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TWENTY-NINTH DAY

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NOON SESSION

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Senate Chamber, Olympia, Monday, February 10, 2003

      The Senate was called to order at 12:00 noon by President Owen. No roll call was taken.


MOTION


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

 

REPORTS OF STANDING COMMITTEES

                                                                                                                                                                                                    February 7, 2003

SB 5021             Prime Sponsor, Senator T. Sheldon: Prohibiting the use of sick leave benefits, compensation, or health benefits for educational employees during a strike or work stoppage. Reported by Committee on Commerce and Trade

 

MAJORITY Recommendation: Do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair and Mulliken.


      MINORITY Recommendation: Do not pass. Signed by Senators Franklin and Keiser.


      Passed to Committee on Rules for second reading.


February 7, 2003

SB 5155             Prime Sponsor, Senator Mulliken: Prohibiting strikes by educational employees. Reported by Committee on Commerce and Trade


      MAJORITY Recommendation: That Substitute Senate Bill No. 5155 be substituted therefor, and the substitute bill do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair and Mulliken.


      MINORITY Recommendation: Do not pass. Signed by Senators Franklin and Keiser.


      Passed to Committee on Rules for second reading.


February 7, 2003

SB 5167             Prime Sponsor, Senator Regala: Modifying trust account provisions for sellers of travel. Reported by Committee on Commerce and Trade

 

MAJORITY Recommendation: Do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin and Keiser.


      Passed to Committee on Rules for second reading.


February 7, 2003

SB 5213             Prime Sponsor, Senator Carlson: Authorizing removal of vehicles from restricted parking zones. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5213 be substituted therefor, and the substitute bill do pass. Signed by Senators Esser, Vice Chair; Brandland, Hargrove, Johnson, Kline and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 7, 2003

SB 5265             Prime Sponsor, Senator Thibaudeau: Allowing limited marketing of bottled wine at farmers markets. Reported by Committee on Commerce and Trade


      MAJORITY Recommendation: That Substitute Senate Bill No. 5265 be substituted therefor, and the substitute bill do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.


      Passed to Committee on Rules for second reading.


February 7, 2003

SB 5290             Prime Sponsor, Senator West: Authorizing the horse racing commission to continue receiving criminal history information. Reported by Committee on Commerce and Trade


      MAJORITY Recommendation: That Substitute Senate Bill No. 5290 be substituted therefor, and the substitute bill do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.


      Passed to Committee on Rules for second reading.


February 7, 2003

SB 5363             Prime Sponsor, Senator Hale: Providing an ongoing funding source for the community economic revitalization board's financial assistance programs. Reported by Committee on Economic Development


      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators T. Sheldon, Chair; Zarelli, Vice Chair; Benton, Hale, Kohl-Welles, Schmidt, B. Sheldon and Shin.


      Referred to Committee on Ways and Means.


February 7, 2003

SB 5396             Prime Sponsor, Senator McCaslin: Enforcing conditions in deferred prosecutions. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5396 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Johnson, Kline, Roach and Thibaudeau.


      Passed to Committee on Rules for second reading.


MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

 

August 6, 2001

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

      Merritt Long, appointed August 6, 2001, for a term ending January 15, 2005, as Chair of the Liquor Control Board.

GARY LOCKE, Governor

      Referred to Committee on Commerce and Trade.


January 17, 2003

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.

      Donna Dockter, reappointed January 17, 2003, for a term ending January 19, 2007, as a member of the Board of Pharmacy.

GARY LOCKE, Governor

      Referred to Committee on Health and Long-Term Care.


January 22, 2003

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

      Tari Eitzen, appointed January 22, 2003, for a term ending August 2, 2006, as a member of the Sentencing Guidelines Commission.

GARY LOCKE, Governor

      Referred to Committee on Judiciary.


January 23, 2003

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

      Marsha Long, appointed January 23, 2003, for a term ending January 4, 2009, as a member of the Personnel Resources Board.

GARY LOCKE, Governor

      Referred to Committee on Government Operations and Elections.


