SJ 03 067

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SIXTY-SEVENTH DAY

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NOON SESSION

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Senate Chamber, Olympia, Thursday, March 20, 2003

The Senate was called to order at 12:00 noon by President Owen. 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

March 20, 2003

EHB 1090 Prime Sponsor, Representative Veloria: Extending the task force against trafficking of persons. Reported by Committee on Judiciary

MAJORITY Recommendation: That the bill be referred to Committee on Children and Family Services and Corrections without recommendation. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Kline and Thibaudeau.

Referred to Committee on Children and Family Services and Corrections.

March 20, 2003

ESHB 1151 Prime Sponsor, House Committee on Judiciary: Regulating the keeping of dangerous wild animals. Reported by Committee on Judiciary

MAJORITY Recommendation: That the bill be referred to Committee on Health and Long-Term Care without recommendation. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Haugen, Kline and Thibaudeau.

Referred to Committee on Health and Long-Term Care.

March 20, 2003

SHB 1175 Prime Sponsor, House Committee on Criminal Justice and Corrections: Making it a crime to traffic in persons. Reported by Committee on Judiciary

Referred to Committee on Children and Family Services and Corrections.

March 20, 2003

SHB 1195 Prime Sponsor, House Committee on Judiciary: Limiting the liability of landowners for unintentional injuries incurred while rock climbing. Reported by Committee on Judiciary

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

Passed to Committee on Rules for second reading.

March 20, 2003

HB 1333 Prime Sponsor, Representative Lantz: Changing the membership of the commission on judicial conduct. Reported by Committee on Judiciary

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

Passed to Committee on Rules for second reading.

March 20, 2003

SHB 1605 Prime Sponsor, House Committee on Technology, Telecommunications and Energy: Creating a statewide justice information network. Reported by Committee on Judiciary

MAJORITY Recommendation: That the bill be referred to Committee on Technology and Communications without recommendation. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Kline and Thibaudeau.

Referred to Committee on Technology and Communications.

March 20, 2003

SHB 1826 Prime Sponsor, House Committee on Criminal Justice and Corrections: Including trafficking in persons in the criminal profiteering law. Reported by Committee on Judiciary

Referred to Committee on Children and Family Services and Corrections.

March 20, 2003

HJR 4205 Prime Sponsor, Representative Lantz: Changing the membership of the commission on judicial conduct. Reported by Committee on Judiciary

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

Passed to Committee on Rules for second reading.

REPORT FROM STATE AGENCY

WASHINGTON STATE INSTITUTE FOR PUBLIC POLICY

110 Fifth Avenue SE

Suite 214

PO Box 40999

Olympia, WA 98504-0999

March 18, 2003

Milton H. Doumit, Jr., Secretary of the Senate

Washington State Senate

PO Box 40482

Olympia, WA 98504-0482

Dear Mr. Doumit:

In 2002, the Washington Legislature directed the Washington State Institute for Public Policy to evaluate adult drug courts in Washington. Developed during the 1990s, drug courts use intensive courtroom and drug treatment resources in an attempt to modify the criminal and substance abusing behavior of certain drug-involved defendants.

The central questions for this evaluation are whether drug courts--when compared with regular criminal courts--reduce recidivism and produce more benefits than costs. The enclosed report details our findings.

FINDINGS

* We reviewed other drug court evaluations from around the United States and found that drug courts have been shown to reduce recidivism by about 13 percent.

* We evaluated six of Washington’s drug courts. We found that five of these courts also reduce recidivism by about 13 percent. One of the six courts we evaluated failed to reduce recidivism significantly.

* Drug courts cost about $3,900 more per participant than regular criminal court; the extra money pays for more frequent use of court resources and drug treatment.

* We found that the five successful drug courts produce more benefits than costs--the reduced recidivism helps to generate about $1.75 in benefits per dollar of cost.

If you have any questions about this report, please contact Steve Aos at (360) 586-2740.

Sincerely,

ROXANNE LIEB, Director

The Washington State Institute for Public Policy Report on an evaluation of adult drug courts is on file in the Office of the Secretary of the Senate.

