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FORTY-THIRD DAY

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NOON SESSION

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Senate Chamber, Olympia, Monday, February 24, 2003

      The Senate was called to order at 12:00 noon by President Pro Tempore Winsley. No roll call was taken.

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 20, 2003

SB 5118             Prime Sponsor, Senator Prentice: Providing funds to deter, investigate, and prosecute real estate fraud crimes. Reported by Committee on Financial Services, Insurance and Housing

      MAJORITY Recommendation: That Substitute Senate Bill No. 5118 be substituted therefor, and the substitute bill do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Keiser, Prentice and Zarelli.

      Referred to Committee on Ways and Means.

February 20, 2003

SB 5192             Prime Sponsor, Senator Zarelli: Promoting job creation through state investments. Reported by Committee on Financial Services, Insurance and Housing

      MAJORITY Recommendation: That Substitute Senate Bill No. 5192 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 5193             Prime Sponsor, Senator Benton: Prohibiting insurers from canceling, denying, or refusing to renew property insurance policies due to claims made for malicious harassment. Reported by Committee on Financial Services, Insurance and Housing

      MAJORITY Recommendation: That Substitute Senate Bill No. 5193 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 5226             Prime Sponsor, Senator Hale: Authorizing optometrists to use and prescribe approved drugs for diagnostic or therapeutic purposes without limitation upon the methods of delivery in the practice of optometry. Reported by Committee on Health and Long-Term Care

      MAJORITY Recommendation: That Substitute Senate Bill No. 5226 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 5310             Prime Sponsor, Senator Morton: Establishing bond requirements for title insurance agent licenses. Reported by Committee on Financial Services, Insurance and Housing

      MAJORITY Recommendation: That Substitute Senate Bill No. 5310 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 21, 2003

SB 5325             Prime Sponsor, Senator Winsley: Allocating money to cities and towns that provide services for state hospitals. Reported by Committee on Children and Family Services and Corrections

      MAJORITY Recommendation: That Substitute Senate Bill No. 5325 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Stevens, Chair; Parlette, Vice Chair; Carlson, Deccio, Hargrove, McAuliffe and Regala.

      Referred to Committee on Ways and Means.

February 20, 2003

SB 5341             Prime Sponsor, Senator Winsley: Establishing a quality maintenance fee on nursing facilities. Reported by Committee on Health and Long-Term Care

      MAJORITY Recommendation: That Substitute Senate Bill No. 5341 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Keiser and Parlette.

      Referred to Committee on Ways and Means.

February 21, 2003

SB 5364             Prime Sponsor, Senator Zarelli: Promoting economic development and community revitalization. Reported by Committee on Economic Development

      MAJORITY Recommendation: That Substitute Senate Bill No. 5364 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators T. Sheldon, Chair; Zarelli, Vice Chair; Hale, Schmidt and Shin.

      Referred to Committee on Ways and Means.

February 21, 2003

SB 5500             Prime Sponsor, Senator Johnson: Facilitating interlocal agreements for court services among municipalities. Reported by Committee on Judiciary

      MAJORITY Recommendation: That Substitute Senate Bill No. 5500 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Johnson, Roach and Thibaudeau.

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

      Passed to Committee on Rules for second reading.

February 21, 2003

SB 5515             Prime Sponsor, Senator Johnson: Allowing judicial members on the board of industrial insurance appeals. Reported by Committee on Commerce and Trade

      MAJORITY Recommendation: 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 5562             Prime Sponsor, Senator Deccio: Revising the provision for increasing the direct care component rate allocation for residents with exceptional care needs. Reported by Committee on Health and Long-Term Care

      MAJORITY Recommendation: That Substitute Senate Bill No. 5562 be substituted therefor, and the substitute bill 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 5563             Prime Sponsor, Senator Deccio: Requiring the department of social and health services to inspect boarding homes at least every eighteen months. Reported by Committee on Health and Long-Term Care

      MAJORITY Recommendation: That Substitute Senate Bill No. 5563 be substituted therefor, and the substitute bill do pass. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland and Parlette.

