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TENTH DAY, FIRST SPECIAL SESSION

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NOON SESSION

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Senate Chamber, Olympia, Wednesday, May 21, 2003

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

MOTION

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

MESSAGE FROM THE SECRETARY OF STATE

The Honorable Brad Owen

President of the Senate

Legislature of the State of Washington

Olympia, Washington 98504

Dear President Owen:

      We respectfully transmit for your consideration the following bill which has been partially vetoed by the Governor, together with the official veto message setting forth his objections to the section or items of the bill, as required by Article III, section 12, of the Washington State Constitution:

      ENGROSSED SENATE BILL NO. 5073

                                                                      IN TESTIMONY WHEREOF, I have hereunto set my

                                                                      hand and affixed the Seal of the state of Washington,

                                                                      this 19th day of May, 2003.

      (Seal)                                                                                                                                                                                           SAM REED,

Secretary of State

MESSAGE FROM THE GOVERNOR

May 16, 2003

To the Honorable President and Members,

The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval as to section 5 of Engrossed Senate Bill No. 5073 entitled:

“AN ACT Relating to watershed management;"

      This bill provides a number of mechanisms that will assist local governments to cooperate among themselves in watershed planning efforts.

      With the concurrence of the prime sponsor, I have vetoed section 5, which contains some confusing language.

      For this reason, I have vetoed section 5 of Engrossed Senate Bill No. 5073.

      With the exception of section 5, I am signing Engrossed Senate Bill No. 5073.

Respectfully submitted,

GARY LOCKE, Governor

MOTION

      On motion of Senator Fraser, the partial veto message on Engrossed Senate Bill No. 5073 was held at the desk.

MESSAGE FROM THE GOVERNOR

May 20, 2003

To the Honorable President and Members,

The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Substitute Senate Bill No. 5179 entitled:

"AN ACT Relating to body-gripping traps;"

      This bill would have provided that a trapping program is in the state’s interest and that the sale of pelts is consistent with the Legislature’s intent not to waste a wildlife resource. It would have allowed, if permitted by the director of the Department of Fish and Wildlife (DFW), use of a body-gripping trap to address animal problems and fur-bearer management needs.

      Early this session, I supported legislation that would have addressed the specific problems associated with Initiative 713. This legislation would have allowed the use of traps on moles, gophers and mountain beavers, and provided additional protections for livestock. At that time, I also indicated my opposition to legislation that would repeal the core principles underlying the initiative. Whenever possible, improvements to address unintended consequences of an initiative should be pursued before consideration of a repeal. Because this bill effectively repeals the initiative, even though an alternative legislative solution exists to address the problems of the initiative, I have vetoed the bill in its entirety.

      We need to put this issue behind us by looking for ways we can creatively implement solutions, rather than perpetuate problems. With this message, I am requesting members of the Fish and Wildlife Commission to closely oversee DFW’s implementation of Initiative 713, consistent with its spirit and intent. Specifically, I would like the Commission to recommend changes to help protect livestock and reduce damage to public property, and to conduct an educational outreach program around the state that explains the availability of the special permit program allowed under Initiative 713. In the meantime, I also would expect that given current financial constraints, DFW would use its limited enforcement resources on higher priorities rather than against homeowners, businesses and the timber industry that have trapped for moles, gophers and mountain beavers. I would like the Commission Chair to provide me with a report in person by December 1, 2003.

      For these reasons, I have vetoed Substitute Senate Bill No. 5179 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MOTION

      On motion of Senator Fraser, the veto message on Substitute Senate Bill No. 5179 was held at the desk.

MESSAGE FROM THE GOVERNOR

May 15, 2003

To the Honorable President and Members

The Senate of the State of Washington

Ladies and Gentlemen:

      I have the honor to advise you that on May 14, 2003, Governor Locke approved the following Senate Bills entitled:

      Substitute Senate Bill No. 5039

      Relating to hepatitis C.

