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THIRTY-THIRD DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, February 14, 2003

      The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present,

      The Sergeant at Arms Color Guard, consisting of Pages Dylan Nelson and Sean Meehan, presented the Colors. Reverend Dan Panter, pastor of the McKenzie Road Baptist Church in Olympia, offered the prayer.


MOTION


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


REPORTS OF STANDING COMMITTEES


February 13, 2003

SB 5041             Prime Sponsor, Senator Morton: Determining annual rental rates for the lease of state-owned aquatic lands for qualifying marinas. Reported by Committee on Natural Resources, Energy and Water


      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Hale, Hargrove, Honeyford and Oke.


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


      Referred to Committee on Ways and Means.


February 11, 2003

SB 5218             Prime Sponsor, Senator Roach: Requiring timely mailing of ballots. Reported by Committee on Government Operations and Elections


      MAJORITY Recommendation: That Substitute Senate Bill No. 5218 be substituted therefor, and the substitute bill 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 5343             Prime Sponsor, Senator Parlette: Allowing WRIA 40 to be divided for the purposes of chapter 90.82 RCW. Reported by Committee on Natural Resources, Energy and Water


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


      Passed to Committee on Rules for second reading.


February 13, 2003

SB 5415             Prime Sponsor, Senator Carlson: Changing exceptional faculty award grants. Reported by Committee on Higher Education


      MAJORITY Recommendation: That Substitute Senate Bill No. 5415 be substituted therefor, and the substitute bill do pass. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Horn, Kohl-Welles, Mulliken, B. Sheldon and Shin.


      Passed to Committee on Rules for second reading.


February 13, 2003

SB 5475             Prime Sponsor, Senator Horn: Limiting courses of instruction that are exclusive to research institutions of higher education. Reported by Committee on Higher Education


      MAJORITY Recommendation: Do pass. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Horn, Kohl-Welles, Mulliken, B. Sheldon and Shin.


      Passed to Committee on Rules for second reading.


February 12, 2003

SB 5575             Prime Sponsor, Senator Parlette: Concerning small irrigation impoundments. Reported by Committee on Natural Resources, Energy and Water


      MAJORITY Recommendation: That Substitute Senate Bill No. 5575 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Fraser, Hale, Hargrove, Honeyford and Oke.

 

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


      Passed to Committee on Rules for second reading.


REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

 

February 13, 2003

GA 9012SANDRA AYESH, appointed June 10, 2002, for a term ending May 31, 2003, as a member of the Board of Trustees for The Evergreen State College.

                           Reported by Committee on Higher Education


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Horn, Kohl-Welles, Mulliken, B Sheldon and Shin.


      Passed to Committee on Rules.


February 13, 2003

GA 9031THOMAS J. GAFFNEY, appointed January 21, 2002 for a term ending June 30, 2006, as a member of the Board of Trustees for Everett Community College District No.5.

                           Reported by Committee on Higher Education


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Horn, Kohl-Welles, Mulliken, B Sheldon and Shin.


      Passed to Committee on Rules.


February 13, 2003

GA 9051            JOE KOSAI, appointed February 27, 2002, for a term ending September 30, 2004, as a member of the Board of Trustees for Clover Park Technical College District No. 7.

                           Reported by Committee on Higher Education


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Horn, Kohl-Welles, Mulliken, B Sheldon and Shin.


      Passed to Committee on Rules.


February 13, 2003

GA 9153            ARTURO GARCIA-FLORES, appointed August 21, 2002, for a term ending September 30, 2004, as a member of theBoard of Trustees for Peninsula Community College District No. 1.

                           Reported by Committee on Higher Education


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Horn, Kohl-Welles, Mulliken, B Sheldon and Shin.


      Passed to Committee on Rules.


MESSAGES FROM STATE AGENCIES


STATE OF WASHINGTON

Department of Social and Health Services

Olympia, WA 98504-5000


February 10, 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 “Foster Children-Long Term Needs.” It is mandated under Chapter 232, Laws of 2000, Section 4, RCW 74.14A.050 and Chapter 255, Laws of 2001, Section 6, RCW 74.14A.050.

      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 Nancy Taft at (360) 902-8020 if you have questions regarding the report.

