NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.

THIRTY-SECOND DAY

------------

NOON SESSION

------------

Senate Chamber, Olympia, Thursday, February 13, 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 FROM STANDING COMMITTEES

February 13, 2003

SB 5123             Prime Sponsor, Senator Johnson: Revising the Washington business corporation act. Reported by Committee on Judiciary

      MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Johnson, Kline and Thibaudeau.

      Passed to Committee on Rules for second reading.

February 12, 2003

SB 5229             Prime Sponsor, Senator Haugen: Separating training for two and three-wheeled motorcycles. Reported by Committee on Highways and Transportation

      MAJORITY Recommendation: That Substitute Senate Bill No. 5229 be substituted therefor, and the substitute bill do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Finkbeiner, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Mulliken, Oke, Prentice and Spanel.

      Passed to Committee on Rules for second reading.

February 11, 2003

SB 5273             Prime Sponsor, Senator Roach: Extending the use of veterans' scoring criteria in employment examinations. Reported by Committee on Government Operations and Elections

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

      Passed to Committee on Rules for second reading.

February 11, 2003

SB 5276             Prime Sponsor, Senator Roach: Funding oral history and archives activities. Reported by Committee on Government Operations and Elections

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

      Referred to Committee on Ways and Means.

February 12, 2003

SB 5336             Prime Sponsor, Senator Esser: Changing the membership of the commission on judicial conduct. Reported by Committee on Judiciary

      MAJORITY Recommendation: That Substitute Senate Bill No. 5336 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline, Roach and Thibaudeau.

      Passed to Committee on Rules for second reading.

February 12, 2003

SB 5355             Prime Sponsor, Senator Brandland: Eliminating voluntary intoxication as a consideration for mental state. Reported by Committee on Judiciary

      MAJORITY Recommendation: That Substitute Senate Bill No. 5355 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson and Roach.

      Passed to Committee on Rules for second reading.

February 11, 2003

SB 5463             Prime Sponsor, Senator Roach: Authorizing a pilot project for military and overseas voters to vote over the Internet. Reported by Committee on Government Operations and Elections

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

      Passed to Committee on Rules for second reading.

February 12, 2003

SB 5520             Prime Sponsor, Senator Haugen: Authorizing the ferry system to use alternative public works contracting procedures. Reported by Committee on Highways and Transportation

      MAJORITY Recommendation: That Substitute Senate Bill No. 5520 be substituted therefor, and the substitute bill do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Finkbeiner, Haugen, Jacobsen, Kastama, Mulliken, Oke, Prentice and Spanel.

      Passed to Committee on Rules for second reading.

February 12, 2003

SB 5741             Prime Sponsor, Senator Eide: Increasing coordination between the Puget Sound action team and other governmental entities. Reported by Committee on Government Operations and Elections

      MAJORITY Recommendation: That the bill be referred to Committee on Natural Resources, Energy and Water without recommendation. Signed by Senators Roach, Chair; Stevens, Vice Chair; Kastama and Reardon.

      Referred to Committee on Natural Resources, Energy and Water..

February 12, 2003

SB 5769             Prime Sponsor, Senator Horn: Authorizing bond authority for regional transportation investment districts. Reported by Committee on Highways and Transportation

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

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

      Passed to Committee on Rules for second reading.

February 12, 2003

SJM 8007           Prime Sponsor, Senator Fraser: Urging adoption of a treaty fighting discrimination against women. Reported by Committee on Judiciary

      MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Haugen, Kline and Thibaudeau.

      Passed to Committee on Rules for second reading.

February 12, 2003

SJR 8209           Prime Sponsor, Senator Esser: Changing the membership of the commission on judicial conduct. Reported by Committee on Judiciary

      MAJORITY Recommendation: That Substitute Senate Joint Resolution No. 8209 be substituted therefor, and the substitute joint resolution do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline, Roach and Thibaudeau.

      Passed to Committee on Rules for second reading.

MOTION

      On motion of Sheahan, Senate Bill No. 5276 was referred to the Committee on Ways and Means.

MESSAGE FROM THE GOVERNOR

February 12, 2003

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to advise you that on February 12, 2003, Governor Locke approved the following bill entitled:

      Senate Bill No. 5001

      Relating to assault as a predicate for felony murder.

Sincerely,

JENNIFER JOLY, General Counsel

MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

July 10, 2002

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.

      James L. Peters, to be reappointed July 16, 2002, for a term ending July 15, 2006, as a member of the Salmon Recovery Funding Board.

GARY LOCKE, Governor

      Referred to Committee on Parks, Fish and Wildlife.

August 1, 2002

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.

      Elmer J. Ward, to be reappointed October 1, 2002, for a term ending September 30, 2007, as a member of the Board of Trustees for Yakima Valley Community College District No. 16.

