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TWENTY-SIXTH DAY

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NOON SESSION

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Senate Chamber, Olympia, Friday, February 7, 2003

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

MOTION

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

REPORTS OF STANDING COMMITTEES

February 6, 2003

SB 5006             Prime Sponsor, Senator Jacobsen: Allowing nonconsumptive wildlife activities on public lands. Reported by Committee on Natural Resources, Energy and Water

      MAJORITY Recommendation: That Substitute Senate Bill No. 5006 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Fraser, Hale, Hargrove, Honeyford, Oke and Regala.

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5014             Prime Sponsor, Senator Honeyford: Authorizing a new subaccount in the public works assistance account. Reported by Committee on Natural Resources, Energy and Water

      MAJORITY Recommendation: Do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Fraser, Hale, Hargrove, Honeyford and Oke.

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5025             Prime Sponsor, Senator Honeyford: Concerning the relinquishment of water rights. Reported by Committee on Natural Resources, Energy and Water

      MAJORITY Recommendation: That Substitute Senate Bill No. 5025 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Hale, Hargrove, Honeyford and Oke.

MINORITY Recommendation: Do not pass substitute. Signed by Senators Fraser and Regala.

      Referred to Committee on Rules for second reading.

February 6, 2003

SB 5028             Prime Sponsor, Senator Morton: Clarifying the state's authority to regulate water pollution. Reported by Committee on Natural Resources, Energy and Water

      MAJORITY Recommendation: That Substitute Senate Bill No. 5028 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Hale, Honeyford and Oke.

MINORITY Recommendation: Do not pass substitute. Signed by Senators Doumit, Fraser, Hargrove and Regala.

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5073             Prime Sponsor, Senator Fraser: Adopting provisions for cooperative watershed management plans. Reported by Committee on Natural Resources, Energy and Water

      MAJORITY Recommendation: Do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Fraser, Hale, Hargrove, Honeyford, Oke and Regala.

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5086             Prime Sponsor, Senator Honeyford: Altering appeal procedures for water-related actions of the department of ecology. Reported by Committee on Natural Resources, Energy and Water

      MAJORITY Recommendation: That Substitute Senate Bill No. 5086 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Hale, Hargrove, Honeyford and Oke.

      MINORITY Recommendation: Do not pass substitute. Signed by Senators Fraser and Regala.

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5135             Prime Sponsor, Senator Carlson: Creating tuition surcharges. Reported by Committee on Higher Education

      MAJORITY Recommendation: That Substitute Senate Bill No. 5135 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Horn and Mulliken.

      Referred to Committee on Ways and Means.

February 6, 2003

SB 5148             Prime Sponsor, Senator Winsley: Providing confidentiality to certain insurance commissioner examinations. Reported by Committee on Financial Services, Insurance and Housing

      MAJORITY Recommendation: That Substitute Senate Bill No. 5148 be substituted therefor, and the substitute bill do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Keiser, Prentice, Reardon, Roach and Zarelli.

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5158             Prime Sponsor, Senator Carlson: Expanding the definition of resident student for purposes of higher education. Reported by Committee on Higher Education

      MAJORITY Recommendation: That Substitute Senate Bill No. 5158 be substituted therefor, and the substitute bill do pass. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Kohl-Welles, Mulliken, B. Sheldon and Shin.

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5224             Prime Sponsor, Senator Benton: Adding a rental housing owner to the affordable housing advisory board. Reported by Committee on Financial Services, Insurance and Housing

      MAJORITY Recommendation: Do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Keiser, Prentice, Reardon, Roach and Zarelli.

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5225             Prime Sponsor, Senator Benton: Providing rental assistance vouchers. Reported by Committee on Financial Services, Insurance and Housing

      MAJORITY Recommendation: That Substitute Senate Bill No. 5225 be substituted therefor, and the substitute bill do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Keiser, Prentice, Reardon, Roach and Zarelli.

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5247             Prime Sponsor, Senator Horn: Authorizing an alternative local option fuel tax. Reported by Committee on Highways and Transportation

      MAJORITY Recommendation: That Substitute Senate Bill No. 5247 be substituted therefor, and the substitute bill do pass. Signed by Senators Horn, Chair; Esser, Finkbeiner, Haugen, Jacobsen, Oke, Prentice and Spanel.

