect may be filed. Reported by Committee on Labor, Commerce and Financial Institutions

MAJORITY Recommendation: That Substitute Senate Bill No. 6409 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Franklin, Gardner, Hochstatter, Honeyford, Rasmussen, Regala and West.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6411 Prime Sponsor, Senator Kohl-Welles: Expanding the running start program to allow participation by The Evergreen State College. Reported by Committee on Higher Education

MAJORITY Recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6412 Prime Sponsor, Senator Kohl-Welles: Regulating disclosure of information by international matchmaking organizations. Reported by Committee on Labor, Commerce and Financial Institutions

MAJORITY Recommendation: That Substitute Senate Bill No. 6412 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Rasmussen, Regala and Winsley.

MINORITY Recommendation: Do not pass. Signed by Senators Hochstatter, Honeyford and West.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6422 Prime Sponsor, Senator Costa: Defining "property of another" for purposes of crimes against property. Reported by Committee on Judiciary

MAJORITY Recommendation: That Substitute Senate Bill No. 6422 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Johnson, Long, McCaslin, Poulsen, Roach and Thibaudeau.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6429 Prime Sponsor, Senator B. Sheldon: Regulating the admissibility of benevolent gestures in civil actions. Reported by Committee on Judiciary

MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Johnson, Long, McCaslin, Poulsen, Roach and Thibaudeau.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6449 Prime Sponsor, Senator Kastama: Allowing entrance and exit fees under limited circumstances. Reported by Committee on Labor, Commerce and Financial Institutions

MAJORITY Recommendation: That Substitute Senate Bill No. 6449 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Rasmussen, Regala and Winsley.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6450 Prime Sponsor, Senator Jacobsen: Encouraging aggregated purchasing of clean energy and clean vehicles. Reported by Committee on Environment, Energy and Water

MAJORITY Recommendation: That Substitute Senate Bill No. 6450 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Hale, Honeyford, Keiser, McDonald and Morton.

Passed to Committee on Rules for second reading.

February 4, 2002

SB 6451 Prime Sponsor, Senator Kline: Providing criminal penalties for training in furtherance of civil disorders. Reported by Committee on Judiciary

MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Hargrove, McCaslin and Poulsen.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6480 Prime Sponsor, Senator Eide: Encouraging recycling and waste reduction. Reported by Committee on Environment, Energy and Water

MAJORITY Recommendation: Do pass. Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Hale, Honeyford, Keiser, McDonald and Morton.

Passed to Committee on Rules for second reading.

February 4, 2002

SB 6484 Prime Sponsor, Senator Haugen: Authorizing additional trust authority to take advantage of federal estate tax benefits for conservation easements. Reported by Committee on Judiciary

MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Johnson, Long, Poulsen and Roach.

Passed to Committee on Rules for second reading.

February 4, 2002

SB 6553 Prime Sponsor, Senator Poulsen: Enhancing regulatory capabilities to prevent invasive aquatic species. Reported by Committee on Natural Resources, Parks and Shorelines

MAJORITY Recommendation: That Substitute Senate Bill No. 6553 be substituted therefor, and the substitute bill do pass. Signed by Senators Jacobsen, Chair; Poulsen, Vice Chair; Hargrove, McDonald, Morton, Oke, Snyder, Spanel and Stevens.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6568 Prime Sponsor, Senator Finkbeiner: Requiring the sender of commercial electronic mail to identify itself as a commercial message. Reported by Committee on Economic Development and Telecommunications

MAJORITY Recommendation: Do pass. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Fairley, Finkbeiner, McCaslin, Rossi and Stevens.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6601 Prime Sponsor, Senator Prentice: Allowing a licensed distiller, domestic brewery, microbrewery, or domestic winery to sell liquor at a spirits, beer, and wine restaurant located on contiguous property that is leased by that licensed distiller, domestic brewery, microbrewery, or domestic winery. Reported by Committee on Labor, Commerce and Financial Institutions

MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Hochstatter, Honeyford, Rasmussen, Regala, West and Winsley.

Passed to Committee on Rules for second reading.