MESSAGES FROM THE HOUSE

March 18, 2003

MR. PRESIDENT:

The House has passed:

ENGROSSED HOUSE BILL NO. 1037,

SUBSTITUTE HOUSE BILL NO. 1085,

SECOND SUBSTITUTE HOUSE BILL NO. 1095,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1299,

SUBSTITUTE HOUSE BILL NO. 1642,

SUBSTITUTE HOUSE BILL NO. 1695,

SUBSTITUTE HOUSE BILL NO. 1737,

SECOND SUBSTITUTE HOUSE BILL NO. 1796,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1844,

HOUSE BILL NO. 1878,

HOUSE BILL NO. 1929,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2119,

SUBSTITUTE HOUSE BILL NO. 2197, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

March 18, 2003

MR. PRESIDENT:

The House has passed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1009,

HOUSE BILL NO. 1210,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1317,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1336,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1337,

ENGROSSED HOUSE BILL NO. 1568,

ENGROSSED HOUSE BILL NO. 1691,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1869,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1904,

ENGROSSED HOUSE BILL NO. 1926,

ENGROSSED HOUSE BILL NO. 1927, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

March 18, 2003

MR. PRESIDENT:

The House has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1338, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

INTRODUCTION AND FIRST READING

SB 6049 by Senator Zarelli

AN ACT Relating to the stewardship and preservation of state college and university facilities; amending RCW 43.88.032; adding a new chapter to Title 28B RCW; providing an effective date; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 6050 by Senators Horn and Swecker

AN ACT Relating to restricting the use of certain marine facilities constructed by the department of transportation and funded in the omnibus transportation budget act; and adding a new section to chapter 47.20 RCW.

Referred to Committee on Highways and Transportation.

SB 6051 by Senators Kohl-Welles, Winsley, Fairley, Poulsen and Kline

AN ACT Relating to the payment of excise taxes; amending RCW 82.32.045, 82.18.040, 82.23B.020, and 82.27.060; and providing an effective date.

Referred to Committee on Ways and Means.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

ESHB 1009 by House Committee on Juvenile Justice and Family Law (originally sponsored by Representatives Dickerson, Delvin, Skinner, Kagi, Chase, Wood, Sommers, Miloscia, Conway, Cody, O'Brien, Kenney, Schual-Berke, McDermott and Lovick)

Prohibiting sale of violent computer and video games to minors.

Referred to Committee on Children and Family Services and Corrections.

EHB 1037 by Representatives Gombosky, Cairnes, Linville, Wood, Mielke, Sullivan and Nixon

Exempting retail sales of food and beverages from the litter tax that are consumed indoors on the seller's premises.

Referred to Committee on Ways and Means.

SHB 1085 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Schual-Berke, Benson and Simpson) (by request of Insurance Commissioner Kreidler)

Providing confidentiality to certain insurance commissioner examinations.

Referred to Committee on Financial Services, Insurance and Housing.

2SHB 1095 by House Committee on Appropriations (originally sponsored by Representatives Rockefeller, Sump, Linville, Orcutt, Schoesler, Pearson, Holmquist, Haigh and Kristiansen) (by request of Commissioner of Public Lands Sutherland))

Limiting the impact on small forest landowners caused by forest road maintenance and abandonment requirements.

Referred to Committee on Natural Resources, Energy and Water.

HB 1210 by Representatives O'Brien, Buck, Haigh, Mielke, Conway and Campbell (by request of Governor Locke and Attorney General Gregoire)

Enacting the Washington Antiterrorism Act of 2003.

Referred to Committee on Judiciary.

ESHB 1299 by House Committee on Health Care (originally sponsored by Representatives Cody, Sommers, Morrell, Schual-Berke and Dickerson)

Providing for evidence-based health services purchasing by state purchased health care programs.

Referred to Committee on Health and Long-Term Care.

ESHB 1317 by House Committee on Agriculture and Natural Resources (originally sponsored by Representatives Linville, Kirby, Grant, Quall, Shabro, Jarrett, Rockefeller, Hunt, Delvin, Morris and Conway (by request of Governor Locke)

Creating a trust water rights program.

Referred to Committee on Natural Resources, Energy and Water.

E2SHB 1336 by House Committee on Appropriations (originally sponsored by Representatives Linville, Kirby, Grant, Rockefeller, Quall, Hunt, Shabro, Jarrett, Delvin, Morris and Conway) ( by request of Governor Locke)

Concerning watershed planning.