MESSAGE FROM THE HOUSE


February 7, 2003

MR. PRESIDENT:

      The House has passed:

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1214,

      HOUSE CONCURRENT RESOLUTION NO. 4402, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk


MESSAGE FROM THE HOUSE

February 7, 2003

MR. PRESIDENT:

      The Speaker has signed SENATE BILL NO. 5001, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk


INTRODUCTION AND FIRST READING

 

SB 5730             by Senators Deccio, Thibaudeau, Parlette, Rossi, Keiser and Winsley

 

AN ACT Relating to eligibility for long-term care services under the medical assistance program; adding new sections to chapter 74.39A RCW; creating a new section; providing an effective date; and declaring an emergency.

 

Referred to Committee on Health and Long-Term Care.



 

SB 5731             by Senators Roach, Sheahan, Rasmussen, Haugen and Benton

 

AN ACT Relating to branch of service license plates; amending RCW 46.16.290, 46.16.313, and 46.16.316; adding a new section to chapter 46.04 RCW; adding new sections to chapter 46.16 RCW; and creating a new section.

 

Referred to Committee on Highways and Transportation.

 

SB 5732             by Senators Deccio, Rasmussen, Brandland and Winsley

 

AN ACT Relating to in-home long-term care services liability; and amending RCW 4.22.070, 74.39A.095, and 74.39A.270.

 

Referred to Committee on Health and Long-Term Care.

 

SB 5733             by Senators Winsley, Thibaudeau and Kohl-Welles

 

AN ACT Relating to fairness and protection in boarding homes and adult family homes; amending RCW 18.20.020, 18.20.050, 18.20.110, 18.20.115, 18.20.120, 18.20.125, 18.20.185, 18.20.190, 18.20.195, 70.128.060, 70.128.080, 70.128.090, 70.128.160, 74.39A.009, 74.39A.050, 74.39A.060, and 74.39A.080; reenacting and amending RCW 18.20.010 and 70.128.010; and prescribing penalties.

 

Referred to Committee on Health and Long-Term Care.

 

SB 5734             by Senators Finkbeiner, Reardon, Schmidt, Poulsen, Eide, Stevens, Winsley and Esser

 

AN ACT Relating to commercial electronic mail; amending RCW 19.190.010 and 19.190.040; adding new sections to chapter 19.190 RCW creating a new section; and prescribing penalties.

 

Referred to Committee on Technology and Communications.

 

SB 5735             by Senators Eide, Winsley, T. Sheldon, Oke, Doumit and McCaslin

 

AN ACT Relating to adjusting the limit applicable to the contracting of public works by a special purpose water-sewer district; and amending RCW 57.08.050.

 

Referred to Committee on Government Operations and Elections.

 

SB 5736             by Senators Fraser, Finkbeiner, Kline, Kohl-Welles, Franklin, Winsley, Schmidt and Shin

 

AN ACT Relating to state government as a leader in clean energy consumption; amending RCW 43.19.570, 43.21F.015, and 43.21F.045; reenacting and amending RCW 43.19.1905; adding new sections to chapter 43.21F RCW; adding a new section to chapter 43.19 RCW; and creating a new section.

 

Referred to Committee on Natural Resources, Energy and Water.

 

SB 5737             by Senators Benton and Prentice

 

AN ACT Relating to reporting abandoned property; and amending RCW 63.29.170 and 63.29.140.

 

Referred to Committee on Financial Services, Insurance and Housing.

 

SB 5738             by Senator Kastama

 

AN ACT Relating to the mobile home landlord-tenant act; and amending RCW 59.20.030, 59.20.070, 59.20.073, and 59.20.080.

 

Referred to Committee on Financial Services, Insurance and Housing.

 

SB 5739             by Senators Kline, Esser and Kohl-Welles

 

AN ACT Relating to endangerment with a controlled substance; amending RCW 9.94A.518; reenacting and amending RCW 9.94A.515; and providing an effective date.

 

Referred to Committee on Judiciary.

 

SB 5740             by Senator Morton

 

AN ACT Relating to gray wolf management; and adding a new section to chapter 77.12 RCW.