February 4, 2002

SB 6623 Prime Sponsor, Senator Gardner: Creating a task force to study consumer mortgage lending issues. Reported by Committee on Labor, Commerce and Financial Institutions

MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Rasmussen, Regala and Winsley.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6624 Prime Sponsor, Senator Keiser: Modifying well construction provisions. Reported by Committee on Environment, Energy and Water

MAJORITY Recommendation: Do pass. Signed by Senators Fraser, Chair; Regala, Vice Chair; Hale, Honeyford, Keiser and Morton.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6626 Prime Sponsor, Senator Kohl-Welles: Requiring the Washington state institute for public policy to review and evaluate whether branch campuses are fulfilling their intended role. Reported by Committee on Higher Education

MAJORITY Recommendation: That Substitute Senate Bill No. 6626 be substituted therefor, and the substitute bill do pass. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, McAuliffe, Parlette and B. Sheldon.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6630 Prime Sponsor, Senator Prentice: Providing for certification as a master electrician. Reported by Committee on Labor, Commerce and Financial Institutions

MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Fairley, Gardner, Hochstatter, Honeyford, Rasmussen, West and Winsley.

MINORITY Recommendation: Do not pass. Signed by Senator Keiser, Vice Chair.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6651 Prime Sponsor, Senator T. Sheldon: Extending a tax credit for persons engaged in a rural county in the business of providing information technology help desk services to third parties. Reported by Committee on Economic Development and Telecommunications

MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Finkbeiner, McCaslin, Rossi and Stevens.

Referred to Committee on Ways and Means.

February 4, 2002

SB 6652 Prime Sponsor, Senator Prentice: Regulating cosmetology, barbering, manicuring, and esthetics. Reported by Committee on Labor, Commerce and Financial Institutions

MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Rasmussen, Regala and West.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6656 Prime Sponsor, Senator Fairley: Modifying unemployment compensation payable to individuals who took family and medical leave. Reported by Committee on Labor, Commerce and Financial Institutions

MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Rasmussen, Regala and Winsley.

MINORITY Recommendation: Do not pass. Signed by Senators Hochstatter and Honeyford.

Passed to Committee on Rules for second reading.

February 4, 2002

SB 6669 Prime Sponsor, Senator Thibaudeau: Regarding the consumer protection act. Reported by Committee on Labor, Commerce and Financial Institutions

MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Rasmussen and Regala.

Passed to Committee on Rules for second reading.

February 5, 2002

SB 6769 Prime Sponsor, Senator Honeyford: Concerning sheepherder housing. Reported by Committee on Labor, Commerce and Financial Institutions

MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Hochstatter, Honeyford, Rasmussen, Regala, West and Winsley.

Passed to Committee on Rules for second reading.

MOTION

On motion of Senator Costa, Senate Bill No. 6440, which was held at the desk February 4, 2002, was referred to the Committee on Ways and Means.

MESSAGE FROM STATE OFFICE

STATE OF WASHINGTON

Department of Social and Health Services

Olympia, Washington 98504-5000

February 4, 2002

Mr. Tony Cook

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482

Dear Mr. Cook:

Enclosed is the Department's Report to the Legislature entitled "Wage Increases for Nursing Homes Low-wage Direct Care Workers." It is mandated under Chapter 7, Laws of 2001, E2, Section 206(13).

Please call Tom Karns at (360) 725-2499 if you have any questions about the report.

Sincerely,

DENNIS BRADDOCK, Secretary

The Department of Social and Health Services Report on "Wage Increases for Nursing Homes Low-wage Direct Care Workers” is on file in the Office of the Secretary of the Senate.

INTRODUCTION AND FIRST READING

SB 6797 by Senator Costa

AN ACT Relating to dental hygienists; amending RCW 18.29.005, 18.29.050, 18.29.021, 18.29.045, 18.29.071, 18.29.120, 18.29.140, 18.29.150, 18.29.160, 18.29.190, and 18.29.210; adding new sections to chapter 18.29 RCW; creating a new section; and repealing RCW 18.29.110, 18.29.130, 18.29.170, 18.29.190, and 18.29.200.

Referred to Committee on Health and Long-Term Care.

SB 6798 by Senators Horn and Gardner

AN ACT Relating to street vacations; and amending RCW 35.79.030.

Referred to Committee on Transportation.

SB 6799 by Senators Sheahan and Winsley

AN ACT Relating to funding the emergency food assistance program; and making an appropriation.

Referred to Committee on Ways and Means.

SB 6800 by Senators Honeyford, Spanel, Winsley and Fraser

AN ACT Relating to fund-raising efforts for the state legislative building renovation project; amending RCW 42.52.800; adding a new section to chapter 27.48 RCW; creating a new section; and declaring an emergency.

Referred to Committee on State and Local Government.