Referred to Committee on Natural Resources, Energy and Water.

ESHB 1337 by House Committee on Agriculture and Natural Resources (originally sponsored by Representatives Rockefeller, Schoesler, Lantz, Linville, Shabro, Jarrett, Kirby, Grant, Quall, Hunt, Delvin, Woods, Chandler, Morris, Conway, Bush, Anderson and Pflug) (by request of Governor Locke)

Concerning additional or replacement wells.

Referred to Committee on Natural Resources, Energy and Water.

E2SHB 1338 by House Committee on Appropriations (originally sponsored by Representatives Linville, Kirby, Lantz, Rockefeller, Shabro, Jarrett, Grant, Quall, Hunt, Delvin, Wallace, Woods, Benson, Morris and Conway) (by request of Governor Locke)

Providing additional certainty for municipal water rights.

Referred to Committee on Natural Resources, Energy and Water.

EHB 1568 by Representatives Darneille, Pflug, Cody, Campbell, Schual-Berke, Alexander and Skinner

Modifying physician assistant provisions.

Referred to Committee on Commerce and Trade.

SHB 1642 by House Committee on Judiciary (originally sponsored by Representatives Morrell, Pflug, Cody, Benson, Schual-Berke, Alexander, Clibborn, Edwards, Moeller and Kenney)

Modifying medical information exchange and disclosure provisions.

Referred to Committee on Health and Long-Term Care.

EHB 1691 by Representatives Grant, Conway, Campbell, Wood, Kenney, Morrell, Crouse, Rockefeller, Holmquist, McCoy and Pflug

Authorizing advanced registered nurse practitioners to examine, diagnose, and treat injured workers covered by industrial insurance.

Referred to Committee on Commerce and Trade.

SHB 1695 by House Committee on Local Government (originally sponsored by Representatives Quall, Morris and Edwards)

Providing tax incentives for certain multiple-unit dwellings in urban centers.

Referred to Committee on Land Use and Planning.

SHB 1737 by House Committee on Finance (originally sponsored by Representatives McIntire, Morris, Conway and Simpson)

Repealing outdated and unused tax preferences.

Referred to Committee on Ways and Means.

2SHB 1796 by House Committee on Appropriations (originally sponsored by Representatives Murray, Hankins, Dunshee, Anderson, Lantz, Eickmeyer, McIntire, Kagi, Conway, Kenney, Schual-Berke, Wood, Lovick, Santos and Edwards)

Funding driver's education for low-income students.

Referred to Committee on Highways and Transportation.

ESHB 1844 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Schual-Berke, Benson, Simpson, Morrell, McIntire, Mielke, Hudgins, Rockefeller and Bush)

Criminalizing possession of instruments or equipment of financial fraud.

Referred to Committee on Financial Services, Insurance and Housing.

ESHB 1869 by House Committee on Finance (originally sponsored by Representatives McIntire, Gombosky, Morris, Conway, Santos, Haigh, Kagi, Hunt, Linville, Dunshee, Chase, Simpson, Moeller, Lovick, Cody, Murray, Upthegrove, Veloria and Wood)

Requiring performance audits for tax preferences.

Referred to Committee on Ways and Means.

HB 1878 by Representatives Dickerson and Pettigrew

Providing the courts access to information in third-party custody petitions.

Referred to Committee on Children and Family Services and Corrections.

ESHB 1904 by House Committee on Children and Family Services (originally sponsored by Representatives O'Brien, Boldt, Kagi, Roach and Miloscia)

Revising standards for reporting incidents involving harm to vulnerable adults.

Referred to Committee on Health and Long-Term Care.

EHB 1926 by Representatives Lantz, Clibborn, Moeller, Schual-Berke, Cody, Morrell, Rockefeller, Kirby, Lovick, Kenney, Linville, Veloria, Conway, Simpson, Sommers and Haigh

Limiting the use of expert witnesses.

Referred to Committee on Judiciary.

EHB 1927 by Representatives Lantz, Schual-Berke, Clibborn, Campbell, Moeller, Cody, Morrell, Rockefeller, Kirby, Lovick, Kenney, Linville, Veloria, Conway, Simpson, Sommers and Haigh

Concerning mandatory mediation and arbitration of health care claims.