      Senate Bill No. 5042

      Relating to the department of natural resources' contractual authority.

      Senate Bill No. 5065

      Relating to obtaining a geologist license.

      Second Substitute Senate Bill No. 5074

      Relating to the authority of the department of natural resources to contract for the harvest of timber from state trust lands.

      Substitute Senate Bill No. 5144

      Relating to protecting forest health.

      Senate Bill No. 5176

      Relating to providing wildland fire fighting training.

      Engrossed Substitute Senate Bill No. 5178

      Relating to funding and expenditures for legislative trade hosting and mission activities.

      Substitute Senate Bill No. 5204

      Relating to enhancing watchable wildlife activities.

      Engrossed Substitute Senate Bill No. 5223

      Relating to mental health advance directives.

      Substitute Senate Bill No. 5473

      Relating to providing law enforcement officers with training in interaction with persons with a developmental disability or mental illness.

      Substitute Senate Bill No. 6012

      Relating to shoreline management.

      Substitute Senate Bill No. 6073

      Relating to authorizing the increase of shellfish license fees to fund shellfish biotoxin testing and monitoring.

Sincerely,

JENNIFER JOLY, General Counsel

MESSAGE FROM THE GOVERNOR

May 16, 2003

To the Honorable President and Members

The Senate of the State of Washington

Ladies and Gentlemen:

      I have the honor to advise you that on May 16, 2003, Governor Locke approved the following Senate Bills entitled:

      Substitute Senate Bill No. 5190

      Relating to fuel tax evasion.

      Engrossed Senate Bill No. 5245

      Relating to involving legislators in transportation planning.

      Engrossed Substitute Senate Bill No. 5247

      Relating to alternative local option fuel taxes.

      Senate Bill No. 5284

      Relating to failure to use required traction equipment.

      Engrossed Senate Bill No. 5343

      Relating to watershed planning.

      Substitute Senate Bill No. 5407

      Relating to franchise agreements between motorsports vehicle dealers and manufacturers.

      Substitute Senate Bill No. 5409

      Relating to providing a new direct petition annexation method.

      Engrossed Senate Bill No. 5450

      Relating to providing incentives to reduce air pollution through the licensing and use of neighborhood electric vehicles.

      Substitute Senate Bill No. 5457

      Relating to posting of hazards to motorcycles.

      Substitute Senate Bill No. 5497

      Relating to moving and relocation expenses.

      Senate Bill No. 5507

      Relating to standing before growth management hearings boards.

      Substitute Senate Bill No. 5520

      Relating to authorizing the ferry system to use alternative public works contracting procedures.

      Substitute Senate Bill No. 5575

      Relating to small irrigation impoundments.

      Engrossed Substitute Senate Bill No. 5586

      Relating to granting authority to address concerns with lead-based paint activities.

      Substitute Senate Bill No. 5600

      Relating to disposition of returned license plates.

      Substitute Senate Bill No. 5602

      Relating to accommodating housing and employment growth for local jurisdictions planning under RCW 36.70A.040.

      Engrossed Substitute Senate Bill No. 5889

      Relating to animal feeding operations.

      Substitute Senate Bill No. 5891

      Relating to livestock identification.

Sincerely,

JENNIFER JOLY, General Counsel

MESSAGE FROM THE GOVERNOR

May 16, 2003

To the Honorable President and Members

The Senate of the State of Washington

Ladies and Gentlemen:

      I have the honor to advise you that on May 16, 2003, Governor Locke approved the following Senate Bills entitled:

      Substitute Senate Bill No. 5248

      Relating to transportation.

      Substitute Senate Bill No. 5748

      Relating to transportation-related performance audits.

Sincerely,

JENNIFER JOLY, General Counsel

MOTION

      At 12:05 p.m., on motion of Senator Fraser, the Senate adjourned until 11:45 a.m., Friday, May 23, 2003.

BRAD OWEN, President of the Senate

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