SB 6801 by Senators Kastama and Kline

AN ACT Relating to the Washington state commission for responsible fatherhood; and adding a new chapter to Title 43 RCW.

Referred to Committee on Human Services and Corrections.

SB 6802 by Senators Morton, Brown, McCaslin, Sheahan, Fraser, Oke, Hale and Rasmussen

AN ACT Relating to state representation in the protection of the state's water interests; and amending RCW 90.54.080 and 90.54.140.

Referred to Committee on Environment, Energy and Water.

SB 6803 by Senators Prentice and Winsley

AN ACT Relating to the prohibition of unfair practices by motor vehicle manufacturers and dealers; amending RCW 46.96.105 and 46.96.185; adding new sections to chapter 46.96 RCW; and creating a new section.

Referred to Committee on Labor, Commerce and Financial Institutions.

SCR 8429 by Senators Snyder, West and Winsley

Modifying districts eighteen, twenty-seven, twenty-eight, and forty-nine in the plan for legislative redistricting.

SCR 8430 by Senators Snyder and West

Modifying districts seven and twelve in the plan for legislative redistricting.

MOTION

On motion of Senator Costa, the rules were suspended, Senate Concurrent Resolution No. 8429 and Senate Concurrent Resolution No. 8430 were advanced to second reading and placed on the second reading calendar.

SECOND READING

SENATE CONCURRENT RESOLUTION NO. 8429, by Senators Snyder and West

Modifying districts eighteen, twenty-seven, twenty-eight, and forty-nine in the plan for legislative redistricting.

The concurrent resolution was read the second time.

MOTION

On motion of Senator Costa, the rules were suspended, Senate Concurrent Resolution No. 8429 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Concurrent Resolution No. 8429.

ROLL CALL

The Secretary called the roll on the final passage of Senate Concurrent Resolution No. 8429 and the concurrent resolution passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Excused: Senators Benton, Finkbeiner and Sheldon, B. - 3.

SENATE CONCURRENT RESOLUTION NO. 8429, having received the constitutional majority, was declared passed.

SECOND READING

SENATE CONCURRENT RESOLUTION NO. 8430, by Senators Snyder and West

Modifying districts seven and twelve in the plan for legislative redistricting.

The concurrent resolution was read the second time.

MOTION

On motion of Senator Costa, the rules were suspended, Senate Concurrent Resolution No. 8430 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Concurrent Resolution No. 8430.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 8430 and the concurrent resolution passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

Excused: Senators Benton and Sheldon, B. - 2.

SENATE CONCURRENT RESOLUTION NO. 8430, having received the constitutional majority, was declared passed.

MOTION

On motion of Senator Kohl-Welles, the following resolution was adopted:

SENATE RESOLUTION 8742

By Senators Kohl-Welles, McAuliffe, Jacobsen, Horn, Roach, Spanel, Johnson, Winsley, Rasmussen, Fraser and Kastama

WHEREAS, Participation in athletics is one of the most effective ways for students in the United States to develop leadership skills, self-discipline, initiative, and confidence; and

WHEREAS, Sport and fitness activity contributes to emotional and physical well-being, and both males and females can benefit from both strong minds and strong bodies; and

WHEREAS, The communication, competition, and cooperation skills learned through athletic experience play a key role in the contributions of athletes to the home, workplace, and society; and

WHEREAS, Early motor skill training and enjoyable experiences of physical activity strongly influence lifelong habits of physical fitness; and

WHEREAS, Individuals who participate in sports have higher levels of self-esteem, less depression, and a reduced risk for disease and other illness; and

WHEREAS, Girls and women historically have had fewer opportunities to participate in school and professional athletics, but have made major gains in participation in recent decades; and

WHEREAS, Title IX, the federal law prohibiting sex discrimination in schools and colleges receiving federal funds, celebrates its thirtieth anniversary this year; and

WHEREAS, The state of Washington honors the struggle, perseverance, and strength of women who have paved the way for Washington’s female athletes; and

WHEREAS, 52,005 female middle school athletes participate on 3,202 teams, and 65,833 female high school athletes participate on 5,887 teams; and