Referred to Committee on Health and Long-Term Care.

HB 1929 by Representatives Lantz, Carrell, Cody, McMahan, Schual-Berke, Clibborn, Kessler, Newhouse, Campbell, Moeller, Morrell, Rockefeller, Kirby, Lovick, Kenney, Linville, Veloria, Conway, Simpson, Sommers and Haigh

Reenacting the eight-year statute of repose.

Referred to Committee on Health and Long-Term Care.

E2SHB 2119 by House Committee on Appropriations (originally sponsored by Representatives Linville, Morris, Romero, Kagi, Kirby, Edwards, Wallace, Chase, Cooper, Hunt and Upthegrove)

Establishing the Washington climate action registry.

Referred to Committee on Natural Resources, Energy and Water.

SHB 2197 by House Committee on Appropriations (originally sponsored by Representatives Conway, Benson, Grant, McDonald, Dunshee, Cox, Ruderman, Buck, Miloscia, Delvin, Cooper, Hinkle, Gombosky, Campbell, Simpson, Linville, Hunt, Berkey and Bush)

Implementing Initiative Measure No. 790.

Referred to Committee on Ways and Means.

MOTION

On motion of Senator Sheahan, Substitute House Bill No. 1695 was referred to the Committee on Land Use and Planning.

MOTION

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

SENATE RESOLUTION 8645

By Senators Kohl-Welles, Deccio, West, Thibaudeau and Fairley

WHEREAS, Colorectal cancer is second to lung cancer in the number of deaths it causes in the United States; and

WHEREAS, In 2003 across the United States, an estimated 147,500 new cases of colorectal cancer will be diagnosed, and 57,100 Americans are expected to die of colorectal cancer; and

WHEREAS, In Washington state, it is estimated that 2,700 new cases of colorectal cancer will be found, and 1,000 people will die in 2003; and

WHEREAS, Colorectal cancer can affect anyone of any age, race, or sex. Nine out of ten diagnoses will occur in people aged fifty years and older. Men are slightly more likely to develop colorectal cancer and die of the disease than women. Also, African-Americans are ten percent more likely to be diagnosed with colorectal cancer than Caucasians and thirty percent more likely to die of the disease; and

WHEREAS, Despite its high incidence, colorectal cancer is one of the most detectable and, if found early, most treatable forms of cancer. Ninety percent of those diagnosed early while the cancer is still localized survive more than five years. Sadly, only thirty-seven percent of all colorectal cancers are detected early enough for survival to occur. When the cancer is diagnosed at a more advanced stage, having spread to the surrounding region, the five-year survival rate drops from ninety percent to sixty-five percent. When diagnosed at an advanced stage, having spread to distant organs, the five-year survival rate is only nine percent and

WHEREAS, Early detection is still our best defense against this devastating disease, regular screening can prevent over half of all colon cancer deaths in the United States. Yet, a majority of Americans are not being screened on a regular basis in enough time to catch the cancer while it is still localized. In a recent survey, the Centers for Disease Control found that only forty percent of all Americans reported that they had ever used the most inferior of screening methods and just forty-two percent had ever had a more advanced screening. This compares to eighty-five percent of all women who had been screened for breast cancer; and

WHEREAS, Low screening rates for colorectal cancer are due to many factors, including a lack of public awareness about colorectal cancer and of the benefits of regular screening, negative attitudes towards the screening procedures, the complete lack of symptoms in most cases, and the absence of social support for openly discussing and doing something about this particular disease; and

WHEREAS, On November 19, 1999, the United States Senate designated March as National Colorectal Cancer Awareness Month and on October 3, 2000, the United States House of Representatives passed House Concurrent Resolution 133, legislation that recognizes the impact of colorectal cancer and urges action be taken;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize both the victims of cancer and those fighting for a cure. During Colorectal Cancer Awareness Month, Washingtonians are urged to become more aware of the risks facing them regarding this disease and actively fight it by getting regular screenings for colorectal cancer; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the American Cancer Society.

MOTION

At 12:05 p.m., on motion of Senator Sheahan, the Senate adjourned until 12:00 noon, Friday, March 21, 2003.

BRAD OWEN, President of the Senate

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