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TWENTY-FOURTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, February 5, 2003

      The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senator Kastama.

      The Sergeant at Arms Color Guard consisting of Pages Carli Moller and Jeremiah Root, presented the Colors. Reverend Deborah Heathcock, rector of St. John's Episcopal Church 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 4, 2003

SB 5079             Prime Sponsor, Senator Finkbeiner: Promoting natural science, wildlife, and environmental education. Reported by Committee on Education


      MAJORITY Recommendation: That Substitute Senate Bill No. 5079 be substituted therefor, and the substitute bill do pass. Signed by Senators Johnson, Chair; Zarelli, Vice Chair; Carlson, Eide, Finkbeiner, McAuliffe, Rasmussen and Schmidt.


      Passed to Committee on Rules for second reading.


February 4, 2003

SB 5195             Prime Sponsor, Senator Swecker: Forwarding grain when an emergency storage situation exists. 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.


February 3, 2003

SB 5245             Prime Sponsor, Senator Horn: Involving legislators in transportation planning. Reported by Committee on Highways and Transportation


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


      Passed to Committee on Rules for second reading.


February 3, 2003

SB 5246             Prime Sponsor, Senator Esser: Modifying subagent authority to process mail-in vehicle registration renewals. Reported by Committee on Highways and Transportation


      MAJORITY Recommendation: That Substitute Senate Bill No. 5246 be substituted therefor, and the substitute bill do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Mulliken, Oke, Prentice and Spanel.


      Passed to Committee on Rules for second reading.


REPORT OF STANDING COMMITTEE

GUBERNATORIAL APPOINTMENT

 

February 4, 2003

GA 9060            VALORIA LOVELAND, appointed June 1, 2002, for a term ending at the Governor’s pleasure, as Director of the Department of Agriculture.

                           Reported by Committee on Agriculture


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Jacobsen, Rasmussen and Sheahan.


      Passed to Committee on Rules.


INTRODUCTION AND FIRST READING

 

SB 5649             by Senators Swecker, Rasmussen and Kohl-Welles (by request of Department of Health)

 

AN ACT Relating to referencing the United States food and drug administration's food code; adding a new section to chapter 43.20 RCW; and creating a new section.

 

Referred to Committee on Agriculture.

 

SB 5650             by Senators T. Sheldon, Benton, Finkbeiner, Johnson and Schmidt

 

AN ACT Relating to extending expiration dates on tax credits, exemptions, and deferrals; amending RCW 82.04.050, 82.04.190, 82.04.2635, 82.04.312, 82.16.042, 82.04.4452, 82.04.4456, 82.04.4457, 82.60.040, 82.60.050, and 82.63.030; and providing expiration dates.

 

Referred to Committee on Economic Development.

 

SB 5651             by Senators Hargrove, Mulliken and T. Sheldon

 

AN ACT Relating to urban industrial land banks in counties with low population densities; and amending RCW 36.70A.367.

 

Referred to Committee on Land Use and Planning.

 

SB 5652             by Senators Stevens and Hargrove

 

AN ACT Relating to adoption-related advertising; and amending RCW 26.33.410.

 

Referred to Committee on Children and Family Services and Corrections.

 

SB 5653             by Senators Sheahan and Brown

 

AN ACT Relating to residency for purposes of attending Washington public schools; and amending RCW 28A.225.170.

 

Referred to Committee on Education.

 

SB 5654             by Senators McCaslin and Roach

 

AN ACT Relating to fire protection in newly incorporated cities and towns; and amending RCW 52.04.161.

 

Referred to Committee on Government Operations and Elections.

 

SB 5655             by Senators Morton, Hale, Hargrove, West, Honeyford, T. Sheldon and Benton

 

AN ACT Relating to ensuring the consistent application of principles of the regulatory reform act of 1995 to natural resource agency rules, policies, and permits; adding a new section to chapter 43.21B RCW; adding a new section to chapter 43.30 RCW; adding a new section to chapter 77.04 RCW; creating a new section; and declaring an emergency.

 

Referred to Committee on Natural Resources, Energy and Water.

 

SB 5656             by Senators Stevens, Reardon, Esser, Doumit, Finkbeiner, T. Sheldon, Schmidt and Oke

 

AN ACT Relating to allowing for the limited use of new methods to locate utility rights of way on state lands and forest lands; and amending RCW 79.01.384, 79.01.388, and 79.01.392.

 

Referred to Committee on Technology and Communications.

 

SB 5657             by Senators Roach, Fraser, Winsley, Eide, Benton, Rasmussen and Shin

 

AN ACT Relating to public employees' retirement system, plan 1 members' monetary compensation for accrued sick leave; reenacting and amending RCW 41.04.340; providing an expiration date; and declaring an emergency.

 

Referred to Committee on Ways and Means.

 

SB 5658             by Senators Mulliken, Haugen, T. Sheldon, Morton and Rasmussen

 

AN ACT Relating to the application of best available science under the growth management act; and amending RCW 36.70A.172.

 

Referred to Committee on Land Use and Planning.

 

SB 5659             by Senators Winsley, Kastama, Oke, Franklin, Swecker, Rasmussen, Regala and Kohl-Welles

 

AN ACT Relating to authorizing additional funding for local governments; reenacting and amending RCW 84.52.010; adding a new section to chapter 82.14 RCW; adding new sections to chapter 84.52 RCW; and creating a new section.

 

Referred to Committee on Government Operations and Elections.

 

SB 5660             by Senators Kohl-Welles, Carlson, B. Sheldon, Schmidt, Shin, Mulliken, Horn, Kline, Prentice and Winsley

 

AN ACT Relating to gaining independence for students by establishing an educational assistance grant program for students with dependents; amending RCW 28B.10.801; adding a new section to chapter 74.04 RCW; and adding a new chapter to Title 28B RCW.

 

Referred to Committee on Higher Education.

 

SB 5661             by Senators Schmidt, Mulliken, Shin, Finkbeiner, Stevens, Esser, Johnson, Reardon and Oke

 

AN ACT Relating to allowing the use of agricultural lands not currently being farmed as sites for recreational activities; and amending RCW 36.70A.060 and 36.70A.177.

 

Referred to Committee on Land Use and Planning.

 

SB 5662             by Senators Hale, T. Sheldon and Schmidt

 

AN ACT Relating to the community economic revitalization board; and amending RCW 43.160.030 and 43.160.035.

 

Referred to Committee on Economic Development.

 

SB 5663             by Senators Morton and McCaslin

 

AN ACT Relating to the review of state boundary lines; creating new sections; and making an appropriation.

 

Referred to Committee on Government Operations and Elections.

 

SB 5664             by Senator Morton

 

AN ACT Relating to uniformed personnel collective bargaining; and amending RCW 41.56.030 and 41.56.465.

 

Referred to Committee on Commerce and Trade.

 

SB 5665             by Senators Rasmussen and Swecker

 

AN ACT Relating to administration of irrigation districts; and amending RCW 87.03.138, 87.03.443, 87.06.030, 87.06.060, 87.06.110, 60.80.005, 60.80.010, and 60.80.020.

 

Referred to Committee on Agriculture.

 

SB 5666             by Senators Rasmussen, Roach, Jacobsen, Oke, Schmidt, Winsley and Shin

 

AN ACT Relating to defining veteran for certain purposes; and amending RCW 41.04.007.

 

Referred to Committee on Government Operations and Elections.

 

SB 5667             by Senators Roach, Rasmussen and Benton

 

AN ACT Relating to clarifying elected officials' access to open public meetings; and amending RCW 42.30.030.

 

Referred to Committee on Government Operations and Elections.

 

SB 5668             by Senators Sheahan, Shin, T. Sheldon, Hewitt, Reardon, Benton, Prentice, Schmidt, Hale and Winsley

 

AN ACT Relating to the use of hotel-motel taxes for tourism promotions; and amending RCW 67.28.080, 67.28.1817, and 67.28.1815.

 

Referred to Committee on Economic Development.

 

SB 5669             by Senators Fraser, Morton, Swecker and Winsley

 

AN ACT Relating to termination of residential heating service; and amending RCW 35.21.300.