GARY LOCKE, Governor

      Referred to Committee on Higher Education.

October 8, 2002

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.

      Paul R. Calderon, reappointed October 8, 2002, for a term ending October 1, 2006, as a member of the Small Business Export Finance Assistance Center Board of Directors.

GARY LOCKE, Governor

      Referred to Committee on Commerce and Trade.

MESSAGES FROM STATE AGENCIES

STATE OF WASHINGTON

Department of Social and Health Services

Olympia, WA 98504-5000

February 5, 2003

Mr. Milt Doumit

Secretary of the Senate

PO Box 40482

Olympia, WA 98504-0482

Dear Mr. Doumit:

      Enclosed is the department’s Report to the Legislature entitled “Adequacy of Case Mix in determining Nursing Home Payments.” It is mandated under Chapter 8, Laws of 2001, Section 18 (3).

      The report will be posted within the week at http://www1.dshs.wa.gov/legrel/reportsindex.htm for reviewing and printing as needed.

      Please call Tom Kearns at (360) 725-2499 if you have questions regarding the report.

Sincerely,

DENNIS BRADDOCK, Secretary

      The Department of Social and Health Services Report on “Adequacy of Case Mix in determining Nursing Home Payments” is on file in the Office of the Secretary of the Senate.

STATE OF WASHINGTON

Office of Financial Management

Insurance Building, PO Box 43113

Olympia, WA 98504-3113

February 11, 2003

Milt Doumit

Secretary of the Senate

PO Box 40482

Olympia, WA 98504-0482

Dear Secretary Doumit:

      The 2002 Supplemental Budget (Substitute Senate Bill 6387) directed the Office of Financial Management (OFM) to conduct performance audits on state construction practices and contracting practices, as well as an assessment and performance scoring of state agencies. I am hereby transmitting copies of those final reports.

      If you have any questions, please contact Jim Hedrick at 902-0647.

Sincerely,

MARTY BROWN, Director

      The Office of Financial Management Report regarding conduct performance audits on state construction practices and contracting practices is on file in the Office of the Secretary of the Senate.

WASHINGTON STATE AUDITOR

BRIAN SONNTAG

February 10, 2003

Dear citizens, policymakers and other interested parties:

      We are pleased to issue our 2002 statewide report on state government accountability.

      This report looks at what we found during our audits in 2002. It reflects our continuing efforts to look at issues on a statewide, rather than agency-by-agency basis. We believe this approach gives a more balanced and comprehensive view of state government operations.

      In 2002, we continued to look at whether people receiving benefits from the state were eligible to do so; state contracts; and controls over cash-handling and computer access, among other areas. We did identify several areas in which improvements could be made, and also recognized areas in which agencies had made improvements. We appreciate our good working relationship with agencies that want to ensure they are accounting for precious public dollars.

      Finally, I would like to thank our staff for their diligence and professionalism as they go about their work each day, finding issues and making suggestions for improvements to agencies’ financial operations. Their expertise is invaluable to the state’s citizens.

      I hope you find this report useful. I encourage you to contact our office with any questions or comments you may have.

Sincerely,

BRIAN SONNTAG, CGFM

STATE AUDITOR

      The State Auditor’s 2002 Statewide Report on State Government Accountability is on file in the Office of the Secretary of the Senate.

MESSAGE FROM THE HOUSE

February 12, 2003

MR. PRESIDENT:

      The Speaker has signed HOUSE CONCURRENT RESOLUTION NO. 4402, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MESSAGE FROM THE HOUSE

February 12, 2003

MR. PRESIDENT:

      The House has passed:

      HOUSE BILL NO. 1045,

      SUBSTITUTE HOUSE BILL NO. 1057,

      SUBSTITUTE HOUSE BILL NO. 1058,

      HOUSE BILL NO. 1083,

      HOUSE BILL NO. 1144,

      HOUSE BILL NO. 1170,

      SUBSTITUTE HOUSE BILL NO. 1189,

      HOUSE BILL NO. 1198,

      HOUSE BILL NO. 1203,

      HOUSE BILL NO. 1206,

      HOUSE BILL NO. 1207,

      HOUSE BILL NO. 1208,

      SUBSTITUTE HOUSE BILL NO. 1227,

      HOUSE BILL NO. 1280,

      HOUSE BILL NO. 1289,

      SUBSTITUTE HOUSE BILL NO. 1340,

      SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4005, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MESSAGE FROM THE HOUSE

February 12, 2003

MR. PRESIDENT:

      The House has passed:

      ENGROSSED HOUSE BILL NO. 1010,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1033, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

SIGNED BY THE PRESIDENT

      The President signed:

      HOUSE CONCURRENT RESOLUTION 4402.