WHEREAS, Institutions of higher education continue to produce elite athletes with 2,350 female athletes participating with pride, commitment, and ability. The participation of female collegiate athletes is among the highest in the country and is approaching that of male collegiate athletes. Currently, there are 180 female athletes participating at Central Washington University, 177 female athletes participating at Eastern Washington University, 59 female athletes participating at The Evergreen State College, 178 female athletes participating at Gonzaga University, 49 female athletes participating at Northwest College, 190 female athletes participating at Pacific Lutheran University, 123 female athletes participating at Seattle Pacific University, 101 female athletes participating at Seattle University, 48 female athletes participating at St. Martin’s College, 243 female athletes participating at the University of Puget Sound, 298 female athletes participating at the University of Washington, 230 female athletes participating at Washington State University, 184 female athletes participating at Western Washington University, 42 female athletes participating at Whitman College, and 48 female athletes participating at Whitworth College; and

WHEREAS, Washington is honored to host the Seattle Storm, a professional womens’ basketball sports team, and Head Coach Lin Dunn and the thirteen professional womens’ athletes on the team, who have proven that womens’ sports do not end at the collegiate level.

WHEREAS, The state of Washington is honored to have Barbara Hedges, athletic director at the University of Washington, paving the way for women in athletics administration. Women across the country are underrepresented in leadership positions in representation of coaches, officials, and sports administrators, and there is a demonstrated need for women to serve in these positions to ensure a fair representation of the abilities of women and to provide role models for young female athletes; and

WHEREAS, The number of funded research projects focusing on the specific needs of female athletes is limited and the information provided by the projects is imperative to the health and performance of future female athletes;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate celebrate Washington Girls and Women in Sports Day on February 6, 2002, and encourage others to observe the day with appropriate ceremonies and activities.

Senators Kohl-Welles, Jacobsen and Thibaudeau spoke to Senate Resolution 8742.

INTRODUCTION OF SPECIAL GUESTS

The President Pro Tempore welcomed and introduced girls and women from middle schools, high schools, colleges, universities and professional groups from across the state, who were seated in the gallery.

The President Pro Tempore also welcomed and introduced Lin Dunn, the Seattle Storm head coach, who was seated on the rostrum.

With permission of the Senate, business was suspended to allow Coach Dunn to address the Senate.

MOTION

On motion of Senator Jacobsen, the following resolution was adopted:

SENATE RESOLUTION 8731

By Senators Jacobsen, Oke, Fraser, Roach and Rasmussen

WHEREAS, Birders seek to protect wildlife habitat and promote the enjoyment of all species of birds; and

WHEREAS, Biodiversity and conservation of the natural world are of the upmost importance to birders; and

WHEREAS, Conservation efforts encompass protection and restoration of local watersheds, as well as promote the study of natural science, migratory bird patterns and amphibious wildlife in our ecosystem; and

WHEREAS, Fremont resident, Marv Breece, has been an avid birder for the past twenty-five years; and

WHEREAS, Marv Breece estimated that in 2001, he drove 25,000 miles to get to marshes, saltwater beaches, mountain peaks, dark forests and sagebrush deserts to observe birds, an example of his relentless devotion to the sport; and

WHEREAS, Big Year is the name of a competition in which a birder tries to identify as many species of birds as possible in one calendar year in a given geographical area; and

WHEREAS, On December 31, 2001, Breece set a birding record for the Big Year competition in Washington, spotting three hundred and fifty-nine species of birds; and

WHEREAS, The previous record was thought to be in the low three forty’s; and

WHEREAS, In the Julia Butler Hansen National Wildlife Refuge in Wahkiakum County, he spotted the last bird on his list, a Black Phoebe, a rare visitor of our state;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate do hereby recognize Marv Breece’s commitment toward the conservation and preservation of birds and their surrounding ecosystem; and

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

Senators Jacobsen and Oke spoke to Senate Resolution 8731.

INTRODUCTION OF SPECIAL GUESTS

The President Pro Tempore welcomed and introduced Marv Breece and members of the Seattle Audubon Society, who were seated in the gallery.

MOTION

On motion of Senator Haugen, the following resolution was adopted:

SENATE RESOLUTION 8733

By Senators Haugen, Rasmussen and Fraser

WHEREAS, The Washington Community Reinvestment Association (WCRA) specializes in affordable housing for families and seniors by financing homes that offer easy access to public transportation, medical facilities and shopping; and

WHEREAS, The WCRA’s mission encompasses the creation and preservation of affordable housing in Washington by expanding resources, providing a voice for member financial institutions, and operating within a strategic and financially prudent structure; and

WHEREAS, The WCRA provides financial support to Impact Capital and other nonprofit organizations in supporting housing and community development activities in Washington; and

WHEREAS, Since 1992, WCRA has grown to include thirty-seven member banks and has given more than $130 million to support the creation and rehabilitation of nearly 5,500 units of housing in urban and rural communities around Washington; and

WHEREAS, In 2002, the WCRA completes its first decade by representing 5,904 units of housing and 28,488 rentable square feet in economic development project commitments;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize the Washington Community Reinvestment Association’s success in partnerships and its commitment to our communities; and

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

Senators Haugen and Prentice spoke to Senate Resolution 8733.