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

      Passed to Committee on Rules for second reading.

February 21, 2003

SB 5586             Prime Sponsor, Senator Hargrove: Granting authority to the department of ecology to address concerns with lead-based paint activities. Reported by Committee on Natural Resources, Energy and Water

      MAJORITY Recommendation: That Substitute Senate Bill No. 5586 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Hewitt, Vice Chair; Doumit, Hargrove, Honeyford, Oke and Regala.

      Passed to Committee on Rules for second reading.

February 21, 2003

SB 5588             Prime Sponsor, Senator Kline: Requiring a plan to establish pilot regional correctional facilities. Reported by Committee on Children and Family Services and Corrections

      MAJORITY Recommendation: That Substitute Senate Bill No. 5588 be substituted therefor, and the substitute bill do pass. Signed by Senators Stevens, Chair; Parlette, Vice Chair; Carlson, Deccio, Hargrove, McAuliffe and Regala.

      Passed to Committee on Rules for second reading.

February 21, 2003

SB 5596             Prime Sponsor, Senator Stevens: Requiring that custodial assaults at juvenile rehabilitation facilities and institutions be reported to law enforcement. Reported by Committee on Children and Family Services and Corrections

      MAJORITY Recommendation: That Substitute Senate Bill No. 5596 be substituted therefor, and the substitute bill do pass. Signed by Senators Stevens, Chair; Parlette, Vice Chair; Carlson, Deccio, Hargrove, McAuliffe and Regala.

      Passed to Committee on Rules for second reading.

February 21, 2003

SB 5612             Prime Sponsor, Senator Honeyford: Requiring revenue transfers for the treatment of pathological gambling. Reported by Committee on Commerce and Trade

      MAJORITY Recommendation: That Substitute Senate Bill No. 5612 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin and Keiser.

      Referred to Committee on Ways and Means.

February 21, 2003

SB 5613             Prime Sponsor, Senator Honeyford: Promoting education on compulsive gambling. Reported by Committee on Commerce and Trade

      MAJORITY Recommendation: 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 5616             Prime Sponsor, Senator Benton: Concerning insurer foreign investments. Reported by Committee on Financial Services, Insurance and Housing

      MAJORITY Recommendation: That Substitute Senate Bill No. 5616 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 5641             Prime Sponsor, Senator Benton: Providing civil and criminal penalties for the unlawful transaction of insurance or health coverage. Reported by Committee on Financial Services, Insurance and Housing

      MAJORITY Recommendation: That Substitute Senate Bill No. 5641 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 21, 2003

SB 5652             Prime Sponsor, Senator Stevens: Tightening requirements for adoption-related advertising. Reported by Committee on Children and Family Services and Corrections

      MAJORITY Recommendation: That Substitute Senate Bill No. 5652 be substituted therefor, and the substitute bill do pass. Signed by Senators Stevens, Chair; Parlette, Vice Chair; Carlson, Deccio, Hargrove, McAuliffe and Regala.

      Passed to Committee on Rules for second reading.

February 21, 2003

SB 5686             Prime Sponsor, Senator Keiser: Establishing a formula for deductions from workers' compensation benefits of inmates and providing for benefits to be sent to department of corrections. Reported by Committee on Children and Family Services and Corrections

      MAJORITY Recommendation: That Substitute Senate Bill No. 5686 be substituted therefor, and the substitute bill do pass. Signed by Senators Stevens, Chair; Parlette, Vice Chair; Carlson, Deccio, Hargrove, McAuliffe and Regala.

      Passed to Committee on Rules for second reading.