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

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5248             Prime Sponsor, Senator Horn: Achieving transportation workforce efficiencies. Reported by Committee on Highways and Transportation

      MAJORITY Recommendation: That Substitute Senate Bill No. 5248 be substituted therefor, and the substitute bill do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Finkbeiner, Haugen, Jacobsen, Oke and Spanel.

MINORITY Recommendation: Do not pass. Signed by Senator Prentice.

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5279             Prime Sponsor, Senator Prentice: Extending the expiration date of the transportation permit efficiency and accountability committee. Reported by Committee on Highways and Transportation

      MAJORITY Recommendation: Do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Finkbeiner, Haugen, Jacobsen, Mulliken, Oke, Prentice and Spanel.

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5299             Prime Sponsor, Senator Stevens: Concerning promotional service offerings. Reported by Committee on Technology and Communications

      MAJORITY Recommendation: That Substitute Senate Bill No. 5299 be substituted therefor, and the substitute bill do pass. Signed by Senators Esser, Chair; Finkbeiner, Vice Chair; Eide, Poulsen, Reardon, Schmidt and Stevens.

      Passed to Committee on Rules for second reading.

February 5, 2003

SB 5374             Prime Sponsor, Senator Roach: Administering funds received under the Help America Vote Act. Reported by Committee on Government Operations and Elections

      MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; McCaslin and Reardon.

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5384             Prime Sponsor, Senator West: Regulating utility services and connection charges for certain mobile home parks. Reported by Committee on Financial Services, Insurance and Housing

      MAJORITY Recommendation: That Substitute Senate Bill No. 5384 be substituted therefor, and the substitute bill do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Keiser, Prentice, Reardon, Roach and Zarelli.

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5389             Prime Sponsor, Senator Benton: Managing clean and sober housing. Reported by Committee on Financial Services, Insurance and Housing

      MAJORITY Recommendation: Do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Keiser, Prentice, Reardon, Roach and Zarelli.

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5422             Prime Sponsor, Senator Benton: Selling single premium credit insurance. Reported by Committee on Financial Services, Insurance and Housing

      MAJORITY Recommendation: Do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Keiser, Prentice, Reardon, Roach and Zarelli.

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5452             Prime Sponsor, Senator Winsley: Regulating check cashers and sellers. Reported by Committee on Financial Services, Insurance and Housing

      MAJORITY Recommendation: That Substitute Senate Bill No. 5452 be substituted therefor, and the substitute bill do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Keiser, Prentice, Reardon, Roach and Zarelli.

      Passed to Committee on Rules for second reading.

February 6, 2003

SB 5464             Prime Sponsor, Senator Finkbeiner: Prohibiting local governments from imposing business and occupation tax on intellectual property. Reported by Committee on Technology and Communications

      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Esser, Chair; Finkbeiner, Vice Chair; Eide, Poulsen, Reardon, Schmidt and Stevens.

      Referred to Committee on Ways and Means.

February 5, 2003

SB 5667             Prime Sponsor, Senator Roach: Clarifying elected officials' access to open public meetings. Reported by Committee on Government Operations and Elections

      MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Horn, McCaslin and Reardon.

      Passed to Committee on Rules for second reading.

February 6, 2003

HJM 4003          Prime Sponsor, Representative Wallace: Requesting increased borrowing authority for the Bonneville Power Administration.

      Passed to Committee on Rules for second reading.

MOTION

      On motion of Senator Parlette, Senate Bill No. 5025 was referred to the Committee on Rules.

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENT

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.

      Dave Fisher, reappointed January 17, 2003, for a term ending June 30, 2006, as a member of the Academic Achievement and Accountability Commission.

GARY LOCKE, Governor

      Referred to Committee on Education.

INTRODUCTION AND FIRST READING

SB 5705             by Senators Winsley, Thibaudeau, Carlson, Fraser and Shin (by request of Department of Services for the Blind)

AN ACT Relating to changing provisions on the department of services for the blind; amending RCW 74.18.010, 74.18.020, 74.18.050, 74.18.060, 74.18.070, 74.18.090, 74.18.110, 74.18.120, 74.18.130, 74.18.140, 74.18.150, 74.18.170, 74.18.180, 74.18.200, 74.18.210, and 74.18.230; adding new sections to chapter 74.18 RCW; and repealing RCW 74.18.160 and 74.18.250.

Referred to Committee on Government Operations and Elections.

SB 5706             by Senators Benton and Prentice

AN ACT Relating to defining security account under the uniform transfer on death security registration act; and amending RCW 21.35.005.

Referred to Committee on Financial Services, Insurance and Housing.