INTRODUCTION OF SPECIAL GUESTS

The President Pro Tempore welcomed and introduced associates of the Washington Community Reinvestment Association, who were seated in the gallery.

MOTION

On motion of Senator West, the following resolution was adopted:

SENATE RESOLUTION 8743

By Senators West, Snyder, Zarelli, Hochstatter, Johnson, Deccio, Hewitt, Finkbeiner, Long, Hale, Honeyford, Rossi, Morton, Horn, Roach, McCaslin, Winsley, McDonald, Swecker, Parlette, Stevens, Sheahan and Rasmussen

WHEREAS, President Ronald Wilson Reagan, a man of humble background, worked throughout his life serving freedom and advancing the public good, having been employed as an entertainer, union leader, corporate spokesman, Governor of California and President of the United States; and

WHEREAS, Ronald Reagan served with honor and distinction for two terms as the Fortieth President of the United States of America; the second of which he earned the confidence of three-fifths of the electorate and was victorious in 49 of the 50 states in the general election—a record unsurpassed in the history of American presidential elections; and

WHEREAS, during his career as a public servant, Ronald Reagan was unafraid to do battle on the great issues of his time and, in the words of Theodore Roosevelt, enter the arena, strive valiantly, and spend himself for a worthy cause; and

WHEREAS, during Mr. Reagan’s presidency he worked in a bipartisan manner to enact his bold agenda of restoring accountability and common sense to government which led to an unprecedented economic expansion and opportunity for millions of Americans; and

WHEREAS, Mr. Reagan’s commitment to an active social policy agenda for the nation’s children helped lower crime and drug use in our neighborhoods; and

WHEREAS, President Reagan’s commitment to our armed forces contributed to the restoration of pride in America, her values and those cherished by the free world, and prepared America’s armed forces to win the Gulf War; and

WHEREAS, President Reagan’s vision of “peace through strength” led to the end of the Cold War and the ultimate demise of the Soviet Union, guaranteeing basic human rights for millions of people; and

WHEREAS, on February 6, 2002, Ronald Reagan will have reached the age of ninety-one years;

NOW, THEREFORE BE IT RESOLVED, that the Washington State Senate hereby recognizes and honors our Fortieth President, Ronald Wilson Reagan, in this month of his ninety-first birthday; and

BE IT FURTHER RESOLVED, that copies of this resolution be immediately transmitted by the Secretary of the Senate to Grover G. Norquist, President of the Ronald Reagan Legacy Project.

MOTION

On motion of Senator Horn, the following resolution was adopted:

SENATE RESOLUTION 8723

By Senators Horn and Fraser

WHEREAS, It is the policy of the Washington State Legislature to recognize and honor the contributions of individuals and organizations that reflect standards of excellence that enhance the well-being and quality of life of the citizens of the state of Washington; and

WHEREAS, Toastmasters International is a leading movement in making effective oral communication a national and international reality for all persons; and

WHEREAS, Toastmasters International, through its member Toastmaster Clubs, helps men and women of all ages learn the art of speaking, listening, and thinking, vital skills that promote self-actualization, enhance leadership potential, foster human understanding, and contribute to the betterment of all mankind; and

WHEREAS, Toastmasters International, through its member Toastmaster Clubs, provides a mutually supportive and positive learning environment in which every member has the opportunity to develop the communication and leadership skills which foster self-confidence and personal growth; and

WHEREAS, Toastmasters International member Toastmaster Clubs usually meet each week for one to two hours and usually contain three main elements: Prepared speeches, impromptu speeches, and evaluations of speeches which provide feedback on the positive aspects of the speeches and friendly suggestions for improvement; and

WHEREAS, Toastmasters International, through its member Toastmaster Clubs, benefits individuals, companies, communities, and countries by providing potential leaders in all walks of life the skills, discipline, and confidence needed to succeed; and

WHEREAS, Toastmasters International currently has over 8,500 member Toastmaster Clubs worldwide made up of approximately 178,000 members with over 3,500 members in the state of Washington, and is growing by approximately two-hundred and fifty new members worldwide each day;

NOW, THEREFORE, BE IT RESOLVED, That the Senate honor the Toastmasters International, and its member Toastmaster Clubs, for the contributions they have provided the citizens of this state; and

BE IT FURTHER RESOLVED, That all persons be encouraged to participate in the beneficial programs Toastmasters International provides through its member Toastmaster Clubs during Toastmaster Week, February 3 through February 9, 2002; and

BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Karen Evons, DTM, Past District Governor, Toastmasters International, Washington State Toastmasters Club, District 2.