 

Referred to Committee on Parks, Fish and Wildlife.





 

SB 5741             by Senators Eide, Roach, Franklin, Keiser, Regala, Fraser, Spanel, Jacobsen and Kohl-Welles

 

AN ACT Relating to increased coordination between the Puget Sound action team and other governmental entities; amending RCW 90.71.005, 90.71.010, 90.71.020, 90.71.040, 90.71.050, 90.71.060, 90.71.070, 90.71.090, 43.63A.247, 90.71.100, 28B.30.632, 70.118.090, 79.90.550, and 90.48.260; creating a new section; and repealing RCW 90.71.902.

 

Referred to Committee on Government Operations and Elections.

 

SB 5742             by Senators Honeyford, Benton and Esser

 

AN ACT Relating to procedures for rehiring retirees of the public employees' retirement system plan 1 and the teachers' retirement system plan 1; amending RCW 41.32.570, 41.40.037, 43.09.050, 43.09.245, 43.09.260, and 43.09.290; adding a new section to chapter 41.04 RCW; repealing 2001 c 317 s 1; and providing an expiration date.

 

Referred to Committee on Ways and Means.

 

SB 5743             by Senators Benton, Honeyford, T. Sheldon, Rasmussen, Schmidt, Stevens and Esser

 

AN ACT Relating to procedures for rehiring public employee retirees; amending RCW 41.40.037 and 43.09.050; adding a new section to chapter 41.04 RCW; adding new sections to chapter 43.09 RCW; repealing 2001 c 317 s 1; and providing expiration dates.

 

Referred to Committee on Ways and Means.

 

SB 5744             by Senators Esser, Kline and Roach

 

AN ACT Relating to alcohol-related offenses; and amending RCW 10.05.140 and 46.20.720.

 

Referred to Committee on Judiciary.

 

SB 5745             by Senators Schmidt and Reardon

 

AN ACT Relating to equipment placed in vehicle interiors; and adding a new section to chapter 46.37 RCW.

 

Referred to Committee on Highways and Transportation.

 

SB 5746             by Senators Schmidt, Oke, Horn and Finkbeiner

 

AN ACT Relating to laying hens; amending RCW 16.52.185; and adding a new section to chapter 16.52 RCW.

 

Referred to Committee on Agriculture.

 

SB 5747             by Senators Schmidt, Finkbeiner, Poulsen, Esser, Stevens and Eide

 

AN ACT Relating to supervision of elections in charter counties; and amending RCW 36.16.030.

 

Referred to Committee on Government Operations and Elections.

 

SB 5748             by Senators Finkbeiner, Haugen, Horn, Spanel, Jacobsen, Swecker, Benton, Hale, Kohl-Welles, Oke, Rasmussen, Esser, Schmidt and Shin

 

AN ACT Relating to transportation-related performance audits; adding a new section to chapter 44.40 RCW; adding a new chapter to Title 44 RCW; creating a new section; and declaring an emergency.

 

Referred to Committee on Highways and Transportation.

 

SB 5749             by Senators Hargrove, Stevens and Rasmussen (by request of Indeterminate Sentence Review Board)

 

AN ACT Relating to hearings concerning violations by sex offenders of postrelease conditions; and amending RCW 9.95.435.

 

Referred to Committee on Children and Family Services and Corrections.

 

SB 5750             by Senators Esser, Oke, T. Sheldon, Hale and Swecker (by request of Commissioner of Public Lands Sutherland)

 

AN ACT Relating to the creation of the legacy trust for recreation and conservation; amending RCW 43.30.115, 79.66.070, and 82.29A.040; reenacting and amending RCW 84.33.140 and 84.34.108; adding a new chapter to Title 79 RCW; repealing RCW 84.33.120; and declaring an emergency.

 

Referred to Committee on Parks, Fish and Wildlife.




 

SB 5751             by Senator Hargrove

 

AN ACT Relating to sales of valuable materials; amending RCW 79.01.184 and 79.01.200; and reenacting and amending RCW 79.01.132.

 

Referred to Committee on Natural Resources, Energy and Water.