SB 5707             by Senators Benton and Prentice

AN ACT Relating to replevin; amending RCW 7.64.020, 7.64.035, and 7.64.045; and prescribing penalties.

Referred to Committee on Judiciary.

SB 5708             by Senators Franklin, Esser, Haugen, Thibaudeau, Kline and Kohl-Welles

AN ACT Relating to visitation rights for nonparents; amending RCW 26.09.240 and 26.10.160; adding a new section to chapter 26.10 RCW; creating a new section; and declaring an emergency.

Referred to Committee on Children and Family Services and Corrections.

SB 5709             by Senators Deccio, Thibaudeau, Franklin, Winsley and Shin (by request of Department of Social and Health Services and Department of Health)

AN ACT Relating to nursing practices in community-based and in-home care; amending RCW 18.79.040, 18.79.260, 18.88A.140, 18.88A.200, 18.88A.210, 18.88A.230, 70.127.010, 70.127.040, 70.127.120, 70.127.170, 69.41.010, and 69.41.085; and declaring an emergency.

Referred to Committee on Health and Long-Term Care.

SB 5710             by Senators Prentice, Fairley, T. Sheldon and Rasmussen

AN ACT Relating to supermarket club cards; adding a new section to chapter 19.86 RCW; and creating a new section.

Referred to Committee on Commerce and Trade.

SB 5711             by Senators Prentice, Fairley, T. Sheldon and Rasmussen

AN ACT Relating to private investigators' prohibited acts; and amending RCW 18.165.160.

Referred to Committee on Financial Services, Insurance and Housing.

SB 5712             by Senators Prentice, Fairley, Rasmussen and Kline

AN ACT Relating to privacy requirements for telecommunications companies; adding a new section to chapter 80.36 RCW; and creating a new section.

Referred to Committee on Technology and Communications.

SB 5713             by Senators Honeyford, Prentice, Hewitt, Rasmussen, Mulliken, Sheahan and Oke

AN ACT Relating to electrical contractors; amending RCW 19.28.101, 19.28.141, 19.28.010, 19.28.371, 18.106.070, 19.28.191, and 18.106.150; adding a new section to chapter 19.28 RCW; adding a new section to chapter 18.106 RCW; and prescribing penalties.

Referred to Committee on Commerce and Trade.

SB 5714             by Senators Benton and Prentice

AN ACT Relating to financial institution law parity; amending RCW 32.08.142, 32.08.146, and 32.32.500; reenacting and amending RCW 30.04.215; adding new sections to chapter 30.04 RCW; and adding new sections to chapter 32.08 RCW.

Referred to Committee on Financial Services, Insurance and Housing.

SB 5715             by Senators Benton, Prentice, Winsley and Oke

AN ACT Relating to the financial fraud alert act; adding a new chapter to Title 30 RCW; and declaring an emergency.

Referred to Committee on Financial Services, Insurance and Housing.

SB 5716             by Senators Prentice, Winsley, Benton, Kline, McCaslin and Rasmussen

AN ACT Relating to crimes involving drivers' licenses and identicards; amending RCW 46.20.0921; and prescribing penalties.

Referred to Committee on Financial Services, Insurance and Housing.

SB 5717             by Senators Winsley, Prentice and Benton

AN ACT Relating to possession of instruments or equipment of financial fraud; amending RCW 9A.56.280, 9A.56.290, and 9A.60.020; reenacting and amending RCW 9A.82.010, 9.94A.515, and 9.94A.515; adding new sections to chapter 9A.56 RCW; prescribing penalties; providing an effective date; and providing an expiration date.

Referred to Committee on Financial Services, Insurance and Housing.

SB 5718             by Senators Winsley, Prentice, Roach, Fairley, Kastama, Fraser, Keiser, Kline, Shin, Kohl-Welles, Thibaudeau, Regala, B. Sheldon, Reardon, Brown, Hargrove, Franklin, Spanel, McAuliffe, Jacobsen, Haugen, Rasmussen, Doumit and Schmidt

AN ACT Relating to exempting bank account, social security, and credit card numbers from public disclosure; reenacting and amending RCW 42.17.310; and creating a new section.

Referred to Committee on Financial Services, Insurance and Housing.

SB 5719             by Senators Winsley, Prentice, Benton, Finkbeiner and Shin

AN ACT Relating to fraudulent use of a credit card scanning device; amending RCW 9A.56.280 and 9A.56.290; reenacting and amending RCW 9.94A.515 and 9.94A.515; prescribing penalties; providing an effective date; and providing an expiration date.