INTRODUCTION AND FIRST READING

SB 5800             by Senators Brown, Sheahan, B. Sheldon, Finkbeiner, Doumit, Reardon, McCaslin, Keiser, Kohl-Welles, McAuliffe, Rasmussen, Schmidt, Shin, Thibaudeau and Winsley

AN ACT Relating to establishing the economic development commission; amending RCW 43.330.040; and adding a new chapter to Title 43 RCW.

Referred to Committee on Economic Development.

SB 5801             by Senators Winsley, Benton, Kastama, Reardon and Schmidt

AN ACT Relating to job order contracting for public works; amending RCW 39.10.020, 39.08.030, 39.30.060, 60.28.011, and 39.10.902; adding a new section to chapter 39.10 RCW; and adding new sections to chapter 39.12 RCW.

Referred to Committee on Government Operations and Elections.

SB 5802             by Senators Mulliken and T. Sheldon

AN ACT Relating to fire protection districts; amending RCW 35A.14.380; and repealing RCW 35.02.200, 35.02.202, 35.02.205, and 35A.14.400.

Referred to Committee on Land Use and Planning.

SB 5803             by Senators Esser, Prentice and Keiser

AN ACT Relating to making an assault on a peace officer a most serious offense; reenacting and amending RCW 9.94A.030; and prescribing penalties.

Referred to Committee on Judiciary.

SB 5804             by Senators Keiser, Thibaudeau, Kline and Kohl-Welles

AN ACT Relating to creating a joint underwriting association for gynecologists and obstetricians; and adding a new chapter to Title 48 RCW.

Referred to Committee on Health and Long-Term Care.

SB 5805             by Senators Swecker, Oke, Stevens, Spanel, Roach, Horn, Morton, Doumit, Honeyford and Sheahan

AN ACT Relating to the Skagit watershed; and creating new sections.

Referred to Committee on Parks, Fish and Wildlife.

SB 5806             by Senators Esser, Kastama, Haugen, Horn, Reardon and Sheahan

AN ACT Relating to assumption by a city of a water-sewer district; and adding a new section to chapter 35.13A RCW.

Referred to Committee on Land Use and Planning.

SB 5807             by Senators Parlette, Deccio, Brandland, Mulliken, Carlson, Honeyford, Hewitt, Stevens, Oke, Sheahan and Winsley

AN ACT Relating to the basic health plan; amending RCW 70.47.010, 70.47.020, 70.47.030, 70.47.040, 70.47.060, 70.47.100, and 70.47.130; reenacting and amending RCW 48.43.005; adding new sections to chapter 70.47 RCW; repealing RCW 70.47.015, 70.47.080, 70.47.090, and 70.47.115; and declaring an emergency.

Referred to Committee on Health and Long-Term Care.

SB 5808             by Senators Morton, Sheahan, Honeyford, Deccio, Hewitt and Mulliken

AN ACT Relating to making interest arbitration panel determinations; amending RCW 41.56.465 and 41.56.492; and creating a new section.

Referred to Committee on Commerce and Trade.

SB 5809             by Senators Hale, Fraser, Finkbeiner, Kohl-Welles, Eide, Kline and Winsley

AN ACT Relating to the property taxation of organizations operated exclusively for art, scientific, or historical purposes or engaged in the production and performance of musical, dance, artistic, dramatic, or literary works; amending RCW 84.36.060 and 84.36.805; and creating a new section.

Referred to Committee on Ways and Means.

SB 5810             by Senators Benton and Prentice

AN ACT Relating to borrowing money by domestic mutual insurers; and amending RCW 48.09.320.

Referred to Committee on Financial Services, Insurance and Housing.

SB 5811             by Senators Hargrove, Stevens and McAuliffe

AN ACT Relating to the involvement of the birth family in foster care; amending RCW 13.34.260; and creating a new section.

Referred to Committee on Children and Family Services and Corrections.

SB 5812             by Senators Horn, Haugen, Swecker, Finkbeiner and Shin

AN ACT Relating to driving in the left lane; and amending RCW 46.61.100 and 46.61.425.

Referred to Committee on Highways and Transportation.

SB 5813             by Senators Reardon, Keiser, Kline and Jacobsen

AN ACT Relating to capital rate add-on payments for boarding homes; adding a new section to chapter 74.39A RCW; and declaring an emergency.

Referred to Committee on Health and Long-Term Care.

SB 5814             by Senators Brandland, Roach, Thibaudeau, Schmidt, Spanel, Honeyford, Jacobsen, Rasmussen, B. Sheldon and Winsley

AN ACT Relating to school day requirements for graduating seniors; and amending RCW 28A.150.220.

