WHEREAS, The state's dairy industry began in 1836 when cows were first brought to what was later to become the state of Washington; and

      WHEREAS, The first creamery in Washington was started in Cheney in 1880, when cattle outnumbered territorial residents by a ratio of more than two to one; and

      WHEREAS, The dairy industry presently consists of approximately six hundred-twenty farms that provide a home to nearly 250,000 cows; and

      WHEREAS, All seven principal dairy cow breeds, found in North America, are present today in Washington. The breeds are Holstein, Guernsey, Jersey, Ayrshire, Brown Swiss, Milking Shorthorn, and Dutch Belted; and

      WHEREAS, Washington dairies produce more milk per cow than is produced in any other state, with a current average of 22,644 pounds of milk per cow per year; and

      WHEREAS, Dairy ranks second only to apples among the largest agricultural industries in the state, with 4,000 jobs on dairy farms and another 40,000 jobs supporting the industry in processing, distribution, marketing, and support services; and

      WHEREAS, Washington dairy farmers are recognized within the industry as being among the most efficient and technologically advanced in the world; and

      WHEREAS, Washington State Dairy Ambassador Jennifer Rohrer of Ridgefield and Alternate Dairy Ambassadors Amy Moe of Mount Vernon and LeAnne Poier of Sultan, are representing the dairy industry with distinction as the reigning Washington State Dairy Ambassador and Ambassador Alternates; and

      WHEREAS, Citizens throughout the state honor this special industry with the annual Dairy Day celebration;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate acknowledge and honor the women and men, whose work on dairy farms throughout Washington has contributed much to the strength and vitality of our state's economy, the character of our communities, and the general well-being of our citizens; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Washington State Dairy Ambassador Jennifer Rohrer and Alternate Ambassadors Amy Moe and LeAnne Poier, and the Washington Dairy Products Commission.

      Senators Rasmussen and Honeyford spoke to Senate Resolution 8628.

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced Jennifer Rohrer, Dairy Ambassador from Ridgefield, Alternate Dairy Princesses, Amy Moe from Mount Vernon and LeAnne Poier from Sultan, who were seated on the rostrum.

      With permission of the Senate, business was suspended to permit Dairy Ambassador Jennifer to address the Senate.

MOTION

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

SECOND READING

      SENATE BILL NO. 5014, by Senator Honeyford

Authorizing a new subaccount in the public works assistance account.

      The bill was read the second time.

MOTIONS

      On motion of Senator Honeyford, the following amendment was adopted:

       On page 1, after line 11, insert the following:

       "Sec. 2. RCW 43.79A.040 and 2002 c 322 s 5, 2002 c 204 s 7, and 2002 c 61 s 6 are each reenacted and amended to read as follows:

       (1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.

       (2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.

       (3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

       (4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.

       (b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the basic health plan self-insurance reserve account, the Washington state combined fund drive account, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the fruit and vegetable inspection account, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, the water storage projects and water systems facilities subaccount of the public works assistance account, and the children's trust fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

       (c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.

       (5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section."

      On motion of Senator Honeyford, the following title amendment was adopted:

       On page 1, line 1 of the title, after "projects;" insert "reenacting and amending RCW 43.79A.040;"

MOTION

      On motion of Senator Morton, the rules were suspended, Engrossed Senate Bill No. 5014 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5014.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5014 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      ENGROSSED SENATE BILL NO. 5014, 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. 5343, by Senators Parlette, Doumit, Mulliken, Hale and Deccio

Allowing WRIA 40 to be divided for the purposes of chapter 90.82 RCW.

      The bill was read the second time.

MOTION

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

       On page 2, beginning on line 3, after "staffed." strike all material through "area." on line 9, and insert "For purposes of this chapter, WRIA 40 shall be divided such that the portion of the WRIA located entirely within the Stemilt and Squilchuck subbasins shall be considered WRIA 40a and the remaining portion shall be considered WRIA 40b. Planning may be conducted separately for WRIA 40a and 40b. WRIA 40a shall be eligible for one-half of the funding available for a single WRIA, and WRIA 40b shall be eligible for one-half of the funding available for a single WRIA."

MOTION

      On motion of Senator Parlette, the rules were suspended, Engrossed Senate Bill No. 5343 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5343.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5343 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      ENGROSSED SENATE BILL NO. 5343, 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. 5575, by Senators Parlette, Morton, Doumit, Honeyford and Hale

Concerning small irrigation impoundments.

