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+                                                                                        SEVENTY-FIFTH DAY

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NOON SESSION

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Senate Chamber, Olympia, Friday, March 28, 2003

      The Senate was called to order at 12:08 p.m. by President Pro Tempore Winsley No roll call was taken.

MOTION

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

REPORTS OF STANDING COMMITTEES

March 26, 2003

HB 1045            Prime Sponsor, Representative Miloscia: Modifying water-sewer district bidding provisions. 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.

March 27, 2003

HB 1052            Prime Sponsor, Representative Nixon: Limiting the liability of certain persons who provide volunteer emergency repairs. Reported by Committee on Judiciary

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

      Passed to Committee on Rules for second reading.

March 27, 2003

SHB 1061          Prime Sponsor, House Committee on Higher Education: Authorizing associate degree pathways for persons in apprenticeship programs at community and technical colleges. Reported by Committee on Higher Education

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

      Passed to Committee on Rules for second reading.

March 26, 2003

SHB 1074          Prime Sponsor, House Committee on Transportation: Allowing release of impounded vehicles to owners. Reported by Committee on Judiciary

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

      Passed to Committee on Rules for second reading.

March 27, 2003

EHB 1079          Prime Sponsor, Representative Kenney: Expanding the definition of resident student for higher education purposes. Reported by Committee on Higher Education

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

      Passed to Committee on Rules for second reading.

March 27, 2003

HB 1083            Prime Sponsor, Representative Simpson: Making clarifying, nonsubstantive amendments to and correcting outdated references in the insurance code. 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.

March 27, 2003

SHB 1086          Prime Sponsor, House Committee on Transportation: Moving mobile homes by mobile home park owners. Reported by Committee on Highways and Transportation

      MAJORITY Recommendation: Do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Haugen, Kastama, Mulliken, Oke, Prentice and Spanel.

      Passed to Committee on Rules for second reading.

March 27, 2003

SHB 1100          Prime Sponsor, House Committee on Agriculture and Natural Resources: Regulating the sale, processing, or purchase of agricultural products. Reported by Committee on Agriculture

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Jacobsen, Rasmussen and Sheahan.

      Passed to Committee on Rules for second reading.

March 27, 2003

SHB 1128          Prime Sponsor, House Committee on Financial Institutions and Insurance: Prohibiting insurers from taking certain underwriting actions regarding property insurance policies due to claims made for malicious harassment. Reported by Committee on Financial Services, Insurance and Housing

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

      Passed to Committee on Rules for second reading.

March 27, 2003

SHB 1219          Prime Sponsor, House Committee on Financial Institutions and Insurance: Addressing violations connected with the offer, sale, or purchase of securities. Reported by Committee on Financial Services, Insurance and Housing

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

      Passed to Committee on Rules for second reading.

March 27, 2003

SHB 1269          Prime Sponsor, House Committee on Agriculture and Natural Resources: Regulating structural pest inspectors. Reported by Committee on Agriculture

      MAJORITY Recommendation: Do pass. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Jacobsen, Rasmussen and Sheahan.

      Passed to Committee on Rules for second reading.

March 27, 2003

ESHB 1277        Prime Sponsor, House Committee on Higher Education: Gaining independence for students by creating the educational assistance grant program for financially needy students with dependents. Reported by Committee on Higher Education

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

      Passed to Committee on Rules for second reading.

March 28, 2003

HB 1292            Prime Sponsor, Representative Rockefeller: Authorizing additional superior court judicial positions. 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.

March 27, 2003

HB 1318            Prime Sponsor, Representative Darneille: Allowing the state board of health to reference the United States food and drug administration's food code for the purpose of adopting food service rules. Reported by Committee on Agriculture

      MAJORITY Recommendation: Do pass. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Jacobsen, Rasmussen and Sheahan.

      Passed to Committee on Rules for second reading.

