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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