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

from that in the original published version.

FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

___________________________________________________________________________________________

SEVENTY FOURTH DAY

___________________________________________________________________________________________

House Chamber, Olympia, Thursday, March 27, 2003

The House was called to order at 9:55 a.m. by the Speaker (Representative Lovick presiding).

Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

MESSAGE FROM THE SENATE

March 26, 2003

Mr. Speaker:

The Senate has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5990, and the same is herewith transmitted.

Milt H. Doumit, Secretary

RESOLUTION

HOUSE RESOLUTION NO. 2003-4644, By Representatives Linville and Ericksen

WHEREAS, The Blaine Borderites girls basketball team captured an amazing 51-33 victory over a valiant but ultimately out-hustled foe to bring a highly impressive third-place trophy home from the recent Washington State 2A tournament; and

WHEREAS, Responding admirably to the pressure-cooker competition in Yakima, the Blaine hoops contingent put the finishing touches on yet another storied Borderite campaign; and

WHEREAS, Following up on last year's fourth-place finish at state, this 2002-2003 Blaine Borderite edition won this year's Northwest District basketball crown to qualify for the state tournament; and

WHEREAS, Led by their head coach, Patrick Green, the Blaine Borderites went undefeated in their league season and finished with an overall mark of twenty-five wins and only a single setback; and

WHEREAS, Assistant coaches Connie Pilon, Heidi Kuttel, and Jordan Green helped mastermind a 2002-2003 season that for years to come will be recalled in awe whenever basketball fans recount the best times of their game; and

WHEREAS, It was a very hard-fought overtime loss in the second-to-last game of the year that kept the Blaine Borderites from playing for the state championship; and

WHEREAS, The Borderites deployed a crushing defense in holding adversaries to under forty-five points in all but one of their matchups going into the state-tournament tilts; and

WHEREAS, Unselfishness at both ends of the court and an aggressive push to the offensive boards made the Blaine Borderites a rival to regret for teams all across the Evergreen State; and

WHEREAS, Team members Linsey Taylor, Shela Robertson, Rochelle Jackson, Holly Steckler, Ainsley Nix, Phillina Cain, Kristina Francis, Kimberly Harmening, Jennifer Kramer, Jessica Summers, Amanda Stull, and Lori Robertson, and manager Hannah Steinbach brought honor and acclaim to the historic and international community of Blaine; and

WHEREAS, A large contingent of ardent Blaine boosters traveled from their Northwest Washington community and surrounding region to behold the statewide prominence claimed by their basketball mainstays;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington laud and applaud the Blaine Borderites for their incredible girls basketball season; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the girls basketball coaching staff and the administration at Blaine High School.

House Resolution No. 4644 was adopted.

The Speaker assumed the chair.

SIGNED BY THE SPEAKER

The Speaker signed:

SUBSTITUTE HOUSE BILL NO. 1063

REPORTS OF STANDING COMMITTEES

March 25, 2003

SB 5090 Prime Sponsor, Senator Carlson: Determining which fire fighters or law enforcement officers may elect or be elected to certain pension and disability boards. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Sommers, Chairman; Fromhold, Vice Chairman; Sehlin, Ranking Minority Member; Pearson, Assistant Ranking Minority Member; Alexander; Boldt; Buck; Clements; Cody; Conway; Cox; DeBolt; Dunshee; Grant; Hunter; Kagi; Kenney; Kessler; Linville; McDonald; McIntire; Miloscia; Pflug; Ruderman; Schual-Berke; Sump and Talcott.

Passed to Committee on Rules for second reading.

March 25, 2003

SB 5094 Prime Sponsor, Senator Carlson: Providing optional service credit for substitute service to members of the school employees' retirement system. Reported by Committee on Appropriations

Passed to Committee on Rules for second reading.

March 25, 2003

SB 5096 Prime Sponsor, Senator Regala: Allowing members of the teachers' retirement system plan 1 to use extended school years for calculation of their earnable compensation. Reported by Committee on Appropriations

Passed to Committee on Rules for second reading.

March 25, 2003

SB 5100 Prime Sponsor, Senator Fraser: Paying survivor benefits in accordance with Title 26 U.S.C. Sec. 101(h) as amended by the Fallen Hero Survivor Benefit Fairness Act of 2001. Reported by Committee on Appropriations

Passed to Committee on Rules for second reading.

March 25, 2003

SB 5122 Prime Sponsor, Senator Johnson: Revising provisions of the state trademark law. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Moeller, Vice Chairman; Carrell, Ranking Minority Member; McMahan, Assistant Ranking Minority Member; Campbell; Flannigan; Kirby; Lovick and Newhouse.

Passed to Committee on Rules for second reading.

March 25, 2003

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

Passed to Committee on Rules for second reading.

March 25, 2003

SB 5172 Prime Sponsor, Senator Esser: Correcting obsolete references to fish and wildlife statutes. Reported by Committee on Judiciary

Passed to Committee on Rules for second reading.

March 26, 2003

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

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Ericksen, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Anderson; Armstrong; Bailey; Campbell; Clibborn; Cooper; Dickerson; Flannigan; Hankins; Hatfield; Hudgins; Kristiansen; Lovick; Morris; Nixon; Romero; Shabro; Simpson; Sullivan; Wallace; Wood and Woods.

MINORITY recommendation: Do not pass. Signed by Representatives Mielke and Schindler.

Passed to Committee on Rules for second reading.

March 25, 2003

SSB 5396 Prime Sponsor, Senate Committee On Judiciary: Enforcing conditions in deferred prosecutions. Reported by Committee on Judiciary

Passed to Committee on Rules for second reading.

March 25, 2003

SB 5570 Prime Sponsor, Senator Brown: Expanding the crime of communicating with a minor for immoral purposes. Reported by Committee on Judiciary

Passed to Committee on Rules for second reading.

March 25, 2003

SB 5574 Prime Sponsor, Senator Finkbeiner: Clarifying district court jurisdiction over actions involving commercial electronic mail. Reported by Committee on Judiciary

Passed to Committee on Rules for second reading.

March 25, 2003

SSB 5627 Prime Sponsor, Senate Committee On Judiciary: Allowing confessions and other admissions to be admitted into evidence if substantial independent evidence establishes the trustworthiness of the statement. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 10.58 RCW to read as follows:

(1) In criminal and juvenile offense proceedings where independent proof of the corpus delicti is absent, and the alleged victim of the crime is dead or incompetent to testify, a lawfully obtained and otherwise admissible confession, admission, or other statement of the defendant shall be admissible into evidence if there is substantial independent evidence that would tend to establish the trustworthiness of the confession, admission, or other statement of the defendant.

(2) In determining whether there is substantial independent evidence that the confession, admission, or other statement of the defendant is trustworthy, the court shall consider, but is not limited to:

(a) Whether there is any evidence corroborating or contradicting the facts set out in the statement, including the elements of the offense;

(b) The character of the witness reporting the statement and the number of witnesses to the statement;

(c) Whether a record of the statement was made and the timing of the making of the record in relation to the making of the statement; and/or

(d) The relationship between the witness and the defendant.

(3) Where the court finds that the confession, admission, or other statement of the defendant is sufficiently trustworthy to be admitted, the court shall issue a written order setting forth the rationale for admission.

(4) Nothing in this section may be construed to prevent the defendant from arguing to the jury or judge in a bench trial that the statement is not trustworthy or that the evidence is otherwise insufficient to convict."

Signed by Representatives Lantz, Chairman; Moeller, Vice Chairman; Carrell, Ranking Minority Member; McMahan, Assistant Ranking Minority Member; Campbell; Flannigan; Kirby; Lovick and Newhouse.

Passed to Committee on Rules for second reading.

There being no objection, the bills listed on the day's committee reports sheet under the fifth order of business were referred to the committees so designated, with the exception of ENGROSSED SENATE BILL NO. 5279 which was placed on the Second Reading calendar.

There being no objection, the House advanced to the eleventh order of business.

There being no objection, the House adjourned until 10:00 a.m., March 28, 2003, the 75^th Day of the Regular Session.

FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk