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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