February 20, 2003

SB 5714             Prime Sponsor, Senator Benton: Providing financial institution law parity. Reported by Committee on Financial Services, Insurance and Housing

      MAJORITY Recommendation: That Substitute Senate Bill No. 5714 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 5716             Prime Sponsor, Senator Prentice: Prohibiting manufacture or sale of fraudulent drivers' licenses and identicards. Reported by Committee on Financial Services, Insurance and Housing

      MAJORITY Recommendation: That Substitute Senate Bill No. 5716 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 5720             Prime Sponsor, Senator Winsley: Allowing merchants to require additional identification when conducting credit and debit card sales. 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.

      Passed to Committee on Rules for second reading.

February 21, 2003

SB 5725             Prime Sponsor, Senator Zarelli: Providing tax incentives to support the state's semiconductor cluster. Reported by Committee on Economic Development

      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators T. Sheldon, Chair; Zarelli, Vice Chair; Benton, Hale, Rossi, Schmidt and Shin.

      Referred to Committee on Ways and Means.

February 21, 2003

SB 5749             Prime Sponsor, Senator Hargrove: Revising procedures for hearings concerning violations by sex offenders of postrelease conditions. Reported by Committee on Children and Family Services and Corrections

      MAJORITY Recommendation: That Substitute Senate Bill No. 5749 be substituted therefor, and the substitute bill do pass. Signed by Senators Stevens, Chair; Parlette, Vice Chair; Carlson, Deccio, Hargrove, McAuliffe and Regala.

      Passed to Committee on Rules for second reading.

February 21, 2003

SB 5779             Prime Sponsor, Senator Stevens: Preserving sibling relationships for dependent children. Reported by Committee on Children and Family Services and Corrections

      MAJORITY Recommendation: That Substitute Senate Bill No. 5779 be substituted therefor, and the substitute bill do pass. Signed by Senators Stevens, Chair; Parlette, Vice Chair; Carlson, Deccio, Hargrove, McAuliffe and Regala.

      Passed to Committee on Rules for second reading.

February 21, 2003

SB 5780             Prime Sponsor, Senator Stevens: Revising method for making distributions under the municipal criminal justice assistance account. Reported by Committee on Children and Family Services and Corrections

      MAJORITY Recommendation: That Substitute Senate Bill No. 5780 be substituted therefor, and the substitute bill do pass. Signed by Senators Stevens, Chair; Parlette, Vice Chair; Carlson, Deccio, Hargrove, McAuliffe and Regala.

      Passed to Committee on Rules for second reading.

February 21, 2003

SB 5800             Prime Sponsor, Senator Brown: Establishing the economic development commission. Reported by Committee on Economic Development

      MAJORITY Recommendation: That Substitute Senate Bill No. 5800 be substituted therefor, and the substitute bill do pass. Signed by Senators T. Sheldon, Chair; Zarelli, Vice Chair; Benton, Hale, Kohl-Welles, Schmidt, B. Sheldon and Shin.

      Passed to Committee on Rules for second reading.

February 20, 2003

SB 5810             Prime Sponsor, Senator Benton: Borrowing money by domestic mutual insurers. 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.

      Passed to Committee on Rules for second reading.

February 21, 2003

SB 5811             Prime Sponsor, Senator Hargrove: Requiring greater opportunities for involvement of birth families in foster care. Reported by Committee on Children and Family Services and Corrections

      MAJORITY Recommendation: That Substitute Senate Bill No 5811 be substituted therefor, and the substitute bill do pass. Signed by Senators Stevens, Chair; Parlette, Vice Chair; Carlson, Deccio, Hargrove, McAuliffe and Regala.

      Passed to Committee on Rules for second reading.

February 21, 2003

SJM 8010           Prime Sponsor, Senator McAuliffe: Petitioning the Department of Social and Health Services and the Superintendent of Public Instruction to improve access to information regarding organizations dedicated to improving child protection. Reported by Committee on Children and Family Services and Corrections

      MAJORITY Recommendation: That Substitute Senate Joint Memorial No. 8010 be substituted therefor, and the substitute joint memorial bill do pass. Signed by Senators Stevens, Chair; Parlette, Vice Chair; Carlson, Deccio, Hargrove, McAuliffe and Regala.