 

Referred to Committee on Natural Resources, Energy and Water.

 

SB 5670             by Senators Fraser, Kohl-Welles, Brandland, Kline, Hargrove, Esser, Thibaudeau, Jacobsen, Prentice, B. Sheldon and Winsley

 

AN ACT Relating to trafficking in persons; amending RCW 9.94A.535; reenacting and amending RCW 9.94A.515 and 9.94A.515; adding a new section to chapter 9A.40 RCW; prescribing penalties; providing an effective date; and providing an expiration date.

 

Referred to Committee on Judiciary.

 

SB 5671             by Senators Keiser, Winsley, Doumit and Kohl-Welles

 

AN ACT Relating to mortgage lending; amending RCW 31.04.015 and 31.04.102; and adding new sections to chapter 31.04 RCW.

 

Referred to Committee on Financial Services, Insurance and Housing.

 

SB 5672             by Senators Keiser, Winsley, Prentice, Doumit and Kohl-Welles

 

AN ACT Relating to residential mortgage loans; and adding new sections to chapter 31.04 RCW.

 

Referred to Committee on Financial Services, Insurance and Housing.

 

SB 5673             by Senators Brandland, Benton, Stevens, Hargrove, Honeyford, Haugen, Mulliken and Winsley

 

AN ACT Relating to nonliability for a formerly confined person's acts subsequent to release; and adding a new section to chapter 70.48 RCW.

 

Referred to Committee on Children and Family Services and Corrections.

 

SB 5674             by Senators Finkbeiner, Prentice, Esser, Haugen and Horn

 

AN ACT Relating to regional transit authorities; amending RCW 81.112.050, 81.112.070, 81.112.140, 81.112.130, and 81.112.150; providing an effective date; and declaring an emergency.

 

Referred to Committee on Highways and Transportation.

 

SB 5675             by Senators Deccio, Thibaudeau, Prentice, Franklin, Keiser, Winsley, Brown, Kohl-Welles and B. Sheldon

 

AN ACT Relating to prescriptive authority of advanced registered nurse practitioners; and amending RCW 69.41.030 and 69.50.101.

 

Referred to Committee on Health and Long-Term Care.


MOTION


      On motion of Senator Sheahan, Engrossed Substitute House Bill No. 1053, which was held on the desk January 30, 2003, was referred to the Committee on Government Operations and Elections.


MOTION


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


SENATE RESOLUTION 8614


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


      WHEREAS, In the early morning hours of Saturday, February 1, 2003, the nation suffered the devastating loss of the Columbia Space Shuttle and its seven astronauts; and

      WHEREAS, The Shuttle Mission STS-107 crew consisted of Commander Rick D. Husband, Pilot William C. McCool, Payload Commander Michael P. Anderson, Mission Specialists Kalpana Chawla, David M. Brown, and Laurel B. Clark, and Payload Specialist Ilan Ramon; and

      WHEREAS, Members of this daring and courageous crew included Michael P. Anderson, a graduate of Cheney High School in Cheney, and William McCool, a United States Navy aviator formerly stationed at Whidbey Island Naval Air Station; and

      WHEREAS, Michael P. Anderson went on to earn degrees from the University of Washington in 1981 and Creighton University in 1990, as well as becoming a member of the United States Air Force, earning the rank of Lieutenant Colonel; and

      WHEREAS, Lieutenant Colonel Anderson accepted invitations to return to Spokane to motivate and inspire Washington's young and old alike, earning a "Spokane Citizen of the Year" Award in 1998; and

      WHEREAS, Commander McCool, while residing in Anacortes, came to love Washington's natural beauty becoming a charter member of "Friends of Olympic National Park"; and

      WHEREAS, Lieutenant Colonel Anderson's and Commander McCool's personal achievements, exploits in space, their lives, and sacrifices will reverberate for generations; and

      WHEREAS, Lieutenant Colonel Anderson, Commander McCool, and the rest of the Shuttle Mission STS-107 crew were inscribed upon the hearts of their families, they are now etched forever upon the heart and memory of the residents of the state of Washington and a grateful nation; and

      WHEREAS, The heartbreak and sorrow suffered by the overwhelming personal loss to Lieutenant Colonel Anderson's wife, Sandra, their daughters, and his parents, Bobbie and Barbara Anderson, as well as that of Commander McCool's wife and children is shared by all the residents of the state of Washington;





      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate express its utmost sorrow for the loss of our beloved astronauts on February 1, 2003, over the skies of Texas, and extend our heartfelt prayers to the families and the National Aeronautics and Space Administration for healing, comfort, and recovery; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Mrs. Sandra Hawkins Anderson, Mrs. William McCool, Mr. and Mrs. Bobbie Anderson, and NASA Administrator Sean O'Keefe.