March 27, 2003

SHB 1346          Prime Sponsor, House Committee on Judiciary: Changing provisions relating to vacation of records of conviction for pre-sentencing reform act felony offenses. 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.

March 27, 2003

HB 1356            Prime Sponsor, Representative Dunshee: Updating utilities and transportation commission regulatory fees. Reported by Committee on Highways and Transportation

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Haugen, Kastama, Mulliken, Oke, Prentice and Spanel.

      Passed to Committee on Rules for second reading.

March 28, 2003

SHB 1416          Prime Sponsor, House Committee on Juvenile Justice and Family Law: Adjusting the time of restoration of a juvenile's driving privilege. 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.

March 27, 2003

HB 1435            Prime Sponsor, Representative Armstrong: Concerning the fruit and vegetable district fund. Reported by Committee on Agriculture

      MAJORITY Recommendation: Do pass. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Jacobsen, Rasmussen and Sheahan.

      Passed to Committee on Rules for second reading.

March 27, 2003

SHB 1455          Prime Sponsor, House Committee on Financial Institutions and Insurance: Licensing and regulating money transmission and currency exchange. 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.

March 26, 2003

ESHB 1462        Prime Sponsor, House Committee on Finance: Prohibiting local governments from imposing business and occupation tax on intellectual property. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass. Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Fairley, Hale, Honeyford, Parlette, Poulsen, Roach, Sheahan and Winsley.

      Passed to Committee on Rules for second reading.

March 27, 2003

ESHB 1524        Prime Sponsor, House Committee on Local Government: Restricting utility assessments and charges for certain mobile home parks. 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.

March 26, 2003

ESHB 1564        Prime Sponsor, House Committee on Local Government: Clarifying county treasurer fiscal provisions. 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.

March 26, 2003

HB 1566            Prime Sponsor, Representative Alexander: Modifying record retention provisions for county auditors. 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.

March 27, 2003

HB 1576            Prime Sponsor, Representative Campbell: Revising provisions relating to dismissal of citations for failure to provide proof of insurance. Reported by Committee on Judiciary

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

      Passed to Committee on Rules for second reading.

March 26, 2003

HB 1591            Prime Sponsor, Representative Gombosky: Modifying excise tax interest provisions. Reported by Committee on Ways and Means

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

      Passed to Committee on Rules for second reading.

March 27, 2003

SHB 1597          Prime Sponsor, House Committee on Transportation: Allowing holders of commercial drivers' licenses to delay a physical examination. Reported by Committee on Highways and Transportation

      MAJORITY Recommendation: Do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Haugen, Kastama, Mulliken, Oke and Prentice.

      Passed to Committee on Rules for second reading.

March 26, 2003

HB 1621            Prime Sponsor, Representative Morrell: 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.

March 27, 2003

HB 1654            Prime Sponsor, Representative Schual-Berke: 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.

March 27, 2003

SHB 1721          Prime Sponsor, House Committee on Health Care: Concerning dentistry. Reported by Committee on Health and Long-Term Care

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

      Passed to Committee on Rules for second reading.

March 27, 2003

ESHB 1754        Prime Sponsor, House Committee on Agriculture and Natural Resources: Concerning the slaughter, preparation, and sale of certain poultry. Reported by Committee on Agriculture

      MAJORITY Recommendation: Do pass as amended and be referred to Committee on Ways and Means. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Jacobsen, Rasmussen and Sheahan.

      Referred to Committee on Ways and Means.

March 26, 2003

SHB 1785          Prime Sponsor, House Committee on Health Care: Limiting disclosure of client information. Reported by Committee on Health and Long-Term Care

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

      Passed to Committee on Rules for second reading.

March 25, 2003

SHB 1837          Prime Sponsor, House Committee on Health Care: Authorizing certain fire protection districts to establish health clinic services. Reported by Committee on Health and Long-Term Care

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

      Passed to Committee on Rules for second reading.