      Passed to Committee on Rules for second reading.

February 21, 2003

SHB 1121          Prime Sponsor, House Committee on Transportation: Implementing performance audits of transportation-related agencies. Reported by Committee on Rules

      MAJORITY Recommendation: That the bill be referred to Committee on Government Operations and Elections. Signed by Senators Winsley, Benton, Finkbeiner, Franklin, Hale, Hewitt, Honeyford, Parlette, Schmidt, Sheahan, West and Zarelli.

      Referred to Committee on Government Operations and Elections.

MOTION

      On motion of Senator Sheahan, Senate Bill No. 5118 was referred to the Committee on Ways and Means.

MESSAGES FROM THE HOUSE

February 21, 2003

MR. PRESIDENT:

      The House has passed ENGROSSED HOUSE BILL NO. 1079, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

February 21, 2003

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE HOUSE BILL NO. 1069,

      HOUSE BILL NO. 1072, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

INTRODUCTION AND FIRST READING

SB 5944             by Senators Thibaudeau, Keiser, Franklin and Kohl-Welles

AN ACT Relating to the basic health plan; amending RCW 70.47.060 and 48.14.0201; prescribing penalties; providing an effective date; and declaring an emergency.

Referred to Committee on Health and Long-Term Care.

SB 5945             by Senators Finkbeiner, Fraser, Swecker, Carlson, Fairley, Kohl-Welles, Esser, Regala and Kline

AN ACT Relating to voluntary registration of greenhouse gas emissions; and adding a new chapter to Title 70 RCW.

Referred to Committee on Natural Resources, Energy and Water.

SB 5946             by Senators Kastama and Kohl-Welles

AN ACT Relating to creating an office of mental health ombudsman; adding a new chapter to Title 43 RCW; creating a new section; and providing an effective date.

Referred to Committee on Children and Family Services and Corrections.

SB 5947             by Senators Kohl-Welles, McCaslin, Swecker, Thibaudeau, Brandland and Franklin (by request of Lieutenant Governor Owen)

AN ACT Relating to medical use of marijuana; amending RCW 69.51A.040; and creating a new section.

Referred to Committee on Health and Long-Term Care.

SB 5948             by Senators Honeyford, B. Sheldon and Johnson

AN ACT Relating to bundled telecommunications services; and amending RCW 82.08.0289 and 82.08.0289.

Referred to Committee on Technology and Communications.

SB 5949             by Senators Deccio and Thibaudeau

AN ACT Relating to hospital emergency services; and adding a new section to chapter 70.41 RCW.

Referred to Committee on Health and Long-Term Care.

SB 5950             by Senators Prentice, Kline and Kohl-Welles

AN ACT Relating to homeowner's insurance; and adding a new section to chapter 48.18 RCW.

Referred to Committee on Financial Services, Insurance and Housing.

SB 5951             by Senators Prentice, Kastama, Franklin and Rasmussen

AN ACT Relating to the duty of a residential real property buyer to check for public information regarding known criminals or criminal activity; and amending RCW 64.06.020.

Referred to Committee on Financial Services, Insurance and Housing.

SB 5952             by Senators Prentice, Kastama, Franklin and Rasmussen

AN ACT Relating to debarment of contractors; adding new sections to chapter 43.19 RCW; and creating a new section.

Referred to Committee on Government Operations and Elections.

SB 5953             by Senators Finkbeiner, Esser, Horn, Stevens, Rossi and Honeyford

AN ACT Relating to the disruption of traffic by pedestrians; amending RCW 46.63.020; adding a new section to chapter 46.61 RCW; and prescribing penalties.

Referred to Committee on Highways and Transportation.

SB 5954             by Senator Roach

AN ACT Relating to performance audits for state government.

Referred to Committee on Government Operations and Elections.

SB 5955             by Senator Benton

AN ACT Relating to the personal reemployment account program; and adding a new chapter to Title 43 RCW.