Referred to Committee on Education.

SB 5815             by Senators Oke, Franklin, Hale, Fraser, Sheahan and Brandland

AN ACT Relating to local public health threats; and creating new sections.

Referred to Committee on Health and Long-Term Care.

SB 5816             by Senator Finkbeiner

AN ACT Relating to protecting persons who provide volunteer emergency services; and adding a new section to chapter 4.24 RCW.

Referred to Committee on Judiciary.

SB 5817             by Senators Finkbeiner, Johnson, Schmidt and Mulliken

AN ACT Relating to driver training schools; amending RCW 46.20.100, 46.82.280, 46.82.300, 46.82.310, 46.82.320, 46.82.350, and 46.82.360; reenacting and amending RCW 46.20.055 and 46.20.070; adding a new section to chapter 46.82 RCW; adding a new section to chapter 28A.220 RCW; and repealing RCW 28A.220.010, 28A.220.020, 28A.220.030, 28A.220.050, 28A.220.060, 28A.220.070, and 28A.220.900.

Referred to Committee on Education.

SB 5818             by Senators Finkbeiner, Johnson and Schmidt

AN ACT Relating to traffic safety education; amending RCW 46.82.320, 28A.220.020, and 28A.220.030; and adding a new section to chapter 46.82 RCW.

Referred to Committee on Education.

SB 5819             by Senators Finkbeiner and Kline

AN ACT Relating to operation of a vehicle, railroad, street car, vessel, or aircraft involved in a fatality; amending RCW 46.61.506; and adding a new section to chapter 10.58 RCW.

Referred to Committee on Judiciary.

SB 5820             by Senators Finkbeiner, Winsley and Oke

AN ACT Relating to protecting persons who provide volunteer emergency care; and amending RCW 4.24.300.

Referred to Committee on Judiciary.

SB 5821             by Senators Haugen, Horn and Kastama

AN ACT Relating to providing an exemption to the licensing requirement for apprentices in cosmetology registered industry apprenticeship programs; and amending RCW 18.16.070.

Referred to Committee on Financial Services, Insurance and Housing.

SB 5822             by Senators Swecker, Doumit, Oke, Jacobsen and Hewitt

AN ACT Relating to hydraulic project approval; and amending RCW 77.55.100.

Referred to Committee on Parks, Fish and Wildlife.

SB 5823             by Senators McAuliffe, Stevens, Eide, Fairley, Regala, Hargrove, Kohl-Welles and Rasmussen

AN ACT Relating to improving services for kinship caregivers; adding new sections to chapter 74.13 RCW; creating new sections; and providing expiration dates.

Referred to Committee on Children and Family Services and Corrections.

SB 5824             by Senators Parlette and Horn

AN ACT Relating to allowing rural fire protection districts to contract with cities for ambulance services and impose a monthly utility service charge on each developed residential property located in the fire protection district; and amending RCW 52.12.031.

Referred to Committee on Government Operations and Elections.

SB 5825             by Senator Jacobsen

AN ACT Relating to wine importer's license holders; and amending RCW 66.28.010 and 66.24.203.

Referred to Committee on Commerce and Trade.

SB 5826             by Senator Kastama

AN ACT Relating to qualifications for public school principals and vice principals; and amending RCW 28A.400.100.

Referred to Committee on Education.

SB 5827             by Senators Shin, Benton, T. Sheldon, B. Sheldon, Schmidt, Rossi, Hale, Kohl-Welles, Rasmussen, Hargrove, Keiser, Brown, Franklin, Prentice and Thibaudeau

AN ACT Relating to international tourism; and adding a new chapter to Title 43 RCW.

Referred to Committee on Economic Development.

SJM 8016           by Senators Finkbeiner, Kline, Hargrove, Benton, Fairley, Shin, Prentice, Zarelli, Doumit, Franklin, B. Sheldon, Brown, Spanel, Keiser, Kohl-Welles and Mulliken

Petitioning the federal government to refrain from engaging in surveillance activities except for specific criminal investigations.

Referred to Committee on Judiciary.

MOTION

      On motion of Senator Sheahan, Senate Bill No. 5822 was referred to the Committee on Parks, Fish and Wildlife.

MOTION

      On motion of Senator Sheahan the following resolution was adopted:

SENATE RESOLUTION 8619

By Senators Esser, Eide, Brandland, Kohl-Welles, Swecker, Winsley, West, Zarelli, Hale, Hewitt, Stevens, Oke, Horn, Carlson, Roach, Parlette, Morton, Johnson, Schmidt, McCaslin, Mulliken, Doumit, Honeyford, Rossi, Franklin, Keiser, McAuliffe, Regala, B. Sheldon, Shin, Thibaudeau and Sheahan