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TWENTY-NINTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, February 9, 2004
The Senate was called to order at 11:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senator Eide.
The Sergeant at Arms Color Guard consisting of Pages Anna Jenks and Anna Ross presented the Colors. Senator Adam Kline offered the prayer.
MOTION
On motion of Senator Esser, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
On motion of Senator Esser, the Senate advanced to the third order of business.
WASHINGTON STATE AUDITOR’S OFFICE
UNIVERSITY OF WASHINGTON
Olympia, Washington 98504
Mr. Milton H. Doumit, Jr.
P. O. Box 40482
Olympia, Washington 98504-0482
Dear Mr. Doumit:
The Washington State Auditor’s Office has submitted the following Accountability Audit Report for the period of July 1, 2002 through June 30, 2003 for the University of Washington.
Report No. 6386: University of Washington
Sincerely,
BRIAN SONNTAG, State Auditor
MESSAGE FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENT
August 20, 2003
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation:
Howard L. Phillips reappointed August 20, 2003 for the term ending August 2, 2006 as a member of the Sentencing Guidelines Commission.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Judiciary.
January 9, 2004
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation:
Sid Morrison appointed December 19, 2003 for the term ending September 30, 2009 as a member of the Board of Trustees for Central Washington University.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Higher Education.
January 27, 2004
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation:
Johns S. Niederhauser appointed January 27, 2004 for the term ending December 26, 2007 as a member of the Board of Pilotage Commissioners.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Highways & Transportation.
January 28, 2004
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation:
Annabelle Fitts appointed January 27, 2004 for the term ending July 1, 2007 as a member of the Board of Trustees for the State School for the Blind.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Education.
MOTION
On motion of Senator Esser, all measures listed on the Gubernatorial Appointment report were referred to the committees as designated.
MOTION
On motion of Senator Esser, the Senate advanced to the fourth order of business.
MESSAGES FROM THE HOUSE
February 6, 2004
MR. PRESIDENT:
The House has passed the following bills:
THIRD ENGROSSED HOUSE BILL NO. 1053,
ENGROSSED HOUSE BILL NO. 1510.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
February 6, 2004
MR. PRESIDENT:
The House has passed the following bills:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2089,
SUBSTITUTE HOUSE BILL NO. 2090,
HOUSE JOINT MEMORIAL NO. 4007.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
On motion of Senator Esser, the Senate advanced to the fifth order of business.
INTRODUCTIONS AND FIRST READING
SB 6738 by Senators Benton, Prentice and Horn
AN ACT Relating to regional transportation planning organization membership; and adding new sections to chapter 47.80 RCW.
Referred to Committee on Highways & Transportation.
INTRODUCTIONS AND FIRST READING OF HOUSE BILLS
3ESHB 1053 by House Committee on State Government (originally sponsored by Representatives Miloscia, Armstrong, Haigh, G. Simpson, Schoesler, Quall, O'Brien, Kirby, Cox, Eickmeyer, Berkey, McCoy, Ruderman, Hatfield, Sullivan, Morris, Linville, Ahern, Veloria, Bush, Conway, Dickerson, Lovick, Fromhold, Dunshee, Gombosky, Kenney, Kagi, Schual-Berke and Campbell)
Enhancing government accountability.
Referred to Committee on Government Operations & Elections.
EHB 1510 by Representatives Haigh, Eickmeyer, Morris and G. Simpson
Modifying the prorationing of fire protection district property tax levies.
Referred to Committee on Government Operations & Elections.
HB 1572 by Representatives Kirby, Newhouse, Moeller, Campbell, Fromhold, Hinkle and Condotta
Increasing small claims judgments upon failure to pay.
Referred to Committee on Judiciary.
HB 1952 by Representatives Hatfield, Blake and Cooper
Designating highways of statewide significance.
Referred to Committee on Highways & Transportation.
ESHB 2089 by House Committee on Higher Education (originally sponsored by Representatives McCoy, Wallace, Morrell, Kenney and Miloscia)
Changing veterans' tuition waiver provisions.
Referred to Committee on Higher Education.
SHB 2090 by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Clements, Sump and Orcutt)
Prohibiting interference with search and rescue dogs.
Referred to Committee on Judiciary.
HB 2129 by Representatives Sommers, Haigh, Anderson, Hunter, Tom, McDermott, Talcott and Nixon
Requiring agency reports to the legislature to be submitted electronically.
Referred to Committee on Government Operations & Elections.
HJM 4007 by Representatives Hinkle, Chopp, Haigh, Woods, Dunshee, Kirby, Boldt, O'Brien, Armstrong, DeBolt, Ahern, Newhouse, G. Simpson, Holmquist, Cairnes, Sump, Pearson, Shabro, Delvin, Hudgins, Linville, Conway, Skinner, Sullivan and Kenney
Requesting the issuance of an American coalminers stamp.
Referred to Committee on Natural Resources, Energy & Water.
MOTION
On motion of Senator Esser, all measures listed on the Introductions and First Reading report were referred to the committees as designated.
MOTION
On motion of Senator Esser, the Senate advanced to the sixth order of business.
SECOND READING
SENATE BILL NO. 6281, by Senators Hale, T. Sheldon, B. Sheldon, Esser, Roach and Rasmussen; by request of Department of Trade and Economic Development
Modifying provisions concerning the Hanford area economic investment fund.
The bill was read the second time.
MOTION
On motion of Senator Hale, the rules were suspended, Senate Bill No. 6281 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Hale and Sheldon, T. spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Senate Bill No. 6281.