MOTIONS

      On motion of Senator Parlette, Substitute Senate Bill No. 5575 was substituted for Senate Bill No. 5575 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Parlette, the rules were suspended, Substitute Senate Bill No. 5575 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5575.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5575 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 5575, 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. 5083, by Senators Stevens, Benton, Mulliken, Roach, Oke, Esser, Swecker and T. Sheldon

Recognizing concealed weapon licenses issued by states that recognize Washington's concealed pistol license.

      The bill was read the second time.

MOTION

      Senator Kline moved that the following striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 9.41 RCW to read as follows:

       (1)(a) A person licensed to carry a handgun in a state the laws of which recognize and give effect in that state to a concealed pistol license issued under the laws of the state of Washington is authorized to carry a pistol in this state if:

       (I) The licensing state does not issue concealed pistol licenses to persons under twenty-one years of age; and

       (ii) The licensing state requires mandatory background checks for all persons who apply for a concealed pistol license.

       (b) This section applies to a license holder from another state only while the license holder is not a resident of this state. A license holder from another state must carry the handgun in compliance with the laws of this state.

       (2) The attorney general shall periodically publish a list of states the laws of which recognize and give effect in that state to a concealed pistol license issued under the laws of the state of Washington."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Kline to Senate Bill No. 5083.

      The motion by Senator Kline carried and the striking amendment was adopted.

MOTIONS

      On motion of Senator McCaslin, the following title amendment was adopted:

       On page 1, line 2 of the title, after "states;" strike the remainder of the title and insert "and adding a new section to chapter 9.41 RCW."

      On motion of Senator McCaslin, the rules were suspended, Engrossed Senate Bill No. 5083 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5083.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5083 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      ENGROSSED SENATE BILL NO. 5083, 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.

      There being no objection, the Senate resumed consideration of Senate Bill No. 5198, which was deferred on February 21, 2003, after the motion by Senator Parlette carried to not substitute the bill.

SECOND READING

      SENATE BILL NO. 5198, by Senators Parlette, Winsley, Deccio, Thibaudeau, Keiser, Franklin and Brandland

Revising authority of public hospital districts to pay recruitment expenses and employee training and education expenses.

      The bill was read the second time.

MOTIONS

      On motion of Senator Parlette, the following striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 70.44.060 and 2001 c 76 s 1 are each amended to read as follows:

       All public hospital districts organized under the provisions of this chapter shall have power:

       (1) To make a survey of existing hospital and other health care facilities within and without such district.

       (2) To construct, condemn and purchase, purchase, acquire, lease, add to, maintain, operate, develop and regulate, sell and convey all lands, property, property rights, equipment, hospital and other health care facilities and systems for the maintenance of hospitals, buildings, structures, and any and all other facilities, and to exercise the right of eminent domain to effectuate the foregoing purposes or for the acquisition and damaging of the same or property of any kind appurtenant thereto, and such right of eminent domain shall be exercised and instituted pursuant to a resolution of the commission and conducted in the same manner and by the same procedure as in or may be provided by law for the exercise of the power of eminent domain by incorporated cities and towns of the state of Washington in the acquisition of property rights: PROVIDED, That no public hospital district shall have the right of eminent domain and the power of condemnation against any health care facility.

       (3) To lease existing hospital and other health care facilities and equipment and/or other property used in connection therewith, including ambulances, and to pay such rental therefor as the commissioners shall deem proper; to provide hospital and other health care services for residents of said district by facilities located outside the boundaries of said district, by contract or in any other manner said commissioners may deem expedient or necessary under the existing conditions; and said hospital district shall have the power to contract with other communities, corporations, or individuals for the services provided by said hospital district; and they may further receive in said hospitals and other health care facilities and furnish proper and adequate services to all persons not residents of said district at such reasonable and fair compensation as may be considered proper: PROVIDED, That it must at all times make adequate provision for the needs of the district and residents of said district shall have prior rights to the available hospital and other health care facilities of said district, at rates set by the district commissioners.

       (4) For the purpose aforesaid, it shall be lawful for any district so organized to take, condemn and purchase, lease, or acquire, any and all property, and property rights, including state and county lands, for any of the purposes aforesaid, and any and all other facilities necessary or convenient, and in connection with the construction, maintenance, and operation of any such hospitals and other health care facilities, subject, however, to the applicable limitations provided in subsection (2) of this section.