Referred to Committee on Economic Development.

SB 5956             by Senator Swecker

AN ACT Relating to livestock identification; amending RCW 16.57.010, 16.57.015, 16.57.020, 16.57.023, 16.57.025, 16.57.030, 16.57.040, 16.57.050, 16.57.080, 16.57.090, 16.57.100, 16.57.120, 16.57.130, 16.57.140, 16.57.150, 16.57.160, 16.57.165, 16.57.170, 16.57.180, 16.57.200, 16.57.210, 16.57.220, 16.57.230, 16.57.240, 16.57.260, 16.57.270, 16.57.275, 16.57.280, 16.57.290, 16.57.300, 16.57.310, 16.57.320, 16.57.330, 16.57.340, 16.57.360, 16.57.370, 16.57.400, 16.57.410, 16.58.020, 16.58.030, 16.58.040, 16.58.050, 16.58.060, 16.58.070, 16.58.080, 16.58.095, 16.58.100, 16.58.110, 16.58.140, 16.58.150, 16.58.160, 16.58.170, 16.65.010, 16.65.015, 16.65.020, 16.65.030, 16.65.037, 16.65.040, 16.65.042, 16.65.050, 16.65.080, 16.65.090, 16.65.100, 16.65.140, 16.65.170, 16.65.190, 16.65.200, 16.65.235, 16.65.260, 16.65.270, 16.65.280, 16.65.300, 16.65.340, 16.65.350, 16.65.380, 16.65.390, 16.65.400, 16.65.420, 16.65.422, 16.65.424, 16.65.440, and 16.65.445; adding new sections to chapter 16.57 RCW; adding a new section to chapter 16.65 RCW; adding a new section to chapter 42.17 RCW; repealing RCW 16.65.110, 16.65.423, 16.57.380, and 16.58.130; prescribing penalties; providing effective dates; and declaring an emergency.

Referred to Committee on Agriculture.

SB 5957             by Senators Hargrove, Rasmussen, Morton, Swecker, Doumit, Sheahan, Oke and Brandland

AN ACT Relating to the collection and use of water quality data; adding new sections to chapter 90.48 RCW; and creating a new section.

Referred to Committee on Natural Resources, Energy and Water.

SB 5958             by Senator McAuliffe

AN ACT Relating to the taxation of lodging; and amending RCW 67.28.181.

Referred to Committee on Government Operations and Elections.

SJM 8019           by Senators Benton, Haugen, Sheahan, T. Sheldon, Roach, Shin, Reardon, Schmidt, Carlson, Swecker, Honeyford, Rossi, Oke, Zarelli, Esser, Morton, Stevens, West and Hale

Requesting Congress to expeditiously build and deploy a missile defense system.

Referred to Committee on Government Operations and Elections.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

SHB 1069          by House Committee on Finance (originally sponsored by Representatives Pflug, Gombosky, Anderson, Cairnes and Sullivan)

Authorizing a waiver of interest and penalties for property tax bills not sent to the taxpayer due to error by the county.

Referred to Committee on Ways and Means.

HB 1072            by Representatives Haigh and Armstrong (by request of Legislative Ethics Board)

Increasing options in ethics investigations.

Referred to Committee on Government Operations and Elections.

EHB 1079          by Representatives Kenney, Cox, Fromhold, Jarrett, McIntire, Chandler, Miloscia, Quall, Sullivan, Veloria, Chase, Hunt, Pettigrew, Darneille, Conway, Cody, DeBolt, Delvin, Hudgins, Lantz, McDermott, Haigh, Kagi and Mastin

Expanding the definition of resident student for higher education purposes.

Referred to Committee on Higher Education.

MOTION

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

SENATE RESOLUTION 8621

By Senators Mulliken, Hewitt, Sheahan, Hale, Deccio, Rossi, Honeyford, Finkbeiner, Stevens, Esser, Zarelli, Schmidt, Johnson, McCaslin, Morton, Benton and Parlette