Sincerely,

DENNIS BRADDOCK, Secretary


      The Department of Social and Health Services Report on “Foster Children-Long Term Needs” is on file in the Office of the Secretary of the Senate.


STATE OF WASHINGTON

Department of Social and Health Services

Olympia, WA 98504-5000


February 10, 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 “Addendum to GA-U Medical Care Management Project.” It is mandated under Chapter 7, Laws of 2001, E2, Section 209(19).

      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 Alice Lind at (360) 902-7655 if you have questions regarding the report.

Sincerely,

DENNIS BRADDOCK, Secretary


      The Department of Social and Health Services Report on “Addendum to GA-U Medical Care Management Project” is on file in the Office of the Secretary of the Senate.


STATE OF WASHINGTON

Department of Agriculture

Olympia, WA 98504-2560


February 11, 2003


Milt Doumit, Secretary of the Senate

Washington State Senate

PO Box 40482

Olympia, WA 98504-0482


      RE: REPORT TO THE LEGISLATURE - PESTICIDE ENFORCEMENT AND RESIDE MONITORING

Dear Mr. Doumit:

      Enclosed are two copies of the final 2002 Annual Report to the Legislature on pesticide investigations and residue testing as mandated by RCW 15.58.420 and RCW 17.21.350. If you have any questions, please give me a call at 902-1850. Thank you.

Sincerely,

LESLIE EMERICK,

Legislative Affairs Coordinator


      The Department of Agriculture Report on “Pesticide Investigation and Reside Monitory” is on file in the Office of the Secretary of the Senate.


INTRODUCTION AND FIRST READING

 

SB 5828             by Senators Sheahan, Keiser, Regala, Kastama, Thibaudeau, Hale, Fraser and Winsley

 

AN ACT Relating to provision of meningococcal immunization information to first-time students by degree-granting postsecondary educational institutions; adding a new section to chapter 70.54 RCW; and providing an effective date.

 

Referred to Committee on Health and Long-Term Care.

 

SB 5829             by Senators Deccio, Thibaudeau and Winsley

 

AN ACT Relating to nursing technicians; reenacting and amending RCW 18.130.040; and adding new sections to chapter 18.79 RCW.

 

Referred to Committee on Health and Long-Term Care.

 

SB 5830             by Senators Franklin, Winsley, Reardon, Keiser, Thibaudeau, Regala, Fairley, Prentice, Jacobsen, Kastama and Schmidt

 

AN ACT Relating to assessment of the constitutionality of initiatives; amending RCW 29.81.250; and adding a new section to chapter 29.79 RCW.

 

Referred to Committee on Government Operations and Elections.

 

SB 5831             by Senators Franklin, Winsley, Rasmussen, Shin, Keiser, Kastama, Prentice, Regala, Doumit, McAuliffe, B. Sheldon, Kline, Brandland, Brown, Eide, Spanel, Poulsen, Kohl-Welles, Thibaudeau, Jacobsen, Fraser and Fairley

 

AN ACT Relating to the creation of health skills panels in local areas to address health care personnel shortages; adding new sections to chapter 28C.18 RCW; creating a new section; and providing an expiration date.

 

Referred to Committee on Health and Long-Term Care.

 

SB 5832             by Senator Prentice

 

AN ACT Relating to abolishing the academic achievement and accountability commission; amending RCW 28A.300.130, 28A.305.285, 28A.505.210, 28A.650.015, 28A.655.030, and 28A.655.070; adding a new section to chapter 28A.655 RCW; repealing RCW 28A.655.020; providing an effective date; and declaring an emergency.

 

Referred to Committee on Education.

 

SB 5833             by Senators Deccio, Franklin, Brandland, Keiser, Parlette, Winsley, Thibaudeau and Rasmussen

 

AN ACT Relating to coordinating and scheduling surveys and audits of hospitals and health care services and facilities operated or controlled by hospitals; amending RCW 18.20.110, 18.51.091, 43.09.260, 51.36.110, 69.41.270, 70.41.080, 70.41.120, 70.42.170, 70.62.250, 70.96A.090, 70.98.080, 70.98.090, 70.127.180, 70.168.070, 70.168.080, 71.12.480, 71.12.485, 71.12.500, and 74.09.200; adding a new section to chapter 18.64 RCW; adding a new section to chapter 43.09 RCW; adding a new section to chapter 43.20A RCW; adding a new section to chapter 43.21A RCW; adding a new section to chapter 43.22 RCW; adding a new section to chapter 43.70 RCW; adding a new section to chapter 70.175 RCW; adding a new section to chapter 74.39A RCW; adding a new section to chapter 82.01 RCW; and adding a new chapter to Title 43 RCW.

 

Referred to Committee on Health and Long-Term Care.

 

SB 5834             by Senators Roach, Winsley, Schmidt, Swecker, Stevens, Oke, Mulliken and Rasmussen

 

AN ACT Relating to college and university fee exemptions for veterans; amending RCW 41.04.007 and 28B.15.380; and reenacting and amending RCW 41.04.005.

 

Referred to Committee on Government Operations and Elections.

 

SB 5835             by Senators Roach, Horn, Winsley, Spanel, Rossi, Morton, Finkbeiner, Honeyford, Oke, Swecker, Schmidt, Zarelli, Benton, Parlette, Mulliken, McCaslin and Rasmussen

 

AN ACT Relating to comments by candidates for judicial offices; adding a new section to chapter 42.36 RCW; and creating a new section.

 

Referred to Committee on Government Operations and Elections.

 

SB 5836             by Senators Thibaudeau, Winsley, Kohl-Welles, Kline and Prentice

 

AN ACT Relating to property tax exemptions for nonprofit organizations supporting artists; amending RCW 84.36.810; adding a new section to chapter 84.36 RCW; and creating a new section.

 

Referred to Committee on Ways and Means.

 

SB 5837             by Senators Johnson, Eide, Carlson and Rasmussen (by request of Superintendent of Public Instruction Bergeson)

 

AN ACT Relating to the social studies, health and fitness, and arts assessments on the Washington assessment of student learning; and amending RCW 28A.655.060.

 

Referred to Committee on Education.

 

SB 5838             by Senators Winsley, B. Sheldon and Kline (by request of Insurance Commissioner Kreidler)

 

AN ACT Relating to liability for taxes on unlawful or delinquent insurers or taxpayers; amending RCW 48.14.060 and 48.15.130; and adding a new section to chapter 48.14 RCW.

 

Referred to Committee on Financial Services, Insurance and Housing.

 

SB 5839             by Senator Eide

 

AN ACT Relating to the taxation of direct mail; adding a new section to chapter 82.12 RCW; and providing an effective date.

 

Referred to Committee on Ways and Means.

 

SB 5840             by Senator Hargrove

 

AN ACT Relating to the department of natural resources' management of state trust lands in compliance with forest practices requirements.

 

Referred to Committee on Natural Resources, Energy and Water.

 

SB 5841             by Senators Benton, Zarelli, Hewitt, Doumit, Swecker, Carlson, Rossi, Poulsen, Oke, Stevens, Honeyford, Prentice, Mulliken, Kohl-Welles, Morton, Schmidt, Roach, Parlette, B. Sheldon, West, Shin, Franklin, Rasmussen and McAuliffe

 

AN ACT Relating to the taxation by a county of persons residing outside the state who are employed inside the county; and adding a new chapter to Title 36 RCW.

 

Referred to Committee on Government Operations and Elections.

 

SB 5842             by Senator Benton

 

AN ACT Relating to the statute of limitations on childhood sexual abuse civil cases; and amending RCW 4.16.340.

 

Referred to Committee on Judiciary.

 

SB 5843             by Senators Mulliken, Prentice, Oke, Esser, Benton, Finkbeiner and Schmidt

 

AN ACT Relating to performance audits of transportation-related agencies; adding a new section to chapter 44.40 RCW; adding a new chapter to Title 44 RCW; creating a new section; and declaring an emergency.

 

Referred to Committee on Highways and Transportation.

 

SB 5844             by Senators Johnson, McAuliffe, Schmidt and Rasmussen

 

AN ACT Relating to school districts' property; and amending RCW 28A.335.060 and 28A.335.130.

 

Referred to Committee on Education.

 

SB 5845             by Senators Schmidt, McAuliffe, Kastama, Winsley, Regala and Rasmussen

 

AN ACT Relating to school district capital demonstration projects; and amending RCW 39.10.067.

 

Referred to Committee on Education.

 

SB 5846             by Senators Sheahan, Brown, Winsley, Kohl-Welles, Franklin, Kline and Shin (by request of Supreme Court)

 

AN ACT Relating to fees for superior courts; amending RCW 27.24.070, 36.18.012, 36.18.020, and 36.18.025; and adding a new section to chapter 43.08 RCW.

 

Referred to Committee on Ways and Means.

 

SB 5847             by Senators Regala, Kohl-Welles, Jacobsen, Franklin, B. Sheldon, Spanel, Fraser, Fairley, Prentice, Poulsen, Kline and McAuliffe

 

AN ACT Relating to installation of antitheft devices by federally licensed firearms dealers; adding a new section to chapter 9.41 RCW; and prescribing penalties.

 

Referred to Committee on Judiciary.

 

SB 5848             by Senators Brandland, Haugen, Esser, T. Sheldon, Johnson, Hargrove, Sheahan and Shin

 

AN ACT Relating to the timely payment by government on contract claims; amending RCW 39.76.011 and 39.76.020; and adding a new section to chapter 39.76 RCW.

 

Referred to Committee on Judiciary.

 

SB 5849             by Senators Roach and Reardon (by request of Office of Financial Management)

 

AN ACT Relating to responsibilities of the office of financial management; amending RCW 7.68.085, 26.34.050, 34.12.140, 34.12.150, 34.12.160, 36.70A.200, 40.14.025, 41.04.380, 41.60.041, 43.09.412, 43.10.160, 43.41.100, 43.41.104, 43.79.460, 43.88A.010, 43.88A.030, 43.88A.040, 43.133.050, 82.01.070, and 82.23B.020; reenacting and amending RCW 43.135.035; and repealing RCW 8.04.160, 41.48.120, 41.48.130, 41.48.170, 41.50.800, 43.19.1921, 43.41.102, 43.41.905, 43.99I.090, 43.99J.070, 70.48A.040, 70.168.030, 71.36.020, 74.08.278, and 74.14C.070.

 

Referred to Committee on Government Operations and Elections.


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

EHB 1010          by Representatives Dickerson, Delvin, Kenney, Sullivan and Darneille

 

Changing provisions relating to discharge of a minor from a mental health facility.

 

Referred to Committee on Children and Family Services and Corrections.

 

ESHB 1033        by House Committee on Judiciary (originally sponsored by Representatives Kirby, Cooper, Sullivan and Lantz)

 

Clarifying the restrictions concerning occupational licenses.

 

Referred to Committee on Judiciary.

 

HB 1045            by Representatives Miloscia, Chandler and Upthegrove

 

Modifying water-sewer district bidding provisions.

 

Referred to Committee on Government Operations and Elections.

 

SHB 1057          by House Committee on Fisheries, Ecology and Parks (originally sponsored by Representatives Hatfield, Buck, Blake and Kessler)

 

Creating the license suspension review committee.

 

Referred to Committee on Parks, Fish and Wildlife.

 

SHB 1058          by House Committee on Children and Family Services (originally sponsored by Representatives Kagi, Boldt, McIntire, Nixon, Dickerson, Fromhold, O'Brien, Lantz, Linville, Kenney, Kessler, Clibborn, Talcott, Simpson and Wood)

 

Addressing educational attainment for foster children.

 

Referred to Committee on Children and Family Services and Corrections.

 

HB 1083            by Representatives Simpson, Benson and Schual-Berke (by request of Insurance Commissioner Kreidler)

 

Making clarifying, nonsubstantive amendments to and correcting outdated references in the insurance code.

 

Referred to Committee on Financial Services, Insurance and Housing.

 

HB 1144            by Representatives Haigh, Sump, Cooper, Armstrong, Pearson, McDermott and Chase (by request of Department of Fish and Wildlife)

 

Allowing the department of fish and wildlife to use approved controlled substances for chemical capture programs.

 

Referred to Committee on Parks, Fish and Wildlife.

 

HB 1170            by Representatives Romero, Hunt, Cooper, Simpson and Chase

 

Limiting restrictions on residential day-care facilities.

 

Referred to Committee on Government Operations and Elections.

 

SHB 1189          by House Committee on Health Care (originally sponsored by Representatives Alexander, Cody, Skinner, Schual-Berke, Pflug, Morrell, Moeller, Darneille, Clibborn, Campbell and Bailey)

 

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

 

Referred to Committee on Health and Long-Term Care.

 

HB 1198            by Representatives Pflug and Conway (by request of Joint Committee on Pension Policy)

 

Determining which fire fighters or law enforcement officers may elect or be elected to certain pension and disability boards.

 

Referred to Committee on Ways and Means.

 

HB 1203            by Representatives Conway, Delvin, Fromhold, Simpson, Pflug, Cooper, Bush, Upthegrove, Anderson and Chase (by request of Joint Committee on Pension Policy)

 

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

 

Referred to Committee on Ways and Means.

 

HB 1206            by Representatives Pflug and Conway (by request of Joint Committee on Pension Policy)

 

Making optional plan 3 member contributions.

 

Referred to Committee on Ways and Means.

 

HB 1207            by Representatives Alexander, Conway, Cooper, Simpson, Delvin and Campbell (by request of Joint Committee on Pension Policy)

 

Providing a death benefit for certain public employees.

 

Referred to Committee on Ways and Means.

 

HB 1208            by Representatives Cooper, Pflug, Conway, Simpson and Upthegrove (by request of Joint Committee on Pension Policy)

 

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.

 

Referred to Committee on Ways and Means.

 

SHB 1227          by House Committee on Commerce and Labor (originally sponsored by Representatives Pflug, Wood, Conway and Chandler)

 

Concerning promotional contests of chance.

 

Referred to Committee on Commerce and Trade.

 

HB 1280            by Representatives Murray, Alexander and Dunshee (by request of University of Washington)

 

Changing provisions for financing contracts for state university research facilities or equipment.

 

Referred to Committee on Ways and Means.

 

HB 1289            by Representatives Hinkle, Grant, Sump, Blake, Bush, Hatfield, Newhouse, Hunt, Buck, Mielke and McDonald

 

Concerning temporary fishing licenses.

 

Referred to Committee on Parks, Fish and Wildlife.

 

SHB 1340          by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Cooper, Benson, Schual-Berke and McIntire) (by request of Governor Locke)

 

Regulating check cashers and sellers.

 

Referred to Committee on Financial Services, Insurance and Housing.

 

SHJM 4005        by House Committee on Trade and Economic Development (originally sponsored by Representatives Morris, Anderson, Linville, Veloria, Skinner, Quall, Hunt, Cox, Miloscia, Ericksen, McDonald, Pearson, Sullivan and Hankins)

 

Supporting the Vancouver 2010 Olympic bid.

 

Referred to Committee on Economic Development.


MOTION


      At 10:09 a.m., on motion of Senator Sheahan, the Senate was declared to be at ease.


      The Senate was called to order at 10:43 a.m., by President Owen.


SECOND READING


      SENATE BILL NO. 5088, by Senators Regala, Winsley, Franklin and Fraser



      Recognizing that the use of certain land in Tacoma for school purposes is valid and meets the requirements of section 2, chapter 123, Laws of 1907.


MOTIONS


      On motion of Senator Regala, Substitute Senate Bill No. 5088 was substituted for Senate Bill No. 5088 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Regala, the rules were suspended, Substitute Senate Bill No. 5088 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. 5088.



ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5088 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. 5088, 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. 5211, by Senators Kohl-Welles, Winsley, Fairley, Prentice, Benton and Keiser

 

Clarifying that certain entities are not collection agencies.


      The bill was read the second time.

MOTION


      On motion of Senator Kohl-Welles, the rules were suspended, Senate Bill No. 5211 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. 5211.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5211 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. 5211, 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. 8001, by Senators Fraser and Morton

 

Requesting increased borrowing authority for the Bonneville Power Administration.


      The joint memorial was read the second time.

MOTION


      On motion of Senator Fraser, the rules were suspended, Senate Joint Memorial No. 8001 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. 8001.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Joint Memorial No. 8001 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. 8001, having received the constitutional majority was declared passed.


PERSONAL PRIVILEGE

 

      Senator Betti Sheldon: “A point of personal privilege, Mr. President. I would like to take this moment to thank you, in behalf of my colleagues, and particularly your wife, Linda, for the wonderful Valentine Gift. That is always so very thoughtful you. I know she takes a lot of time and effort to put it out. We are most appreciative and please tell her that.”


PERSONAL PRIVILEGE


      Senator McCaslin: “A point of personal privilege, Mr. President. You should tell the body that we saved two hundred and eight-four thousand dollars today, because the State Patrol didn’t bring your wife in to Olympia. That was the fiscal note on it. Where they come up with these fiscal notes, I have no idea.

       “Anyway, back to cookies, I know your wife is a terrific cook, but somehow they always make chocolate chip. I don’t know if anyone will join me, but I love oatmeal and raisins. Is there anybody in here with an oatmeal raisin? How about peanut butter? Do we have any peanut butter? I had to give mine away, Mr. President, and I hate to give food away. It is obvious, I think. Anyway, would you tell Linda that I would appreciate oatmeal raisin.”

      Further debate ensued.

MOTION


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


SENATE RESOLUTION 8620


By Senators Parlette, Prentice, McAuliffe, Shin, Sheahan, Rossi, Poulsen, Rasmussen, Horn, Hale, Schmidt, Esser, Reardon, Jacobsen, T. Sheldon, Fraser, Haugen, Johnson, Mulliken, B. Sheldon and Spanel


      WHEREAS, Apples have been the leading crop in terms of revenue generation in Washington State for twelve of the past thirteen years; and

      WHEREAS, Pears grown in the Northwest account for ninety percent of the nation's fresh winter pears; and

      WHEREAS, With roughly 100,000 tons produced annually, more sweet cherries are grown in Washington than any other state in the union; and

      WHEREAS, The Washington tree fruit industry adds approximately 53,000 jobs to the state economy annually, which generates roughly $356 million in wages for Washington workers; and

      WHEREAS, Over a third of all apples grown in Washington are exported out of state, with a significant portion going to Mexico and Taiwan via the ports of Seattle and Tacoma; and

      WHEREAS, Washington tree fruit is sold in all fifty states and more than forty countries around the world; and

      WHEREAS, Washington tree fruit producers have been at the forefront of developing the latest technologies in mating disruption and I’M techniques in their orchards to combat pests; and

      WHEREAS, Washington tree fruit producers are outstanding representatives of the agricultural profession in the state of Washington;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington hereby designate the day, February 12, 2003, as "Tree Fruit Day" in the state of Washington and call upon the people of Washington to participate fittingly in its observance to recognize the men and women in the state who have helped make Washington's tree fruit industry as successful as it is; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Barclay Crane, President of the Washington State Horticultural Association, and Warren Morgan, Past-President of the Washington State Horticultural Association.


      Senators Parlette, Prentice, Rasmussen and Deccio spoke to Senate Resolution No. 8620.


MOTION


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


MOTION


      On motion of Senator Hewitt, Senator McCaslin was excused.


SECOND READING


      SENATE BILL NO. 5134, by Senators Carlson, Zarelli, Kohl-Welles, Schmidt, Horn and Shin

 

Changing border county higher education opportunities.


      The bill was read the second time.


MOTION


      On motion of Senator Carlson, the rules were suspended, Senate Bill No. 5134 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. 5134.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5134 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     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, 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 - 48.

     Excused: Senator McCaslin - 1.

      SENATE BILL NO. 5134, 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.


MOTION


      On motion of Senator Sheahan, Senator Stevens was excused.


SECOND READING


      SENATE BILL NO. 5156, by Senators Winsley, Fraser, Jacobsen and Haugen

 

Describing the duties of the combined fund drive.


      The bill was read the second time.


MOTION


      On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5156 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. 5156.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5156 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     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, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators McCaslin and Stevens - 2.

      SENATE BILL NO. 5156, 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.


MOTION


      At 11:19 a.m., Senator Sheahan, moved that the Senate adjourn until 12:00 noon, Monday, February 17, 2003.

      Senator Poulsen objected to the motion to adjourn.


POINT OF ORDER


      Senator Sheahan: “A point of order, Mr. President. There is no debate on the motion to adjourn.”


REPLY BY THE PRESIDENT


      President Owen: “The President was trying to say that. There is no debate on the motion to adjourn.”


      At. 11:20 a.m., the Senate adjourned until 12:00 noon, Monday, February 17, 2003.


BRAD OWEN, President of the Senate


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