       (5) To contract indebtedness or borrow money for corporate purposes on the credit of the corporation or the revenues of the hospitals thereof, and the revenues of any other facilities or services that the district is or hereafter may be authorized by law to provide, and to issue and sell: (a) Revenue bonds, revenue warrants, or other revenue obligations therefor payable solely out of a special fund or funds into which the district may pledge such amount of the revenues of the hospitals thereof, and the revenues of any other facilities or services that the district is or hereafter may be authorized by law to provide, to pay the same as the commissioners of the district may determine, such revenue bonds, warrants, or other obligations to be issued and sold in the same manner and subject to the same provisions as provided for the issuance of revenue bonds, warrants, or other obligations by cities or towns under the Municipal Revenue Bond Act, chapter 35.41 RCW, as may hereafter be amended; (b) general obligation bonds therefor in the manner and form as provided in RCW 70.44.110 and 70.44.130, as may hereafter be amended; or (c) interest-bearing warrants to be drawn on a fund pending deposit in such fund of money sufficient to redeem such warrants and to be issued and paid in such manner and upon such terms and conditions as the board of commissioners may deem to be in the best interest of the district; and to assign or sell hospital accounts receivable, and accounts receivable for the use of other facilities or services that the district is or hereafter may be authorized by law to provide, for collection with or without recourse. General obligation bonds shall be issued and sold in accordance with chapter 39.46 RCW. Revenue bonds, revenue warrants, or other revenue obligations may be issued and sold in accordance with chapter 39.46 RCW.

       (6) To raise revenue by the levy of an annual tax on all taxable property within such public hospital district not to exceed fifty cents per thousand dollars of assessed value, and an additional annual tax on all taxable property within such public hospital district not to exceed twenty-five cents per thousand dollars of assessed value, or such further amount as has been or shall be authorized by a vote of the people. Although public hospital districts are authorized to impose two separate regular property tax levies, the levies shall be considered to be a single levy for purposes of the limitation provided for in chapter 84.55 RCW. Public hospital districts are authorized to levy such a general tax in excess of their regular property taxes when authorized so to do at a special election conducted in accordance with and subject to all of the requirements of the Constitution and the laws of the state of Washington now in force or hereafter enacted governing the limitation of tax levies. The said board of district commissioners is authorized and empowered to call a special election for the purpose of submitting to the qualified voters of the hospital district a proposition or propositions to levy taxes in excess of its regular property taxes. The superintendent shall prepare a proposed budget of the contemplated financial transactions for the ensuing year and file the same in the records of the commission on or before the first day of November. Notice of the filing of said proposed budget and the date and place of hearing on the same shall be published for at least two consecutive weeks, at least one time each week, in a newspaper printed and of general circulation in said county. On or before the fifteenth day of November the commission shall hold a public hearing on said proposed budget at which any taxpayer may appear and be heard against the whole or any part of the proposed budget. Upon the conclusion of said hearing, the commission shall, by resolution, adopt the budget as finally determined and fix the final amount of expenditures for the ensuing year. Taxes levied by the commission shall be certified to and collected by the proper county officer of the county in which such public hospital district is located in the same manner as is or may be provided by law for the certification and collection of port district taxes. The commission is authorized, prior to the receipt of taxes raised by levy, to borrow money or issue warrants of the district in anticipation of the revenue to be derived by such district from the levy of taxes for the purpose of such district, and such warrants shall be redeemed from the first money available from such taxes when collected, and such warrants shall not exceed the anticipated revenues of one year, and shall bear interest at a rate or rates as authorized by the commission.

       (7) To enter into any contract with the United States government or any state, municipality, or other hospital district, or any department of those governing bodies, for carrying out any of the powers authorized by this chapter.

       (8) To sue and be sued in any court of competent jurisdiction: PROVIDED, That all suits against the public hospital district shall be brought in the county in which the public hospital district is located.

       (9) To pay actual necessary travel expenses and living expenses incurred while in travel status for (a) qualified physicians or other health care practitioners who are candidates for medical staff positions, and (b) other qualified persons who are candidates for superintendent or other managerial and technical positions, which expenses may include expenses incurred by family members accompanying the candidate, when the district finds that hospitals or other health care facilities owned and operated by it are not adequately staffed and determines that personal interviews with said candidates to be held in the district are necessary or desirable for the adequate staffing of said facilities.

       (10) To ((make contracts,)) employ superintendents, attorneys, and other technical or professional assistants and all other employees; to make all contracts useful or necessary to carry out the provisions of this chapter, including, but not limited to, (a) contracts with private or public institutions for employee retirement programs, and (b) contracts with current or prospective employees, physicians, or other health care practitioners providing for the payment or reimbursement by the public hospital district of health care training or education expenses, including but not limited to debt obligations, incurred by current or prospective employees, physicians, or other health care practitioners in return for their agreement to provide services beneficial to the public hospital district; to print and publish information or literature; and to do all other things necessary to carry out the provisions of this chapter."

      On motion of Senator Parlette, the following title amendment was adopted:

       On page 1, line 2 of the title, after "training;" strike the remainder of the title and insert "and amending RCW 70.44.060."

MOTION

      On motion of Senator Parlette, the rules were suspended, Engrossed Senate Bill No. 5198 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5198.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5198 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      ENGROSSED SENATE BILL NO. 5198, 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. 5018, by Senators Roach, Winsley, Zarelli, Honeyford, Johnson, Carlson, Schmidt, Mulliken, Esser, T. Sheldon, Franklin, Fraser, McCaslin, Kastama, Keiser, Kline, Regala, Sheahan and Kohl-Welles

Revising laws against voyeurism.

MOTIONS

      On motion of Senator McCaslin, Substitute Senate Bill No. 5018 was substituted for Senate Bill No. 5018 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5018 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5018.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5018 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 5018, 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. 5452, by Senators Winsley, Benton, Prentice, Keiser and Reardon (by request of Governor Locke)

Regulating check cashers and sellers.

MOTIONS

      On motion of Senator Winsley, Substitute Senate Bill No. 5452 was substituted for Senate Bill No. 5452 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 5452 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5452.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5452 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 5452, 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. 5094, by Senators Carlson, Jacobsen, Spanel, Fraser, B. Sheldon and Rasmussen (by request of Joint Committee on Pension Policy)

Providing optional service credit for substitute service to members of the school employees' retirement system.

      The bill was read the second time.

MOTION

      On motion of Senator Carlson, the rules were suspended, Senate Bill No. 5094 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5094.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5094 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SENATE BILL NO. 5094, 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. 5195, by Senators Swecker, Rasmussen, Sheahan, Jacobsen and Brandland (by request of Department of Agriculture)

Forwarding grain when an emergency storage situation exists.

      The bill was read the second time.

MOTION

      On motion of Senator Swecker, the rules were suspended, Senate Bill No. 5195 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5195.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5195 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SENATE BILL NO. 5195, 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 JOINT MEMORIAL NO. 8003, by Senators Fraser, Rossi, Kohl-Welles, Fairley, Jacobsen, Benton, Eide, Esser, Franklin, Hale, Haugen, Johnson, Kline, McAuliffe, Oke, Parlette, Rasmussen, Regala, Roach, Schmidt, B. Sheldon, Spanel, Stevens, Thibaudeau, Winsley and Zarelli

Requesting Congress to restore the sales tax deduction for federal income taxes.

      The joint memorial was read the second time.

MOTION

      On motion of Senator Rossi, the rules were suspended, Senate Joint Memorial No. 8003 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8003.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Joint Memorial No. 8003 and the joint memorial passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SENATE JOINT MEMORIAL NO. 8003, having received the constitutional majority, was declared passed.

SECOND READING

      SENATE BILL NO. 5299, by Senators Stevens, Reardon, Esser, Finkbeiner, Johnson and T. Sheldon

Concerning promotional service offerings.

MOTIONS

      On motion of Senator Esser, Substitute Senate Bill No. 5299 was substituted for Senate Bill No. 5299 and the substitute bill was placed on second reading and read the second time.

      Senator Esser moved that the following striking amendment by Senators Esser, Stevens, Reardon and Finkbeiner be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 80.04.130 and 2001 c 267 s 1 are each amended to read as follows:

       (1) Except as provided in subsection (2) of this section, whenever any public service company shall file with the commission any schedule, classification, rule, or regulation, the effect of which is to change any rate, charge, rental, or toll theretofore charged, the commission shall have power, either upon its own motion or upon complaint, upon notice, to enter upon a hearing concerning such proposed change and the reasonableness and justness thereof((, and)). Pending such hearing and the decision thereon, the commission may suspend the operation of such rate, charge, rental, or toll for a period not exceeding ten months from the time the same would otherwise go into effect((, and)). After a full hearing, the commission may make such order in reference thereto as would be provided in a hearing initiated after the same had become effective.

       (2)(a) The commission shall not suspend a tariff that makes a decrease in a rate, charge, rental, or toll filed by a telecommunications company pending investigation of the fairness, justness, and reasonableness of the decrease when the filing does not contain any offsetting increase to another rate, charge, rental, or toll and the filing company agrees to not file for an increase to any rate, charge, rental, or toll to recover the revenue deficit that results from the decrease for a period of one year.

       (I) The filing company shall file with any decrease sufficient information as the commission by rule may require to demonstrate the decreased rate, charge, rental, or toll is above the long run incremental cost of the service. A tariff decrease that results in a rate that is below long run incremental cost, or is contrary to commission rule or order, or the requirements of this chapter, shall be rejected for filing and returned to the company.

       (ii) The commission may prescribe a different rate to be effective on the prospective date stated in its final order after its investigation, if it concludes based on the record that the originally filed and effective rate is unjust, unfair, or unreasonable.

       ((For the purposes of this section, tariffs for the following telecommunications services, that temporarily waive or reduce charges for existing or new subscribers for a period not to exceed sixty days in order to promote the use of the services shall be considered tariffs that decrease rates, charges, rentals, or tolls:

       (a) Custom calling service;

       (b) Second access lines; or

       (c) Other services the commission specifies by rule.

       The commission may suspend any promotional tariff other than those listed in (a) through (c) of this subsection.))

       (b) The commission shall not suspend a promotional tariff. For the purposes of this section, "promotional tariff" means a tariff that, for a period of up to ninety days, waives or reduces charges or conditions of service for existing or new subscribers for the purpose of retaining or increasing the number of customers who subscribe to or use a service.

       (3) The commission may suspend the initial tariff filing of any water company removed from and later subject to commission jurisdiction because of the number of customers or the average annual gross revenue per customer provisions of RCW 80.04.010. The commission may allow temporary rates during the suspension period. These rates shall not exceed the rates charged when the company was last regulated. Upon a showing of good cause by the company, the commission may establish a different level of temporary rates.

       (((2))) (4) At any hearing involving any change in any schedule, classification, rule, or regulation the effect of which is to increase any rate, charge, rental, or toll theretofore charged, the burden of proof to show that such increase is just and reasonable shall be upon the public service company.

       (((3))) (5) The implementation of mandatory local measured telecommunications service is a major policy change in available telecommunications service. The commission shall not accept for filing a price list, nor shall it accept for filing or approve, prior to June 1, 2004, a tariff filed by a telecommunications company which imposes mandatory local measured service on any customer or class of customers, except that, upon finding that it is in the public interest, the commission may accept for filing a price list or it may accept for filing and approve a tariff that imposes mandatory measured service for a telecommunications company's extended area service or foreign exchange service. This subsection does not apply to land, air, or marine mobile service, or to pay telephone service, or to any service which has been traditionally offered on a measured service basis.

       (((4))) (6) The implementation of Washington telephone assistance program service is a major policy change in available telecommunications service. The implementation of Washington telephone assistance program service will aid in achieving the stated goal of universal telephone service.

       (((5))) (7) If a utility claims a sales or use tax exemption on the pollution control equipment for an electrical generation facility and abandons the generation facility before the pollution control equipment is fully depreciated, any tariff filing for a rate increase to recover abandonment costs for the pollution control equipment shall be considered unjust and unreasonable for the purposes of this section.

       Sec. 2. RCW 80.36.110 and 1997 c 166 s 1 are each amended to read as follows:

       (1) Except as provided in subsection (2) of this section, unless the commission otherwise orders, no change shall be made in any rate, toll, rental, or charge, that was filed and published by any telecommunications company in compliance with the requirements of RCW 80.36.100, except after notice as required in this subsection.

       (a) For changes to any rate, toll, rental, or charge filed and published in a tariff, the company shall provide thirty days' notice to the commission and publication for thirty days as required in the case of original schedules in RCW 80.36.100((, which)). The notice shall plainly state the changes proposed to be made in the schedule then in force, and the time when the changed rate, toll, or charge will go into effect, and all proposed changes shall be shown by printing, filing and publishing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection. Proposed changes may be suspended by the commission within thirty days or before the stated effective date of the proposed change, whichever is later.

       (b) For changes to any rate, toll, rental, or charge filed and published in a price list, the company shall provide ten days' notice to the commission and customers. The commission shall prescribe the form of notice.

       (c) The commission for good cause shown may allow changes in rates, charges, tolls, or rentals without requiring the ((thirty days')) notice and publication provided for in (a) or (b) of this subsection, by an order or rule specifying the change to be made and the time when it takes effect, and the manner in which the change will be filed and published.

       (d) When any change is made in any rate, toll, rental, or charge, the effect of which is to increase any rate, toll, rental, or charge then existing, attention shall be directed on the copy filed with the commission to the increase by some character immediately preceding or following the item in the schedule, which character shall be in such a form as the commission may designate.

       (2)(a) A telecommunications company may file a tariff that decreases any rate, charge, rental, or toll with ten days' notice to the commission and publication without receiving a special order from the commission when the filing does not contain an offsetting increase to another rate, charge, rental, or toll, and the filing company agrees not to file for an increase to any rate, charge, rental, or toll to recover the revenue deficit that results from the decrease for a period of one year.

       (b) A telecommunications company may file a promotional offering to be effective, without receiving a special order from the commission, upon filing with the commission and publication. For the purposes of this section, "promotional offering" means a tariff or price list that, for a period of up to ninety days, waives or reduces charges or conditions of service for existing or new subscribers for the purpose of retaining or increasing the number of customers who subscribe to or use a service.

       Sec. 3. RCW 80.36.320 and 1998 c 337 s 5 are each amended to read as follows:

       (1) The commission shall classify a telecommunications company as a competitive telecommunications company if the services it offers are subject to effective competition. Effective competition means that the company's customers have reasonably available alternatives and that the company does not have a significant captive customer base. In determining whether a company is competitive, factors the commission shall consider include but are not limited to:

       (a) The number and sizes of alternative providers of service;

       (b) The extent to which services are available from alternative providers in the relevant market;

       (c) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive rates, terms, and conditions; and

       (d) Other indicators of market power which may include market share, growth in market share, ease of entry, and the affiliation of providers of services.

       The commission shall conduct the initial classification and any subsequent review of the classification in accordance with such procedures as the commission may establish by rule.

       (2) Competitive telecommunications companies shall be subject to minimal regulation. Minimal regulation means that competitive telecommunications companies may file, instead of tariffs, price lists ((that shall be effective after ten days' notice to the commission and customers. The commission shall prescribe the form of notice)). The commission may also waive other regulatory requirements under this title for competitive telecommunications companies when it determines that competition will serve the same purposes as public interest regulation. The commission may waive different regulatory requirements for different companies if such different treatment is in the public interest. A competitive telecommunications company shall at a minimum:

       (a) Keep its accounts according to regulations as determined by the commission;

       (b) File financial reports with the commission as required by the commission and in a form and at times prescribed by the commission;

       (c) Keep on file at the commission such current price lists and service standards as the commission may require; and

       (d) Cooperate with commission investigations of customer complaints.

       (3) When a telecommunications company has demonstrated that the equal access requirements ordered by the federal district court in the case of U.S. v. Atand T, 552 F. Supp. 131 (1982), or in supplemental orders, have been met, the commission shall review the classification of telecommunications companies providing inter-LATA interexchange services. At that time, the commission shall classify all such companies as competitive telecommunications companies unless it finds that effective competition, as defined in subsection (1) of this section, does not then exist.

       (4) The commission may revoke any waivers it grants and may reclassify any competitive telecommunications company if the revocation or reclassification would protect the public interest.

       (5) The commission may waive the requirements of RCW 80.36.170 and 80.36.180 in whole or in part for a competitive telecommunications company if it finds that competition will serve the same purpose and protect the public interest.

       Sec. 4. RCW 80.36.330 and 1998 c 337 s 6 are each amended to read as follows:

       (1) The commission may classify a telecommunications service provided by a telecommunications company as a competitive telecommunications service if the service is subject to effective competition. Effective competition means that customers of the service have reasonably available alternatives and that the service is not provided to a significant captive customer base. In determining whether a service is competitive, factors the commission shall consider include but are not limited to:

       (a) The number and size of alternative providers of services;

       (b) The extent to which services are available from alternative providers in the relevant market;

       (c) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive rates, terms, and conditions; and

       (d) Other indicators of market power, which may include market share, growth in market share, ease of entry, and the affiliation of providers of services.

       (2) When the commission finds that a telecommunications company has demonstrated that a telecommunications service is competitive, the commission may permit the service to be provided under a price list ((effective on ten days notice to the commission and customers. The commission shall prescribe the form of notice)). The commission may adopt procedural rules necessary to implement this section.

       (3) Prices or rates charged for competitive telecommunications services shall cover their cost. The commission shall determine proper cost standards to implement this section, provided that in making any assignment of costs or allocating any revenue requirement, the commission shall act to preserve affordable universal telecommunications service.

       (4) The commission may investigate prices for competitive telecommunications services upon complaint. In any complaint proceeding initiated by the commission, the telecommunications company providing the service shall bear the burden of proving that the prices charged cover cost, and are fair, just, and reasonable.

       (5) Telecommunications companies shall provide the commission with all data it deems necessary to implement this section.

       (6) No losses incurred by a telecommunications company in the provision of competitive services may be recovered through rates for noncompetitive services. The commission may order refunds or credits to any class of subscribers to a noncompetitive telecommunications service which has paid excessive rates because of below cost pricing of competitive telecommunications services.

       (7) The commission may reclassify any competitive telecommunications service if reclassification would protect the public interest.

       (8) The commission may waive the requirements of RCW 80.36.170 and 80.36.180 in whole or in part for a service classified as competitive if it finds that competition will serve the same purpose and protect the public interest."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Esser, Stevens, Reardon and Finkbeiner.

      The motion by Senator Esser carried and the striking amendment was adopted.

      There being no objection, the following title amendment was adopted:

      On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "tariff and price list notices; and amending RCW 80.04.130, 80.36.110, 80.36.320, and 80.36.330."

MOTION

      On motion of Senator Esser, the rules were suspended, Engrossed Substitute Senate Bill No. 5299 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5299.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5299 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5299, 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. 5245, by Senators Horn, Haugen, Mulliken, Finkbeiner, Oke, Swecker, Esser, Prentice, Benton and Kohl-Welles

Involving legislators in transportation planning.

      The bill was read the second time.

MOTION

      On motion of Senator Horn, the following Committee on Highways and Transportation amendment was adopted:

       On page 2, after line 1, insert the following:

       "NEW SECTION. Sec. 2. A new section is added to chapter 47.80 RCW to read as follows:

       When voting on matters solely affecting Washington state, a regional transportation planning organization must obtain a majority vote of the Washington residents serving as members of the regional transportation planning organization before a matter may be adopted."

       Renumber the sections consecutively and correct any internal references accordingly.

MOTIONS

      On motion of Senator Horn, the following title amendment was adopted:

       On page 1, line 2 of the title, after "planning;" strike "and" and on line 2, after "47.80.040" insert "; and adding a new section to Chapter 47.80 RCW"

      On motion of Senator Horn, the rules were suspended, Engrossed Senate Bill No. 5245 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5245.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5245 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 45.

     Voting nay: Senators Jacobsen, Kohl-Welles, Regala and Thibaudeau - 4.

      ENGROSSED SENATE BILL NO. 5245, 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. 5224, by Senators Benton, Prentice, Winsley, Zarelli, Johnson, T. Sheldon, Kohl-Welles, Hale, Roach and Esser

Adding a rental housing owner to the affordable housing advisory board.

      The bill was read the second time.

MOTION

      On motion of Senator Benton, the rules were suspended, Senate Bill No. 5224 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5224.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5224 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Voting nay: Senator Poulsen - 1.

      SENATE BILL NO. 5224, 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. 5396, by Senators McCaslin, Deccio, Thibaudeau, Eide and Brandland

Enforcing conditions in deferred prosecutions.

MOTIONS

      On motion of Senator McCaslin, Substitute Senate Bill No. 5396 was substituted for Senate Bill No. 5396 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5396 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5396.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5396 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 5396, 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 JOINT MEMORIAL NO. 8000, by Senators Fraser, Morton, Hewitt, Keiser and Hale

Requesting the federal energy regulatory commission to withdraw a proposal affecting electricity.

      The joint memorial was read the second time.

MOTION

      On motion of Senator Morton, the rules were suspended, Senate Joint Memorial No. 8000 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8000.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Joint Memorial No. 8000 and the joint memorial passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SENATE JOINT MEMORIAL NO. 8000, having received the constitutional majority, was declared passed.

PERSONAL PRIVILEGE

      Senator McCaslin: “A point of personal privilege, Mr. President. At last ladies and gentlemen, we have reached the bottom of the barrel. I have never been good with words. Perhaps, I should rephrase that. The last freshman has made his initial maiden speech. I asked Senator West, ‘Now that my job is done, could I go home?’ He said, ‘No, Senator Reardon hasn’t passed out a gift yet.’ So, the only thing that I can tell him is if you are waiting for a hot deal on e-bay, you best hurry, because, I understand that there is a bill in to tax those things.