Senators Horn, Stevens and Hale spoke to Senate Resolution 8723.

INTRODUCTION OF SPECIAL GUESTS

The President Pro Tempore welcomed and introduced members of the local Toastmaster’s Clubs, who were seated in the gallery.

MOTION

On motion of Senator Costa, the Senate reverted to the sixth order of business.

SECOND READING

SENATE BILL NO. 6466, by Senators Gardner and Swecker

Modifying county treasurer administration provisions.

The bill was read the second time.

MOTION

On motion of Senator Costa, the rules were suspended, Senate Bill No. 6466 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6466.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6466 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Benton and Sheldon, B. - 2.

SENATE BILL NO. 6466, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Hewitt, Senator Honeyford was excused.

SECOND READING

SENATE BILL NO. 6236, by Senators West, Snyder and Gardner

Revising restrictions on mailings by legislators.

The bill was read the second time.

MOTION

On motion of Senator West, the rules were suspended, Senate Bill No. 6236 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6236.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6236 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.

Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.

Voting nay: Senators Hargrove and Morton - 2.

Excused: Senators Benton, Honeyford and Sheldon, B. - 3.

SENATE BILL NO. 6236, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6557, by Senators Kohl-Welles, Horn, Carlson, Shin, Jacobsen, Sheahan, McAuliffe, Parlette and B. Sheldon

Providing for the higher education coordinating board to select its chair and vice-chair.

The bill was read the second time.

MOTION

On motion of Senator Kohl-Welles, the rules were suspended, Senate Bill No. 6557 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6557.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6557 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Absent: Senator Keiser - 1.

Excused: Senators Benton and Sheldon, B. - 2.

SENATE BILL NO. 6557, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6242, by Senators Johnson and Kline

Modifying the definition of nonprobate asset.

The bill was read the second time.

MOTION

On motion of Senator Johnson, the rules were suspended, Senate Bill No. 6242 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6242.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6242 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Benton, Sheldon, B. - 2.

SENATE BILL NO. 6242, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Honeyford, Senator Johnson was excused.

MOTION

On motion of Senator Costa, the Senate advanced to the seventh order of business.

THIRD READING

SUBSTITUTE SENATE BILL NO. 5841, by Senate Committee on State and Local Government (originally sponsored by Senators Patterson, McCaslin, Gardner, Sheahan, T. Sheldon, Deccio, Haugen, Winsley and Hochstatter)

Establishing a schedule for review of comprehensive plans and development regulations adopted under the growth management act.

The bill was read the third time and placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5841.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5841 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 13; Absent, 0; Excused, 3.

Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Shin, Snyder, Spanel, Thibaudeau and Winsley - 33.

Voting nay: Senators Hale, Hewitt, Hochstatter, Honeyford, Morton, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 13.

Excused: Senators Benton, Johnson and Sheldon, B. - 3.

SUBSTITUTE SENATE BILL NO. 5841, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Hewitt, Senator Deccio was excused.

THIRD READING

SENATE BILL NO. 5523, by Senators Horn, Rossi and Snyder

Authorizing an offset for certain overpayments of tax concerning leased equipment.

The bill was read the third time and placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5523.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5523 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

Voting yea: Senators Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.

Absent: Senator McCaslin - 1.

Excused: Senators Benton, Deccio, Johnson and Sheldon, B. - 4.

SENATE BILL NO. 5523, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Honeyford, Senator McCaslin was excused.

THIRD READING

SUBSTITUTE SENATE BILL NO. 5028, by Senate Committee on Judiciary (originally sponsored by Senators Franklin and Regala)

Establishing the legal presumption of reasonable value from the certification of health care records.

The bill was read the third time and placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5028.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5028 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

Excused: Senators Benton, Deccio, McCaslin and Sheldon, B. - 4.

SUBSTITUTE SENATE BILL NO. 5028, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 11:42 a.m., on motion of Senator Costa, the Senate adjourned until 12:00 noon, Thursday, February 7, 2002.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate