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FORTIETH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, February 21, 2003

      The Senate was called to order at 10:00 a.m. by President Pro Tempore Winsley. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Fraser, Jacobsen and Poulsen. On motion of Senator Eide, Senators Fraser, Jacobsen and Poulsen were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Ashley LaMastus and Max Brown, presented the Colors. Mary Lynne Reiner, from the Temple Beth Hatfiloh 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 19, 2003

SB 5012             Prime Sponsor, Senator Johnson: Authorizing charter schools. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That Substitute Senate Bill No. 5012 as recommended by Committee on Education be substituted therefor, and the substitute bill do pass. Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Zarelli, Vice Chair; Hale, Honeyford, Johnson, Parlette, Poulsen, Sheahan and Winsley.

 

MINORITY Recommendation: Do not pass. Signed by Senators Doumit, Fairley, Fraser, Regala and B. Sheldon.


      Passed to Committee on Rules for second reading.


February 19, 2003

SB 5077             Prime Sponsor, Senator Honeyford: Exempting certain withdrawals of water from the provisions of RCW 90.44.050. Reported by Committee on Natural Resources, Energy and Water


      MAJORITY Recommendation: That Substitute Senate Bill No. 5077 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Hale, Honeyford and Oke.


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


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5087             Prime Sponsor, Senator Honeyford: Creating the Washington water commission. Reported by Committee on Natural Resources, Energy and Water


      MAJORITY Recommendation: That Substitute Senate Bill No. 5087 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Hale, Honeyford and Oke.


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


      Referred to Committee on Ways and Means.


February 19, 2003

SB 5145             Prime Sponsor, Senator Mulliken: Concerning withdrawals of public ground waters. Reported by Committee on Natural Resources, Energy and Water


      MAJORITY Recommendation: That Substitute Senate Bill No. 5145 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Hale, Hargrove, Honeyford and Oke.

 

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


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5342             Prime Sponsor, Senator Winsley: Concerning nursing facility payment method improvements. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Franklin, Keiser and Parlette.


      Referred to Committee on Ways and Means.


February 20, 2003

SB 5360             Prime Sponsor, Senator West: Revising penalties for false industrial insurance claims. Reported by Committee on Commerce and Trade


      MAJORITY Recommendation: That Substitute Senate Bill No. 5360 be substituted therefor, and the substitute bill do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5369             Prime Sponsor, Senator Winsley: Regulating automated traffic safety cameras. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5369 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Brandland, Hargrove, Haugen, Johnson, Kline and Thibaudeau.


      Referred to Committee on Ways and Means.


February 20, 2003

SB 5451             Prime Sponsor, Senator Benton: Regulating escrow agents and officers. Reported by Committee on Financial Services, Insurance and Housing


      MAJORITY Recommendation: That Substitute Senate Bill No. 5451 be substituted therefor, and the substitute bill do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Keiser, Prentice and Roach.


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5460             Prime Sponsor, Senator Mulliken: Providing for determination of disability for special parking privileges by advanced registered nurse practitioners. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Franklin, Keiser, Parlette and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5461             Prime Sponsor, Senator Thibaudeau: Limiting disclosure of client information. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: That Substitute Senate Bill No. 5461 be substituted therefor, and the substitute bill do pass. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Franklin, Keiser, Parlette and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5473             Prime Sponsor, Senator Regala: Requiring the criminal justice training commission to train officers on interacting with developmentally disabled and mentally ill persons. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5473 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline, Roach and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5536             Prime Sponsor, Senator Finkbeiner: Resolving claims relating to condominium construction. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5536 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson and Kline.


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5561             Prime Sponsor, Senator Prentice: Concerning restrictions on assignments under UCC Article 9A. Reported by Committee on Financial Services, Insurance and Housing


      MAJORITY Recommendation: That Substitute Senate Bill No. 5561 be substituted therefor, and the substitute bill do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Keiser, Prentice and Zarelli.


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5564             Prime Sponsor, Senator Deccio: Clarifying the definition of "research." Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Franklin, Keiser, Parlette and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5567             Prime Sponsor, Senator Deccio: Modifying medical assistance provisions. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Franklin, Keiser and Parlette.


      Passed to Committee on Rules for second reading.


February 20, 2003

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


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


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5578             Prime Sponsor, Senator Winsley: Allowing for bed hold for boarding home residents. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Franklin, Parlette and Thibaudeau.


      Referred to Committee on Ways and Means.


February 20, 2003

SB 5580             Prime Sponsor, Senator Winsley: Clarifying that boarding homes are not subject to taxation under chapter 82.04 RCW. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: That it be referred to Committee on Ways and Means without recommendation. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland and Parlette.


      Referred to Committee on Ways and Means.


February 19, 2003

SB 5587             Prime Sponsor, Senator Fairley: Requiring voting devices to be accessible to individuals with disabilities. Reported by Committee on Government Operations and Elections


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


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5597             Prime Sponsor, Senator Oke: Prohibiting tobacco product sampling. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Franklin, Keiser, Parlette and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5601             Prime Sponsor, Senator McCaslin: Including charity care in the good samaritan law. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5601 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Roach and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5631             Prime Sponsor, Senator Thibaudeau: Making it a crime to traffic in persons. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5631 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline, Roach and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5709             Prime Sponsor, Senator Deccio: Concerning nursing practices in community-based and in-home care. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Keiser, Parlette and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5737             Prime Sponsor, Senator Benton: Reporting abandoned property. Reported by Committee on Financial Services, Insurance and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Keiser, Prentice, Roach and Zarelli.


      Referred to Committee on Ways and Means.


February 20, 2003

SB 5793             Prime Sponsor, Senator Winsley: Changing on a temporary basis the minimum nonforfeiture amounts applicable to certain contracts of life insurance and annuities. Reported by Committee on Financial Services, Insurance and Housing


      MAJORITY Recommendation: That Substitute Senate Bill No. 5793 be substituted therefor, and the substitute bill do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Keiser, Prentice, Roach and Zarelli.


      Passed to Committee on Rules for second reading.


February 20, 2003

SB 5904             Prime Sponsor, Senator Deccio: Concerning prescription drug assistance programs for seniors. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Franklin, Keiser, Parlette and Thibaudeau.


      Referred to Committee on Ways and Means.


February 20, 2003

SJM 8012           Prime Sponsor, Senator Fraser: Asking the federal energy regulatory commission to withdraw a new pricing policy proposal. Reported by Committee on Natural Resources, Energy and Water


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


      Passed to Committee on Rules for second reading.


February 19, 2003

SHB 1063          Prime Sponsor, House Committee on Capitol Budget: Concerning projects to be funded by loans from the public works assistance account. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Zarelli, Vice Chair; Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Parlette, Poulsen, Regala, Roach, Sheahan, B. Sheldon and Winsley.


      Passed to Committee on Rules for second reading.


MOTION


      On motion of Senator Sheahan, Senate Bill No. 5369 and Senate Bill No. 5737 were referred to the Committee on Ways and Means.


REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

 

February 20, 2003

GA 9033            JAMES GARRISON, appointed August 1, 2002, for a term ending April 2, 2003, as a member of the State Board for Community and Technical Colleges.

                           Reported by Committee on Higher Education


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


      Passed to Committee on Rules.


February 20, 2003

 

GA 9037            JENNIFER HAZEN, appointed June 28, 2002, for a term ending May 31, 2003, as a member of the Board of Trustees for Central Washington University.

                           Reported by Committee on Higher Education


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


      Passed to Committee on Rules.


February 20, 2003

 

GA 9039            JOHN HIRSCH, appointed March 1, 2002, for a term ending September 30, 2007, as a member of the Board of Trustees for Columbia Basin Community College District No. 19.

                           Reported by Committee on Higher Education


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


      Passed to Committee on Rules.


February 20, 2003

 

GA 9047            JASON JOHNSON, appointed June 10, 2002, for a term ending May 31, 2003, as a member of the Board of Regents for Washington State University.

                           Reported by Committee on Higher Education


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


      Passed to Committee on Rules.


February 20, 2003

 

GA 9110            ANITA SHEETY, appointed June 10, 2002, for a term ending May 31, 2003, as a member of the Board of Trustees for Western Washington University.

                           Reported by Committee on Higher Education


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


      Passed to Committee on Rules.


February 20, 2003

 

GA 9125            BETH THEW, appointed August 1, 2002, for a term ending June 30, 2006, as a member of the Work Force Training and Education Coordinating Board.

                           Reported by Committee on Higher Education


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


      Passed to Committee on Rules.


February 20, 2003

 

GA 9179            ELMER J. WARD, appointed October 1, 2002, for a term ending September 30, 2007, as a member of the Board of Trustees for Yakima Valley Community College District No. 16.

                           Reported by Committee on Higher Education


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


      Passed to Committee on Rules.


INTRODUCTION AND FIRST READING

 

SB 5933             by Senators Hargrove, Franklin and Kline

 

AN ACT Relating to cigarette tax contracts; and amending RCW 43.06.460.

 

Referred to Committee on Commerce and Trade.

 

SB 5934             by Senators Esser, McCaslin and Kline

 

AN ACT Relating to assumption by a code city of a water-sewer district by mutual consent of the city council and district board; and adding a new section to chapter 35.13A RCW.

 

Referred to Committee on Land Use and Planning.

 

SB 5935             by Senators Brandland, Oke, Swecker, Hale, Rasmussen, Schmidt and Winsley (by request of Washington State Patrol)

 

AN ACT Relating to consolidation of state declared fire mobilization responsibilities within the Washington state patrol; amending RCW 38.54.010, 38.54.020, 38.54.030, and 38.54.050; adding new sections to chapter 43.43 RCW; and recodifying RCW 38.54.010, 38.54.020, 38.54.030, 38.54.040, 38.54.050, and 38.54.900.

 

Referred to Committee on Government Operations and Elections.

 

SB 5936             by Senator Haugen

 

AN ACT Relating to penalties for improper use of high-occupancy vehicle lanes; amending RCW 46.61.165; reenacting and amending RCW 46.63.110; and prescribing penalties.

 

Referred to Committee on Highways and Transportation.

 

SB 5937             by Senators Parlette, Jacobsen, Haugen, Sheahan and Shin

 

AN ACT Relating to additions to the scenic and recreational highway system; and amending RCW 47.39.020.

 

Referred to Committee on Highways and Transportation.

 

SB 5938             by Senators Finkbeiner and Esser

 

AN ACT Relating to financial responsibility requirements for vessels; amending RCW 88.40.011, 88.40.020, and 88.40.040; and creating a new section.

 

Referred to Committee on Highways and Transportation.

 

SB 5939             by Senators Johnson and Kline

 

AN ACT Relating to civil legal services funding, administration, and oversight; amending RCW 43.08.260, 43.08.270, and 2.56.030; reenacting and amending RCW 43.08.250; adding a new chapter to Title 2 RCW; and recodifying RCW 43.08.260 and 43.08.270.

 

Referred to Committee on Judiciary.

 

SB 5940             by Senators Benton, Prentice and Keiser

 

AN ACT Relating to conducting the business of an escrow agent; amending RCW 18.44.021; and repealing RCW 48.29.190 and 48.29.200.

 

Referred to Committee on Financial Services, Insurance and Housing.

 

SB 5941             by Senators Swecker, Haugen, Horn, Oke and Shin

 

AN ACT Relating to the Washington commerce corridor; creating new sections; and providing an expiration date.

 

Referred to Committee on Highways and Transportation.

 

SB 5942             by Senators Reardon, Hewitt, Prentice and Honeyford

 

AN ACT Relating to licensing requirements for elevator mechanics and contractors; amending RCW 70.87.010, 70.87.180, 70.87.200, and 70.87.220; adding a new section to chapter 70.87 RCW; and creating a new section.

 

Referred to Committee on Commerce and Trade.

 

SB 5943             by Senator Roach

 

AN ACT Relating to requiring financial institutions to verify its customers' identification; adding a new section to chapter 30.22 RCW; and creating a new section.

 

Referred to Committee on Financial Services, Insurance and Housing.


MOTION


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


SENATE RESOLUTION 8610


By Senators Rasmussen, Sheahan, Brown, Spanel, Johnson, Kohl-Welles, Mulliken, Regala, Roach, Schmidt and Zarelli


      WHEREAS, The 4-H Youth Development Program of Washington State University has helped young people in Washington develop useful "life skills" since it was established in 1914; and

      WHEREAS, The program centers on teaching young people to become productive members of society by fostering self esteem and communication and decision-making skills; and

      WHEREAS, 90,000 young people throughout Washington participated in 4-H Youth Development Programs in 2002; and

      WHEREAS, These programs help participants learn about a wide variety of subjects including science, family living, and applied arts; and

      WHEREAS, In addition to working with traditional community clubs, the programs reach youth through urban groups, special interest groups, nutrition programs, after school programs, camping, and interagency learning experiences. In its 2002 Centennial Year, the program pledged over 2.6 million hours of community service to Washington residents; and

      WHEREAS, The 4-H Youth Development Program promotes volunteer service by enlisting more than 10,000 volunteers statewide, who donate an average of two hundred hours of their time during the year; and

      WHEREAS, In 2002, the program achieved its goal of reaching a more diverse audience as twenty-five percent of participants came from ethnic minority groups; and

      WHEREAS, More than three hundred-fifty 4-H members from around the state are currently visiting the State Capitol as part of an annual statewide education program titled "4-H Know Your Government";

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate recognize the 4-H Youth Development Program for its many contributions to the youth of Washington; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Pat Boyes, the State 4-H Leader for the Washington 4-H Youth Development Program.


      Senators Rasmussen, Betti Sheldon, Prentice, Sheahan, Benton and, Spanel spoke to Senate Resolution 8610.


INTRODUCTION OF SPECIAL GUESTS


      The President Pro Tempore welcomed and introduced Mrs. Heidi Becker, Pierce County 4-H Coordinator and Chaperone, as well as 4-H Leaders, Ian Becker, Michael Korchnoss and Kari Hicks, who were seated in the back of the Chamber.


MOTION


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


SECOND READING


      SENATE BILL NO. 5093, by Senators Spanel, Carlson, Fraser, B. Sheldon, Kohl-Welles, Haugen and Rasmussen (by request of Joint Committee on Pension Policy)

 

Allowing members of the teachers' retirement system, the school employees' retirement system, and the public employees' retirement system to begin receiving benefits without leaving service at age seventy and one-half.


      The bill was read the second time.


MOTION


      On motion of Senator Spanel, the rules were suspended, Senate Bill No. 5093 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5093.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5093 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

     Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, 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 - 45.

     Voting nay: Senator Benton - 1.

     Excused: Senators Fraser, Jacobsen and Poulsen - 3.

      SENATE BILL NO. 5093, 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. 5180, by Senators Hewitt, B. Sheldon, Hale, Benton, Rasmussen and Shin (by request of Lieutenant Governor Owen)

 

Renaming the legislative committee on economic development the legislative committee on economic development and international relations.


      The bill was read the second time.


MOTION


      On motion of Senator Hewitt, the rules were suspended, Senate Bill No. 5180 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5180.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5180 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, 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 - 46.

     Excused: Senators Fraser, Jacobsen and Poulsen - 3.

      SENATE BILL NO. 5180, 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. 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.

 

MOTION


      On motion of Senator Parlette, Senate Bill No. 5198 was not substituted.

      Debate ensued.


MOTION


      On motion of Senator Sheahan, further consideration of Senate Bill No. 5198 was deferred.


SECOND READING


      SENATE BILL NO. 5063, by Senators Doumit, Zarelli and Rasmussen

 

Providing for elections for flood control zone district supervisors.


MOTIONS


      On motion of Senator Roach, Substitute Senate Bill No. 5063 was substituted for Senate Bill No. 5063 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 5063 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5063.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5063 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, 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 - 46.

     Excused: Senators Fraser, Jacobsen and Poulsen - 3.

      SUBSTITUTE SENATE BILL NO. 5063, 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. 5290, by Senators West, Rasmussen, Hale and Winsley (by request of Horse Racing Commission)

 

Authorizing the horse racing commission to continue receiving criminal history information.


MOTIONS


      On motion of Senator West, Substitute Senate Bill No. 5290 was substituted for Senate Bill No. 5290 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 5290 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5290.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5290 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

     Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, 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 - 46.

     Voting nay: Senator Benton - 1.

     Excused: Senators Jacobsen and Poulsen - 2.

      SUBSTITUTE SENATE BILL NO. 5290, 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. 5122, by Senators Johnson, Kline and Esser

 

Revising provisions of the state trademark law.


      The bill was read the second time.


MOTION


      On motion of Senator Johnson, the rules were suspended, Senate Bill No. 5122 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5122.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5122 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, 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 - 46.

     Excused: Senators Fraser, Jacobsen and Poulsen - 3.

      SENATE BILL NO. 5122, 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. 5265, by Senators Thibaudeau, Honeyford, Jacobsen, Kohl-Welles, Johnson, Kline, McAuliffe, Rasmussen, Regala, B. Sheldon, Spanel, Winsley and Kastama

 

Allowing limited marketing of bottled wine at farmers markets.


MOTIONS


      On motion of Senator Thibaudeau, Substitute Senate Bill No. 5265 was substituted for Senate Bill No. 5265 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5265 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5265.



ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5265 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

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

     Voting nay: Senator Sheldon, B. - 1.

     Excused: Senators Fraser, Jacobsen and Poulsen - 3.