      “Now, back to Senator Esser. Could you identify yourself, please, so that I know who I am talking about? The Democrats hired a CIA Operative and this is what they found out. You are one of those few students who was on a ten year plan at the UW for a two year course, but I don’t know if you would fit into Senator Carlson’s bill about career students. He is also a free lance sports writer, so he gets to cover UW basketball games. Of course, the real reason is, I understand he likes girls’ basketball--and I will stop right there. Who said that? Anyway, they are screaming for you, Senator.

      “When he was in the House, Senator Esser went through something like four ‘PIOs’ in his four years. He finally found one that could write and he could understand his writing. Now, the current PIO in the Senate, if he can go more than a year with him, the Senate should give him or her a special bonus. Now, the last thing–not completely the last thing--because I have a few other comments. With his deep powerful voice, you would think Senator Esser would have chosen a career in radio instead of print. Maybe someday, he will put that voice to good use and become a talking host. But, the Senate probably has reached its quota on talk show hosting members, because Senator Roach does an excellent job, so why should we even try Esser? I have a CD here; I have no idea what it is. Are you buying lunch--oh that is his? Can you play it? Do you have anything else? I am really not wild about chocolate.

      “Here are the things I found out about Senator Esser: He is tall; He is lawyer–they didn’t tell me if he is a good one or a bad one, but he is a lawyer; He has a mustache--does that bother girls when you kiss them--is it kind of ticklish; He has lots of hair--that hurts; He knows Senator Jim Horn--whoopee; He knows Senator Dino Rossi–that is more important, because he is in charge of the budget; He loves basketball--womens--especially. He loves wrestling--don’t know if it is womens mud wrestling or just the regular wrestling. He comes from the Forty-eighth District. Now that is an interesting district, because years ago McDonald and Sanders had a conflict and McDonald won. Now, we have had a fight between Esser and Representative Van Luven--not a fight really--you guys got along. Anyway, we are happy you are here. We are happy for the chocolate you just passed out and you are going to have to pay to have my pants expanded.”

PERSONAL PRIVILEGE

      Senator Esser: “Thank you, Mr. President. I rise to a point of personal privilege. I hope the Senators will accept this small gift--this small treat--as a symbol of what a treat it is for me to be here with you in the Senate and to serve as the Chair of the Technology and Communications Committee. I would especially like to thank the distinguished chair of the Senate Judiciary Committee. I simply could not aspire to any greater height than to stand tall with you on the floor of the Senate. Thank you, Mr. President.”

      Further discussion occurred.

POINT OF INQUIRY

      Senator Deccio: “Senator McCaslin, back in the pioneer days, what did you give as a result of your maiden speech?”

      Senator McCaslin: “Senator Deccio, I can’t remember yesterday; I can’t remember that far back. I think it was Cadillacs or some car.”

      Senator Deccio: “I think it was a shovel to pile it higher and deeper.”

MOTION

      Senator Poulsen moved that the Senate advance to the ninth order of business to relieve the Committee on Judiciary of Senate Joint Resolution No. 8218 and to refer the bill to the Committee on Government Operations and Elections.

MOTION

      At 12:05 p.m., Senator Sheahan moved that the Senate adjourn.

      Debate ensued.

      Senator Brown demanded a roll call and the demand was sustained.

      The President declared the question before the Senate to be the roll call on the motion by Senator Sheahan to adjourn.

ROLL CALL

      The Secretary called the roll and the motion to adjourn failed by the following vote. Yeas, 24; Nays, 25; Absent, 0; Excused, 0.

     Voting yea: Senators Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 24.

     Voting nay: Senators Benton, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Sheldon, B., Shin, Spanel and Thibaudeau - 25.

      The President declared the question before the Senate to be the motion by Senator Poulsen to advance to the ninth order of business to relieve the Committee on Judiciary of Senate Joint Resolution No. 8218 and to refer the joint resolution to the Committee on Government Operations and Elections.

       Debate ensued.

MOTION

      At 12:15 p.m., Senator West moved that the Senate adjourn until 12:00 noon, Thursday, February 27, 2003.

      Senator Brown demanded a roll call and the demand was sustained.

      The President declared the question before the Senate to be the roll call on the motion by Senator West to adjourn until 12:00 noon, Thursday, February 27, 2003.

      The Secretary called the roll and the motion to adjourn carried by the following vote. Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

     Voting yea: Senators Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Jacobsen, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 25.

     Voting nay: Senators Benton, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Sheldon, B., Shin, Spanel and Thibaudeau - 24.

      At 12:17 p.m., the Senate adjourned until 12:00 noon, Thursday, February 27, 2003.

BRAD OWEN, President of the Senate

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