      Senators Sheahan, Brown and Horn spoke to Senate Resolution 8614.


MOMENT OF SILENCE


      The members of the Senate stood for a moment of silence in remembrance of the Columbia Space Shuttle Crew who lost their lives on February 1, 2003.


MOTION


      On motion of Senator Sheahan, Senate Rule 20 was suspended for the remainder of the day.


      EDITOR’S NOTE: Senate Rule 20 states: ‘The Senate shall consider no more than one floor resolution per day in session.’



MOTION


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


SENATE RESOLUTION 8602


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


      WHEREAS, The state of Washington recognizes the critical importance and fundamental right of parents to be actively involved in the direction of their children's education and character development; and

      WHEREAS, Home schools can provide families the opportunity for their children to receive a sound academic education and reinforced by the at-home educational process; and

      WHEREAS, The state of Washington is committed to excellence in education and student achievement; and

      WHEREAS, Studies confirm that children who are educated at home score exceptionally well on nationally normed achievement tests, exhibit self-confidence and good citizenship, and are fully prepared to meet the challenge of today's society; and

      WHEREAS, The state of Washington appropriately recognizes, by law, the right to home education as a legitimate and viable educational alternative; and

      WHEREAS, Teaching children at home was the predominant form of education for much of America's early years; and

      WHEREAS, Many notable Americans have been the product of home education, including George and Martha Washington, Benjamin Franklin, Abigail Adams, John Quincy Adams, Thomas Edison, Helen Keller, Douglas MacArthur, Pearl S. Buck, Franklin Roosevelt, Patrick Henry, John Marshall, Abraham Lincoln, Booker T. Washington, and Woodrow Wilson; and

      WHEREAS, Washington now has more children being educated at home schools than ever before in the history of our state; and

      WHEREAS, Some parents of students who home school have accepted an additional financial responsibility to provide for their children's education, while at the same time paying taxes that support Washington's Public School System; and

      WHEREAS, Some parent educators devote countless hours to helping their children attain academic excellence, a deep sense of patriotism, and civic responsibility and prepare them to become productive citizens; and

      WHEREAS, It is appropriate that Washington's home-educating families be recognized for their selfless contribution to the quality of education in this great state;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington hereby honor, thank, and celebrate the home-educating families in the state.


      Senators Hargrove, Morton, McAuliffe, Johnson and Shin spoke to Senate Resolution 8602.


PERSONAL PRIVILEGE


      Senator Hewitt: “A point of personal privilege, Mr. President. Well, members, you may have noticed that I am the only one from my caucus that is sitting on this side of the aisle. That was by choice, I might add. I have had some concerns since I have moved over here and I would like to share those with the body, if I could. First, we put Altoids on the desk for Senator Hargrove, but I would like to remind the good Senator from the Third District, who is also the minority leader that just because I am sitting here doesn’t count twenty-five. So, that is observation number one. The second is that the debate in my caucus is who is going to rub off on who with the Senator from the Twenty-fourth District? Well, my last concern and probably my biggest concern is that I am sitting right in front of the good Senator from the Thirty-seventh District. So, when he gives one of his less than conservative speeches on the floor, I am going to apologize in advance, because I will be moving because I will be on TV with him. There is no possible way that I can have my face on TVW with the Senator from the Thirty-seventh District. I apologize in advance and thank you for listening.”






MOTION


      At 10:39 a.m., on motion of Senator Sheahan, the Senate adjourned until 12:00 noon, Thursday, February 6, 2003.


BRAD OWEN, President of the Senate


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