      SUBSTITUTE SENATE BILL NO. 5265, 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. 5100, by Senators Fraser, Carlson, Winsley, Spanel, Parlette and Rasmussen (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.


      The bill was read the second time.


MOTION


      On motion of Senator Carlson, the rules were suspended, Senate Bill No. 5100 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5100.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5100 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, 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 - 46.

     Excused: Senators Fraser, Jacobsen and Poulsen - 3.

      SENATE BILL NO. 5100, 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. 5176, by Senators Roach and Doumit

 

Providing wildland fire fighting training.


      The bill was read the second time.


MOTION


      On motion of Senator Roach, the rules were suspended, Senate Bill No. 5176 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5176.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5176 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, 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 - 46.

     Excused: Senators Fraser, Jacobsen and Poulsen - 3.

      SENATE BILL NO. 5176, 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. 5389, by Senators Benton, Prentice, Winsley, Reardon, Roach, Shin, Zarelli, Regala and T. Sheldon

 

Managing clean and sober housing.


      The bill was read the second time.


MOTION


      Senator Benton moved that the following amendments by Senators Benton and Reardon be considered simultaneously and be adopted:

       On page 1, line 12, after "Title 24 RCW" strike "or" and insert ", a section 501(c) (3) tax-exempt nonprofit organization under the internal revenue code,"

       On page 1, line 12, after "chapter 35.82 RCW" insert ", or a for- profit business entity"

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the two amendments by Senators Benton and Reardon on page 1, line 12.

      The motion by Senator Benton carried and the amendments were adopted:

 

MOTION

 

      On motion of Senator Benton, the rules were suspended, Engrossed Senate Bill No. 5389 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5389.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5389 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Horn, 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 - 45.

     Voting nay: Senator Honeyford - 1.

     Excused: Senators Fraser, Jacobsen and Poulsen - 3.

      ENGROSSED SENATE BILL NO. 5389, 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.

 

PERSONAL PRIVILEGE

 

      Senator McCaslin: “A point of personal privilege, Mr. President. My age group used to watch these movies with Jimmy Cagney and Edward G. Robinson and they would capture them and then they would get one of their cohorts in and they would beat them with a rubber hose and they would never talk--never talk. Now, the Senate is different. As soon as Senator Reardon got up, I saw more fingers pointing at him, saying, ‘It is his first time, it’s the first time.’

      “Anyway, I don’t think I would want to commit a crime with anyone of you in here. Aaron, are you from the Twenty-eighth or Thirty-eighth? Thirty-eighth, thank you. I had to look through my bifocals to see that. I offered Senator Brown--where is she? I asked her if I came into her caucus, would you go into our caucus and she said, ‘No, we like good looking young men, not homely old ones.’ So, I was a little embarrassed about that and I will never forgive Senator Brown.

      “I don’t know if Senator Reardon is prepared to give us a gift and I was talking to him earlier, not knowing he was going to make his maiden speech. I said, ‘If you don’t have food, I think we will all take money,’ won’t we? Is that okay, but not lotto tickets? I am still waiting for something decent to be passed out. You know, you shamed me, you really did. We got fish; we got toilet paper. By the way, I ran out. Do you have any more, Senator Brandlund? I would appreciate it. So, I am really, really looking forward to what this young handsome--that is about as far as I am going, Senator. I’ve never had that rumor about me. I don’t know about you. But anyway, we all look forward to his gift. Do you have anything to comment on or for rebuttal? The next time you buy a suit, get the right size, would you?”

 

PERSONAL PRIVILEGE

 

      Senator Reardon: “A point of personal privilege, Madam President. I recognize fully that I am a huge disappointment to this body. I apologize for my shortcomings. However, Senator, you will be getting a five by seven glossy of me later on this afternoon. I have a huge amount of respect for Senator Schmidt and I do not want to upstage him with his wonderful lottery tickets, which I still have not figured out if I have won or lost either. I was not prepared to speak on the amendment this morning. I apologize, but I will be providing a gift in addition to the five by seven glossy on Monday. In addition to that, you are most welcome to come into my office today and get a picture of me personally, which I will sign and provide a frame. Thank you”

 

INTRODUCTION OF SPECIAL GUESTS

 

      The President Pro Tempore introduced Anna and Connor Finkbeiner, children of Senator Bill Finkbeiner, who were seated on the rostrum.

MOTION

 

      At 11:16 a.m., on motion of Senator Sheahan, the Senate adjourned until 12:00 noon , Monday, February 24, 2003.

 

BRAD OWEN, President of the Senate

 

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