 

SB 5752             by Senator Roach

 

AN ACT Relating to housing; and amending RCW 19.85.011, 19.85.020, 19.85.025, 19.85.030, 19.85.040, 19.85.050, and 19.85.070.

 

Referred to Committee on Government Operations and Elections.

 

SB 5753             by Senators Deccio, Reardon and Winsley

 

AN ACT Relating to reducing regulatory burdens to health carriers regarding state data collection and compliance auditing requirements; amending RCW 41.05.075, 48.43.505, 48.43.510, 48.43.515, 48.43.520, 48.43.530, and 70.02.900; reenacting and amending RCW 74.09.522; and adding a new section to chapter 70.47 RCW.

 

Referred to Committee on Health and Long-Term Care.

 

SJR 8215           by Senators Carlson, Eide, Winsley, McAuliffe, Kohl-Welles, Thibaudeau, Rasmussen, Schmidt and Shin (by request of Governor Locke)

 

Amending the Constitution to provide for a simple majority of voters voting to authorize school district levies.

 

Referred to Committee on Education.


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

E2SHB 1214      by House Committee on Appropriations (originally sponsored by Representatives Cody, Pflug, Conway, Cooper, McCoy, Berkey, Veloria, Schual-Berke, Bush, Lovick, Hunt, Campbell, Kirby, Hudgins, Dickerson, Pettigrew, Pearson, Wood, Fromhold, Upthegrove, Schindler, McDermott, Wallace, Rockefeller, Morrell, Simpson, Anderson, McMahan, Darneille, Chase, Woods and Clements) (by request of Governor Locke)


      Referred to Committee on Health and Long-Term Care.

 

HCR 4402          by Representatives Kessler, DeBolt and Hankins

 

Remembering former legislators.


MOTION


      On motion of Senator Sheahan, the rules were suspended, House Concurrent Resolution No. 4402 was advanced to second reading and placed on the second reading calendar.


MOTION


      On motion of Senator Sheahan, the Senate advanced to the sixth order of business.


SECOND READING


      HOUSE CONCURRENT RESOLUTION NO. 4402, by Representatives Kessler, DeBolt and Hankins.


      Remembering former legislators.


      The concurrent resolution was read the second time.


HOUSE CONCURRENT RESOLUTION NO. 4402


      WHEREAS, A number of former members of the Senate and the House of Representatives of the State of Washington have passed from this life, leaving a record of service to the people; and

      WHEREAS, It has been a custom at each session of the Legislature to hold a memorial service in order to pay special and fitting tribute to the lives and services of these valued public servants and to express our sympathies to their bereaved families;

      NOW, THEREFORE, BE IT RESOLVED, By the House of Representatives of the State of Washington, the Senate concurring, that in recognition of the valued services rendered to the State by these eminent citizens, the Senate and the House of Representatives shall meet in Joint Session and that an appropriate service be held at the Olympia High School auditorium on Thursday, February 20, 2003, at 1:00 p.m., that their bereaved families be invited to attend the memorial service, and that an opportunity be given for tribute to their memories; and

      BE IT FURTHER RESOLVED, That two members of the House of Representatives, to be appointed by the Speaker of the House of Representatives, together with two members of the Senate, to be appointed by the President of the Senate, act as a Joint Committee to arrange for the memorial service.


MOTION


      On motion of Senator Sheahan, the rules were suspended, House Concurrent Resolution No. 4402 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.

      HOUSE CONCURRENT RESOLUTION NO. 4402 was adopted by voice vote.


APPOINTMENT OF SPECIAL COMMITTEE


      President Owen appointed Senator Winsley and Senator Jacobsen to join a like committee from the House to act as a joint committee to arrange for the memorial service.


MOTION


      On motion of Senator Sheahan, the appointments were confirmed.


MOTION


      At 12:06 p.m., on motion of Senator Sheahan, the Senate adjourned until 10:00 a.m., Tuesday, February 11, 2003.


BRAD OWEN, President of the Senate


MILTON H. DOUMIT, Jr., Secretary of the Senate