Referred to Committee on Financial Services, Insurance and Housing.

SB 5720             by Senators Winsley, Prentice, Benton, Kline and Rasmussen

AN ACT Relating to identifying users of credit and debit cards; adding a new section to chapter 19.192 RCW; and creating a new section.

Referred to Committee on Financial Services, Insurance and Housing.

SB 5721             by Senators Winsley, Deccio, Thibaudeau, Swecker, Morton, Esser, Zarelli, McCaslin, Kohl-Welles, Stevens and Oke

AN ACT Relating to prescription drugs; adding new sections to chapter 74.09 RCW; and creating a new section.

Referred to Committee on Health and Long-Term Care.

SB 5722             by Senators Deccio, Winsley, Swecker, Oke, T. Sheldon, Hewitt, Horn, Morton, Carlson, Honeyford, Mulliken, Schmidt, Johnson, Thibaudeau, Zarelli, Finkbeiner, Roach, Benton, McCaslin, Rasmussen and Kohl-Welles

AN ACT Relating to prescription drug access; adding new sections to chapter 41.05 RCW; and creating a new section.

Referred to Committee on Health and Long-Term Care.

SB 5723             by Senators Haugen and Stevens

AN ACT Relating to requests for postconviction DNA testing; and amending RCW 10.73.170.

Referred to Committee on Children and Family Services and Corrections.

SB 5724             by Senators Fairley, Kohl-Welles, Prentice, Thibaudeau, Fraser, Regala and Oke

AN ACT Relating to placing aversive agents in antifreeze; and adding a new section to chapter 70.106 RCW.

Referred to Committee on Agriculture.

SB 5725             by Senators Zarelli, T. Sheldon, Carlson, Reardon, Benton, Hewitt, Winsley, Hale, Sheahan, Honeyford, Finkbeiner, Johnson and West

AN ACT Relating to providing tax incentives to support the semiconductor cluster in Washington state; amending RCW 82.04.260, 82.04.240, and 82.04.280; adding new sections to chapter 82.08 RCW; adding new sections to chapter 82.12 RCW; adding a new section to chapter 82.04 RCW; adding a new section to chapter 84.36 RCW; adding a new section to chapter 82.32 RCW; creating new sections; providing an effective date; and providing expiration dates.

Referred to Committee on Economic Development.

SB 5726             by Senators Morton, Rasmussen, Brandland, Parlette, Swecker and Jacobsen

AN ACT Relating to eligibility to be a director of a cooperative association; and amending RCW 23.86.080.

Referred to Committee on Commerce and Trade.

SB 5727             by Senators Swecker, Jacobsen, Oke, Winsley, Deccio, Johnson, Haugen, Brandland, Stevens, Hewitt, Zarelli, Prentice, Sheahan, Schmidt, Honeyford, Mulliken, West and Rasmussen

AN ACT Relating to the Distinguished Flying Cross license plate; amending RCW 46.16.290 and 46.16.313; 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 5728             by Senators Brandland, McCaslin, T. Sheldon, Deccio, Schmidt, Parlette and Hale

AN ACT Relating to civil liability reform; amending RCW 4.22.070, 4.22.015, 4.56.115, 4.56.110, 4.56.250, 7.70.070, 4.16.350, 7.70.080, 7.70.030, 7.70.060, 46.61.688, 4.92.090, and 4.96.010; adding a new section to chapter 4.24 RCW; adding a new section to chapter 4.28 RCW; adding a new section to chapter 7.04 RCW; adding a new section to chapter 7.70 RCW; adding a new section to chapter 4.16 RCW; adding new sections to chapter 43.20A RCW; adding new sections to chapter 72.09 RCW; creating new sections; and providing a contingent effective date.

Referred to Committee on Judiciary.

SB 5729             by Senators West, Brown, Sheahan, Reardon and Schmidt

AN ACT Relating to economic development; adding a new section to chapter 82.14 RCW; and creating a new section.

Referred to Committee on Economic Development.

MOTION

      On motion of Senator Parlette, Senate Bill No. 5708 and Senate Bill No. 5723 were referred to the Committee on Children and Family Services and Corrections.

MOTION

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

SENATE RESOLUTION 8613

By Senators Fairley, McAuliffe, Kohl-Welles, Spanel, Eide, Prentice, Regala and Jacobsen