March 27, 2003

ESHB 1845        Prime Sponsor, House Committee on State Government: Exempting bank account, social security, and credit card numbers from public disclosure. Reported by Committee on Financial Services, Insurance and Housing

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

      Passed to Committee on Rules for second reading.

March 26, 2003

HB 1935            Prime Sponsor, Representative Haigh: Changing prerequisites for county auditors calling special elections. 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.

March 27, 2003

HB 1937            Prime Sponsor, Representative Murray: Excluding power wheelchairs from motor vehicle regulation. Reported by Committee on Highways and Transportation

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Haugen, Kastama, Mulliken, Oke, Prentice and Spanel.

      Passed to Committee on Rules for second reading.

March 27, 2003

HB 1943            Prime Sponsor, House Committee on Finance: Modifying cigarette regulatory provisions. 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.

March 27, 2003

HB 1954            Prime Sponsor, Representative Moeller: Permitting a retired judge acting as a judge pro tempore to decline compensation. Reported by Committee on Judiciary

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

      Passed to Committee on Rules for second reading.

March 26, 2003

EHB 2030          Prime Sponsor, Representative Kessler: Changing requirements regarding state and local tax to provide for municipal business and occupation tax uniformity and fairness. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass. Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Zarelli, Vice Chair; Hale, Honeyford, Johnson, Parlette, Roach and Sheahan.

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

      Passed to Committee on Rules for second reading.

March 27, 2003

EHB 2140          Prime Sponsor, Representative Grant: Reaffirming the role of the state conservation commission. Reported by Committee on Agriculture

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Jacobsen, Rasmussen and Sheahan.

      Passed to Committee on Rules for second reading.

March 26, 2003

HB 2186            Prime Sponsor, Representative Fromhold: Making an irrevocable choice to waive rights to the defined benefit under the plan 3 retirement systems. Reported by Committee on Ways and Means

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

      Passed to Committee on Rules for second reading.

March 27, 2003

SHB 2202          Prime Sponsor, House Committee on Commerce and Labor: Providing for cosmetology apprenticeships. Reported by Committee on Commerce and Trade

      MAJORITY Recommendation: That the bill be referred to the Committee on Financial Services, Insurance and Housing. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.

      Referred to Committee on Financial Services, Insurance and Housing.

March 26, 2003

SHJM 4000        Prime Sponsor, House Committee on Technology, Telecommunications and Energy: Supporting regional infrastructure security. Reported by Committee on Natural Resources, Energy and Water

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

      Passed to Committee on Rules for second reading.

March 26, 2003

SHJM 4004        Prime Sponsor, House Committee on Finance: Requesting Congress to restore the federal income tax deduction for state and local sales taxes. Reported by Committee on Ways and Means

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

      Passed to Committee on Rules for second reading.

REPORT OF STANDING COMMITTEE

GUBERNATORIAL APPOINTMENT

March 27, 2003

GA 9005            EDWARD L. BARNES, reappointed April 23, 2002, for a term ending June 30, 2007, as a member of the Transportation Commission. Reported by Committee on Highways and Transportation

      MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair, Esser, Haugen, Jacobsen, Kastama, Mulliken, Oke, Prentice and Spanel

      Passed to Committee on Rules.

MESSAGE FROM THE HOUSE

March 27, 2003

MR. PRESIDENT:

      The Speaker has signed SUBSTITUTE HOUSE BILL NO. 1063, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MESSAGE FROM THE HOUSE

March 28, 2003

MR. PRESIDENT:

      The House has passed ENGROSSED SENATE BILL NO. 5279, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

SIGNED BY THE PRESIDENT

      The President signed:

      SUBSTITUTE HOUSE BILL NO. 1063.

SIGNED BY THE PRESIDENT

      The President signed:

      ENGROSSED SENATE BILL NO. 5279

MOTION

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

SENATE RESOLUTION 8639

By Senators Regala, Kastama, Franklin, Rasmussen and Winsley