MOTIONS
On motion of Senator Hewitt, Senators Benton, Mulliken and Winsley were excused.
On motion of Senator Doumit, Senators Eide and Poulsen were excused.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6281 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Thibaudeau and Zarelli - 46.
Absent: Senator Swecker - 1.
Excused: Senators Eide and Winsley - 2.
SENATE BILL NO. 6281, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5139, by Senator Carlson
Requiring school districts to provide or pay for state-supported remedial education at institutions of higher education. Revised for 1st Substitute: Concerning student preparation for college-level work.
MOTIONS
On motion of Senator Carlson, Substitute Senate Bill No. 5139 was substituted for Senate Bill No. 5139 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Carlson, the rules were suspended, Substitute Senate Bill No. 5139 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5139.
Senators Carlson and Kohl-Welles spoke in favor of passage of the bill.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5139 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau and Zarelli - 47.
Excused: Senators Eide and Winsley - 2.
SUBSTITUTE SENATE BILL NO. 5139, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6125, by Senator Morton
Conservancy board voting. Revised for 1st Substitute: Providing for alternate members of a water conservancy board.
MOTION
On motion of Senator Morton, Substitute Senate Bill No. 6125 was substituted for Senate Bill No. 6125 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Fraser moved that the following amendment by Senators Fraser and Doumit be adopted:
On page 6, after line 27 insert the following:
"(7) An alternate when serving as a commissioner in the review of an application before the board shall:
(a) review the written record before the board and any exhibits provided for the review or provided at the hearing if a hearing was held;
(b) review any audio or video recordings made of the proceedings on the application; and
©) conduct a site visit if a site visit by other commissioners acting on the application has been previously conducted.
(8) An alternate serving as a commissioner shall be guided by the conflict of interest standards applicable to all commissioners under RCW 90.80.120. The board shall provide notice of an alternate sitting as a commissioner to the applicant and other participants in proceedings before the board in a timely manner to provide sufficient time for any challenges for conflict of interest to be made prior to the board's decision on the application."
Senators Fraser and Doumit spoke in favor of adoption of the amendment.
MOTION
On motion of Senator Hewitt, Senators Oke and Sheldon, T. were excused.
Senators Morton and Honeyford spoke against adoption of the amendment.
Senator Fraser again spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Fraser and Doumit on page 6, after line 27 to Substitute Senate Bill No. 6125.
MOTIONS
Senator Sheldon, B. moved for a division on the adoption of the amendment.
The President declared the question before the Senate to be the motion by Sheldon, B. for a division and the motion was sustained.
The motion by Senator Fraser carried and the amendment was adopted on a rising vote.
On motion of Senator Morton, the rules were suspended, Engrossed Substitute Senate Bill No. 6125 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Morton and Doumit spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6125.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6125 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.
Excused: Senators Eide, Oke and Sheldon, T. - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6125, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
At 11:38 a.m., on motion of Senator Esser, the Senate was declared to be at ease subject to the Call of the President.
The Senate was called to order at 11:54 a.m. by President Owen.
MOTION
Senator Esser moved that Engrossed Substitute House Bill No. 2546, previously held at the desk on February 3, 2004, be placed on the second reading calendar.
Senator Sheldon, B: “Thank you, Mr. President. A point of parliamentary inquiry. I believe that that takes a two-thirds vote, Mr. President.”
President Owen: “That’s correct, it takes a suspension of the rules.”
Senator Brown spoke against the motion by Senator Esser to move Engrossed Substitute House Bill No. 2546 to the second reading calendar.
The President declared the question before the Senate to be the motion by Senator Esser to move Engrossed Substitute House Bill No. 2546 to the second reading calendar.
MOTION
Senator Esser moved for a division on the motion.
The President declared the question before the Senate to be the motion by Senator Esser for a division and the motion was sustained.
The motion by Senator Esser to moved Engrossed Substitute House Bill No. 2546 to the second reading calendar failed on a rising vote.
SECOND READING
SENATE BILL NO. 6261, by Senators B. Sheldon, Oke and T. Sheldon
Modifying juror payment provisions.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 6261 was substituted for Senate Bill No. 6261 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 6261 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Sheldon, B. and McCaslin spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6261.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6261 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Eide - 1.
SUBSTITUTE SENATE BILL NO. 6261, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTIONS
On motion of Senator Esser, the Senate reverted to the fifth order of business.
Senator Esser moved that Engrossed Substitute House Bill No. 2546, previously held at the desk on February 3, 2004 be referred to the Committee on Rules.
Senator Sheldon, B. moved to amend the motion by Senator Esser to refer Engrossed Substitute House Bill No. 2546 to the Committee on Ways & Means.
Senator Zarelli spoke against the motion by Senator Sheldon, B. to amend the motion by Senator Esser.
The President declared the question before the Senate to be the motion by Senator Sheldon, B. that the motion by Senator Esser be amended to refer Engrossed Substitute House Bill No. 2546 to the Committee on Ways & Means.
The motion by Senator Sheldon, B. to refer Engrossed Substitute House Bill No. 2546 to the Committee on Ways & Means failed by voice vote.
The President declared the question before the Senate to be the motion by Senator Esser to refer Engrossed Substitute House Bill No. 2546 to the Committee on Rules.
The motion by Senator Esser carried and Engrossed Substitute House Bill No. 2546 was referred to the Rules Committee by voice vote.
MOTION
At 12:05 p.m., on motion of Senator Esser, the Senate adjourned until 9:00 a.m., Tuesday, February 10, 2004.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, JR., Secretary of the Senate